- (1.) HEARD learned counsel appearing for the petitioner and learned counsel appearing for the Vigilance.
(2.) GRIEVANCE , which has been raised in this application by learned counsel appearing for the petitioner, is that a case bearing Deoghar (Town) P.S. Case No.216 of 1990 was registered on 10.10.1990 under Sections 420/409/408/477A/467/468/120B of the Indian Penal Code and also under Section 5(d) of the Prevention of Corruption Act, 1988. But still the I.O. has not submitted charge sheet against this petitioner and thereby, the petitioner has been denied right to speedy justice and on this ground alone, first information report be quashed so far this petitioner is concerned. Mr. Rajesh Kumar, learned counsel appearing for the petitioner submits that the aforesaid first information report was lodged alleging therein that the Contractor was paid excess amount of Rs. 2,03,013.00/ - illegally in connivance with the Engineers posted at that time, but the petitioner, at that time had never been posted rather he was posted later on and it is alleged against the petitioner that either he did some manipulation in the measurement book or at his instance, manipulation was done to justify the withdrawal of the amount as aforesaid by the accused persons but the I.O. has not been able to complete the investigation of the matter which is so simple.
(3.) A counter affidavit has been filed on behalf of the Vigilance wherein it has been stated that the petitioner has not been co -operating with the I.O. to arrive at final conclusion in the matter and as such, the charge could not be filed against the petitioner, though the charge sheet has been submitted against other accused persons. It has been further stated that the petitioner, being Superintending Engineer, having hatched criminal conspiracy, called for the measurement book in his Office and did some manipulation over the entry made in the measurement book and which allegation goes to show about the culpability of the petitioner in the alleged offence.;