Rakesh Ranjan Prasad, J. - (1.) THIS writ application has been filed for quashing of the order sanctioning prosecution against the petitioner for the offence under Section 13(2) read with Section 13(1)(d) of Prevention of Corruption Act. Before adverting to the submission advanced on behalf of the petitioner, the case of the prosecution needs to be taken notice of.
(2.) A complaint was lodged by the then Joint Secretary, Ministry of Coal, Government of India, to the effect that A.K. Sinha, the then General Manager, Kathara Area, a Unit of CCL, Ranchi, entered into a conspiracy with some officials of Kathara Colliery and Kathara Washery and also with some private parties during 1989 -91 and in furtherance thereof the accused persons dishonestly and fraudulently prepared/caused to be prepared false and forged documents, showing fictitious transfers of raw coal from Kathara Colliery to Kathara Washery to the tune of 7.33 lakh tonnes by abusing their official position and misappropriated the aforesaid quantity of coal worth Rs. 21 crores resulting in corresponding wrongful loss to CCL. In course of investigation, it got transpired that this petitioner, the then Project Officer, Kathara Washery, CCL, had also conspired with A.K. Sinha for falsification of accounts, creating fake records and for wrong adjustments of slurry of Kathara Washery in the account of Kathara Colliery.
(3.) FURTHER , it was found that the petitioner had created fake records in the form of some letters acknowledging the receipt of coal of 3,62,056 MT from 19.03.1991 to 31.03.1991 and that the petitioner had ordered the dealing persons who were maintaining Raw Coal Receipt and Consumption Register to show the transfers of 3,62,056 MT coal without any actual transfer on day to day basis and to falsely reflect the same in daily reports.;