- (1.) This application has been filed for quashing of the FIR of VigilanceP.S. case no. 50 of 2010 (Special Case No.67 of 2010) instituted under Sections 420, 120(B), 467, 468, 471, 406, 409 and 109 of the Indian Penal Code and also under Section 13(2) read with Section 13(1)(c)(d) of the Prevention of Corruption Act.
(2.) Mr.S.N.Prasad, learned counsel appearing for the petitioner submitted that notice inviting tender was issued by the office of the Executive Engineer, Rural Engineering Organization, Works Division, Lohardaga for construction of road from Fatehpur to Hium as well as Hessal Kurse Road on estimated cost of Rs.3,51,91,063/-. The petitioner submitted its tender paper. On being found successful, the Department entered into an agreement with this petitioner with stipulation that the contractor will complete the work within a period of nine months. The petitioner proceeded with the work and payments were made on verification of the bills submitted by the petitioner. While the work was at the verge of its completion, the Executive Engineer got retired and when the new Executive Engineer joined, he made a complaint relating to irregularities being committed in the construction of the road. On such complaint, Deputy Commissioner, Lohardaga constituted a committee to conduct an enquiry. Thereafter three other committees were also constituted for making verification of the allegation relating to irregularities being committed in the construction of the road but only the committee which had been constituted by the DeputyCommissioner, submitted a report, on the basis of which, F.I.R was lodged as Lohardaga P.S. case no.170 of 2008 alleging therein that the contractor has done work worth Rs.56,19,524/- whereas payment was made of Rs.1,82,71,699/- and in this manner, excess payment of Rs.1,26,52,175/- has been made to the contractor and thereby it was alleged that the petitioner-contractor in connivance with the engineers misappropriated the aforesaid amount.
(3.) It was further submitted that while the matter was under investigation, a decision was taken by the Cabinet Vigilance, Jharkhand, Ranchi to hand over the entire case to the Vigilance Bureau, Jharkhand but without having any approval of His Excellency, the Governor of Jharkhand who on account of imposition of President Rule, was at the helm of affairs of the State. Pursuant to that decision, the Vigilance without getting the matter verified by any of the expert agencies as to whether any irregularities have been committed lodged the case as Vigilance P.S case no.50 of 2010.;