- (1.) HEARD learned counsel for the petitioner and learned Spl. P.P. for the Vigilance.
(2.) THE petitioner has been made accused for the offences under Sections 406, 409, 420, 423, 424, 465, 467, 468, 471, 477A, 120(B) of the Indian Penal Code and Sections 11, 12, 13 and 15 of the Prevention of Corruption Act, in connection with Vigilance P.S. Case No. 11 of 2009 corresponding to Special Case No. 15(A) of 2009. The petitioner was working as the Director of the Agriculture Department in the State of Jharkhand. The case was instituted on the basis of a complaint petition filed by one Vinit Kachhap, alleging misappropriation of Govt. money by the officials of the Agriculture Department to the tune of Rs. 46.10 Crores. The said complaint petition was sent to Vigilance for institution of the police case. Though in the complaint petition, the petitioner has not been made accused, the petitioner's successor in office, Nistar Minz and Nalin Soren, the then Minister in charge of the Agriculture Department were made accused. During investigation of the case by the Vigilance, the petitioner was found to be involved in the offence and he has also been made accused.
(3.) THE petitioner was holding the post of Director of Agriculture in the State of Jharkhand for the period from 26.9.2003 to 9.3.2007, and as such it would be appropriate to confine this order only to the allegations during the tenure of the petitioner. The charge sheet filed by the Vigilance shows that during the tenure of the petitioner, more than Rs. 20,89,00,000/ - was allotted by the Disaster Management Department in view of the drought situation in the State, for distribution of the amount amongst the drought affected farmers. The manner in which the money was to be distributed was prescribed in the allotment letter. It is alleged that the said fund was illegally diverted during the tenure of the petitioner for purchase of seeds of vegetables, showing the purchase of more than rupees thirteen crores, from such institutions, which were not even the producers of seeds, viz., M/s NAFED of Ludhiana and M/s NERAMAC of Agartalla, on the basis of forged certificates issued in their favour. These institutions actually did not supply the seeds which, were supplied through middleman and the payments were made without ensuring the genetic and germinating qualities of the seeds, which was required to be done. The supply order was also given to one M/s WBSSC Kolkatta, which was a blacklisted firm, through the same middleman. Apart from the above, there is allegation of making illegal purchases of other agricultural equipments also.;