BAL KRISHNA RAM Vs. STATE OF JHARKHAND
LAWS(JHAR)-2020-1-69
HIGH COURT OF JHARKHAND
Decided on January 21,2020

Bal Krishna Ram Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

ANUBHA RAWAT CHOUDHARY,J. - (1.) Learned counsel for the petitioner is present.
(2.) W.P. (Cr.) No. 307 of 2016 has been filed for the following reliefs: - "for quashing of the F.I.R. lodged by the Vigilance bearing Vigilance Case No.-61 of 2016, Vigilance P.S. Case No.-58 of 2016, dated 11.08.2016 registered under Sections 409, 420, 467 468, 471, 477(A)/120 (B) of Indian penal Code, r/w Section 13(1) (c) &(d) and 13(2) of Prevention of Corruption Act-1988; And Further pray for quashing of the entire criminal proceeding so far it relates to the Petitioner as the Department, who got the work done has given clearance/clean cheat to the work done by the Zila Parisad and the Hospital is running smoothly and as such no case is made out as well as further continuance of the proceeding shall amount to and abuse of process of law. And Further prays to issue an appropriate writ in the nature of certiorari or any other appropriate writ for quashing the enquiry report dated 21.05.2015 submitted by the Technical Committee (Vigilance) constituted pursuant to the letter of the Dy. Secretary, Cabinet (Vigilance) Department, Govt. of Jharkhand vide Letter No.- NI. VI (Stha)-15/2012-1000 dated 06.06.2014 (Annexure-2) as because the enquiry report is not based on the enquiry referred to A.C.B. on specific 10 points. And Further prays for grant of an appropriate writ(s)/order(s)/direction(s) for which Petitioner is found entitled to currently pending in the Court of Sri Ashutosh Dubey, A.J.C.-II-cum-Special Judge, Vigilance, Ranchi."
(3.) W.P. (Cr.) No. 212 of 2016 has been filed for the following reliefs: - "That in the instant writ application the petitioner prays for following relief: - (i) To issue an appropriate writ in the nature of certiorari or any other appropriate writ for quashing the enquiry report dated 21.05.2015 submitted by the Technical Committee (Vigilance) constituted pursuant to the letter of the Dy. Secretary, Cabinet (Vigilance) Department, Govt. of Jharkhand vide letter no.- NI. VI(Stha)- 15/2012-1000 dated 06.06.2014 (Annexure-2) as because the enquiry report is not based on the enquiry referred to A.C.B. on specific 10 points. AND (ii) To quash the letter of request made by the Joint Secretary, Cabinet Secretariat and Vigilance Department, Govt. of Jharkhand contained in letter no. NI.VI(Swa)-15/2012-1482 dated 15.07.2016 whereby the whereunder the said Respondent has made a request to the Respondent No. 2 to register and FIR against the petitioner and others on the basis of the enquiry made pursuant to registering the P.E. Case No. 32/13 dated 02.11.2013 (Annexure 3). (iii) For issuance of an appropriate writ in the nature of mandamus or any other appropriate writ directing the Respondents to reconsider the writ presentation submitted by the petitioner dated 11.05.2016 (Annexure ;


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