- (1.) HEARD learned counsel appearing for the petitioner and learned counsel appearing for the Vigilance.
(2.) THIS application has been filed for quashing of the entire criminal proceeding of Vigilance P.S. Case No.14 of 1994 (Special Case No.8 of 1994), including the order dated 18.07.2008, passed by learned Special Judge, Vigilance, Ranchi, whereby and whereunder, cognizance of the offences punishable under Sections 420, 467, 468, 417, 477A, 406, 409/120B of the Indian Penal Code and also under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, has been taken against the petitioner and others. Mr. Chandrajit Mukherjee, learned counsel appearing for the petitioner submits that gist of the allegation upon which the petitioner is being prosecuted, is that when three persons came on transfer from Primary Health Centre, Vishrampur, Palamau for give joining in the office of the In-charge, Primary Health Centre, Khunti and placed L.P.C., transfer order as well as joining letter, In-charge, Primary Health Centre, Khunti, asked this petitioner to take dictation of the letter to be written to the In-charge of the earlier place of posting of those three persons, namely Lal Babu Prasad, Uma Shankar Prasad and Jagat Narayan Prasad at Primary Health Centre, Vishrampur, Palamu, Leproacy Research Training Institute, Brambay, Ranchi and also Deputy Directorate, Infectious disease, Bihar, Patna, respectively for its verification as to whether these three persons have been appointed there or not? However, it is said that in stead of sending those letters to the concerned Office, as aforesaid, those letters were handed over by the In-charge, Primary Health Centre, Khunti to those persons, who had come to join over there. On the basis of the aforesaid documents, those three persons came with the verification report, showing that these persons were worked on the previous place of posting, their joining was accepted. But subsequently, when it got transpired that on the forged letters, those three persons had taken joining at Primary Health Centre, Khunti, a case was registered by Vigilance Department as Vigilance P.S. Case No.14 of 1994 (Special Case No.8 of 1994) for the offence under Sections 420, 467, 468, 417, 477A, 406, 409/120B of the Indian Penal Code and also under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act.
(3.) THE matter was taken up for investigation. On completion of investigation, charge sheet was submitted, upon which cognizance of the offences as aforesaid, was taken vide order dated 18.07.2008, which is under challenge.;