- (1.) HEARD the learned counsel for the petitioner, Mr. D.K.Prasad and learned counsel for the CBI, Mr. Rajesh Kumar.
(2.) THE petitioner has filed the instant revision application for setting aside the order dated 24.1.2009 passed in R.C.Case No. 8(A)/94 (D) by the learned Special Judge, CBI -cum -ADJ - XIII, Dhanbad, whereby the petition filed by the petitioner under Section 239 Cr.P.C. for his discharge has been rejected. The prosecution story in short is that an information has been received by the CBI that (i) Sri Bharat Singh, GM, (ii) Sri J.P.Gupta, Agent/Project Officer and (iii) Sri M.M.Roy, Manager entered into a criminal conspiracy and misappropriated 6, 55,305.70 M.T. of coal of GOCP worth Rs. 39.31 Crores of C.I.L., the G.M., Agent and Manager are responsible for the said shortage. After investigation the CBI has filed the charge sheet against the petitioner and three aforesaid persons.
(3.) THE learned counsel for the petitioner submits that surprise check was conducted in respect of the stock of coal at G.O.C.P. Colliery from 26.7.1993 to 29.7.1993 for the period when the petitioner was not discharging duty at the concerned place. It is further submitted that the petitioner was also chargesheeted by the department for the same but after considering his show cause, the departmental enquiry was dropped as per order dated 25.9.1992.;