ANIL KUMAR CHOUDHARY,J. - (1.) Heard the parties through video conferencing.
(2.) This Writ Petition has been filed by the petitioner invoking the jurisdiction of this court under Article 226 of the Constitution of India for the following reliefs:- (a) For issuance of a writ/ order/ direction for quashing of the entire criminal proceeding including the First Information Report No. 49/ 2010/ Vigilance dated 06.10.2010 registered for the offences punishable under Sections 420, 120B, 467, 468, 471, 109, 409, 406 of the Indian Penal Code and Section 13 (2) read with Section 13 (1) (c) (d) of the Prevention of Corruption Act, 1988 and further setting aside the proceedings thereunder as nonest and illegal. (b) For issuance of a writ/ order/ direction for calling the order granting sanction passed in July, 2019 for prosecuting the petitioner in F.I.R. Case No.49/ 2010/ Vigilance and thereafter quashing of the same being nonest and illegal. As during the pendency of this criminal miscellaneous petition charge sheet (Final Form) was submitted and cognizance of the offence was taken by the learned Special Judge (ACB), Ranchi vide order dated 02.12.2019 for the offences punishable under Sections 420, 120B, 467, 468, 471, 109, 409, 406 of the Indian Penal Code and Section 13 (2) read with Section 13 (1) (c) (d) of the Prevention of Corruption Act, 1988 and directed for the issue of summons against the petitioner along with the coaccused person by way of interlocutory application the following additional prayer was made by the petitioner. (c) Quashing the summoning /order on cognizance and the charge sheet in the aforesaid matter.
(3.) The brief facts of the case is that the FIR of this case was registered consequent upon the order passed by a bench of this court dated 12.09.2010 in WP (PIL) no.4597/2009, WP (PIL) no.2772/2009 of which inter alia the petitioner is the named accused person being cited as accused number one in the FIR. It has been alleged in the said FIR that the petitioner hatched a criminal conspiracy with the co-accused persons including the public servants and in furtherance of such criminal conspiracy, by intentional and deliberate violation of the Financial Rules and by misusing official position of him and the co-accused persons, caused wrongful loss to the government exchequer and corresponding wrongful gain to him and the co-accused persons of huge amount of money in purchase of sports articles in connection with organizing the 34th National Games at Ranchi. After investigation of the case report under Section 173 of the Code of Criminal Procedure was submitted inter alia against the petitioner and the co-accused Bandhu Tirkey who was the Sports Minister of the Government of Jharkhand at the relevant time and thus a public servant (but the co-accused Bandhu Tirkey was not named in the FIR) for having committed the offences punishable under Sections 420, 120B, 467, 468, 471, 109, 409, 406 of the Indian Penal Code and Section 13 (2) read with Section 13 (1) (c) (d) of the Prevention of Corruption Act, 1988. The undisputed fact of the case is that 34th National Games was allotted to the Jharkhand Olympic Association in the year 2002. A Host City Contract was executed for the purpose on 26.06.2005. The petitioner was the president of Jharkhand Olympic Association at the relevant time. The petitioner was also the Vice President of the Indian Olympic Association (IOA). As per the terms of the Host City Contract, an organizing committee known as National Games Organizing Committee (NGOC) was registered as a society under the Societies Registration Act, 1860. In his capacity as the president of Jharkhand Olympic Association, the petitioner was designated as the Working Chairman of the said National Games Organizing Committee. The allegations against the petitioner are of three folds which are as follows: i) The petitioner caused a wrongful loss to the tune of ? 50 lakhs to the state exchequer by being instrumental in payment of ? 50 lakhs by the State of Jharkhand to the Indian Olympic Association (IOA) as a sequel of the letter of Mr. Suresh Kalmadi the then President of Indian Olympic Association on the alleged account of delay in making preparation of the National Games; and this was done by the petitioner despite the fact that though the petitioner being the Working President of the National Games Organizing Committee was very much aware about the ground realities which did not justify payment of ? 50 lakhs to the Indian Olympic Association and in capacity of the Vice President of Indian Olympic Association, the petitioner instead of dissuading the Indian Olympic Association from making such demand, in criminal conspiracy with the co-accused Mr. Bandhu Tirkey-who was the then Sports Minister of the Government of Jharkhand, by his acts of omission and commission ensured the said wrongful loss of ? 50 lakhs to the State of Jharkhand and corresponding gain to himself and others. ii) For the event management of the opening and closing of ceremony of the 34th National Games upon the recommendation of the tender committee notified by the state government M/s. Wizcraft was chosen and work order was issued as well as 30% of mobilization advance to the tune of ? 2 ,59,54,000/-was paid to the said firm. In the meanwhile as the date of the games was deferred on several occasions the said firm expressed his inability to do the work at the old price but the said firm was interested to do the work in spite of deferring of dates of the said games on several occasions. But without terminating the agreement with the said firm under the direction of the petitioner, re-tender of the opening and closing ceremony was again initiated and the second tender was published in the newspaper. Though the meeting of the tender committee was scheduled to take place at 5.00 PM on 05.10.2009 but the said meeting took place on 06.10.2010 and along with the tender process the meeting of the executive board under the chairmanship of the petitioner was held. In that meeting, the petitioner took the decision to complete the process by persons; different from the members of the notified tender committee. Though the notified committee was approved by the then Chief Minister of Jharkhand but the four member tender committee, the recommendation of which was approved by the petitioner, was neither approved by the Chief Minister, Jharkhand nor approved by the advisor to the Hon'ble Governor of Jharkhand, during the President's Rule in the state of Jharkhand. Three out of the four members of the committee constituted by the petitioner were private persons and the fourth person was a government servant in the Clerk grade. Because of this decision of the Executive Board under the chairmanship of the petitioner, the then Sports Secretary, Government of Jharkhand and the then Director of Sports, Government of Jharkhand dissented and walked out from the meeting. Apart from this in that meeting decision was taken to terminate the tender of M/s Wizcraft. The Executive Board instead of allotting the work to the L-1 bidder namely, Carving Dreams quoted ?7,96,64,175/-without the price for the film actors allotted the work to the L-2 bidder Cineyug who quoted ? 8,49,00,000/-without the price of film actors, after negotiation for ? 8,25,00,000/-that is at a higher rate of ? 28,35,825/-ignoring the remarks of the Accountant General in connection with the first work allotted to M/s. Wizcraft that finalization of the tender on the basis of C.D. presentation leaves room for manipulation and fraud and the same is contrary to transparency. The said decision was also contrary to the provisions of the Bihar Financial Rules. Though in the meeting of the Executive Board under the chairmanship of the then Chief Minister Mr. Arjun Munda it was acknowledged that the selection of M/s. Cineyug cannot be recognized as the same was not approved by the duly constituted committee as well as the Executive Committee of the National Games Organizing Committee but the petitioner at that time in an arbitrary manner during the President's Rule in capacity of Chairman of National Games Organizing Committee approved the tender of M/s. Cineyug, causing wrongful loss of ? 28,35,825/- to the Government of Jharkhand as a part of well-planned conspiracy with an intention to cause wrongful gain to M/s. Cineyug and others involved in the said criminal conspiracy. iii) The petitioner was accorded the status of a Minister for State and in the relevant notification it was mentioned that the petitioner during his visit to Jharkhand in connection with the National Games will be provided with accommodation in the government guesthouse, transport facility and security facility and the expenses of the same would be borne by National Games Organizing Committee but the petitioner instead of staying in government guesthouse, stayed in hotel for which the National Games Organizing Committee has to bear an additional unnecessary expenses of ? 9,81,477/-. ;