R.R. Prasad, J. - (1.) This application has been filed for quashing of the entire criminal proceeding of Vigilance P.S. Case No. 20 of 2003 (Special Case No. 22/2003), including the order dated 16/11/2011, passed by the Special Judge, Vigilance, Ranchi, whereby and whereunder cognizance of the offence punishable under Sections 420, 409, 120B of the Indian Penal Code and also under Section 13(1)(d) read with Section 13(i)(ii) of Prevention of Corruption Act, 1988, has been taken against the petitioner and others.
(2.) It appears that when the information was received by the Vigilance that certain irregularities have been committed by ACMO, Garhwa, in purchasing medicines, appliances and instruments for the year 2000-2001 and 2002, inquiry was made during which certain irregularities were found. Thereupon, a first information report was lodged alleging therein that the medicines and other equipments were purchased by the Office of ACMO, Garhwa on much higher price though the said medicines/equipments were available on lower price and, as such, purchases have been made to benefit the purchaser and, thereby, the accused persons in conspiracy with each other put the State exchequer to loss.
(3.) So far as petitioner is concerned, who happens to be the proprietor of M/s. Rahul Distributors, Ranchi, it has been alleged that the petitioner under the supply order, supplied 200 packets of 'Cotton' weighing 400 grams @ Rs. 66/- per packet though the rates had been determined in the Purchase Committee on 27/03/2000 as Rs. 54/- per packets and, thereby, a sum of Rs. 2400/- has been paid in excess. Similarly, the petitioner, under the supply order, supplied 200 bundles of 'Gauze' @ Rs. 142/- per bundle, though in the Purchase Committee meeting rate of Gauze per bundle had been fixed as Rs. 100/- and, thereby, a sum of Rs. 8,400/- was paid in excess.;