- (1.) INITIALLY this application was filed for quashing of the order dated 5th March, 2011 passed in Vigilance P.S. Case No.68 of 2010 (Special Case No.85 of 2010) whereunder cognizance of the offence punishable under Sections 403, 406, 409, 120B, 467, 468, 471 and 109 of the Indian Penal Code and also under Section 7/13 (2) read with Section 13(1) (c)(d) of the Prevention of Corruption Act had been taken against the petitioner. Subsequently, when the prayer for discharge was rejected vide order dated 5.9.2012, that order was also challenged along with the order under which charges has been framed.
(2.) IT appears that in compliance of the order passed by this Court in W.P(PIL) No.1530 of 2009, a preliminary enquiry was conducted by the Vigilance Department wherein it was found that in spite of Junior Engineers of Building Division being available, Assistant Teachers, who were having diploma/degree were deputed to supervise and to construct building of primary schools and other schools situated in different blocks of Bokaro district under the sponsored programme of the Government. They, in course of constructing/supervising of construction work of the building of the schools indulged themselves in corrupt practices and thereby, they put the Government to heavy loss. On the basis of preliminary enquiry, FIR was lodged wherein it was alleged that in the meeting of Reflection -cum -Planning held at Ranchi, a decision was taken on the pretext of dearth of Junior Engineers to impart training to the teachers having diploma in engineering so that they may be entrusted with the job of construction/supervision of the building of the schools. Pursuant to that decision, an order was passed by the petitioner being the Deputy Commissioner, Bokaro upon which the then District Superintendent of Education -cum -Project Officer, Sarva Shiksha Abhiyan, Bokaro deputed 7 teachers for having training at the District Institute of Education and Training (DIET), Ratu, Ranchi, vide its letter dated 5.5.2004. After they received training at DIET, the petitioner, deputed them in different blocks for supervising the work of construction of the building of new primary schools and upgraded schools, vide its letter as contained in memo no.998 dated 01.12.2004. By the said order, Ashok Kumar Bharti was deputed in Gomia block. Subsequently, the then Regional Deputy Director, Education, North Chotanagpur, Hazaribagh vide its letter dated 07.02.2005 entrusted Ashok Kumar Bharti to take up the work of the construction of the building of the schools situated in Chandankiyari block. When the then Minister concerned came to know about the fact that from the teachers of the schools work which was supposed to be done by the engineer is being taken, he immediately passed an order for stopping that practice. Pursuant to that, the teachers were relieved from the construction work of the school. However, the then Regional Deputy Director, Hazaribagh, vide its letter dated 17.9.2007 entrusted Ashok Kumar Bharti with the construction work of the building of the schools situated in Petarbar block as well as other blocks and also of the building of Kasturba Gandhi Residential School.
(3.) THUS , it has been alleged that teachers in contravention of the rule of the Government were deputed to do the construction work/supervising the construction work of the building of the schools and they, in that course, misappropriated huge amount. The matter was taken up for investigation and after completion of the investigation, when the charge sheet was submitted, cognizance of the offences punishable under Sections 120B, 406,409, 467, 478, 471 & 109 of the Indian Penal Code and also under Section 7/13(2) read with Section 13(1)(c) (d) of the Prevention of Corruption Act was taken.;