- (1.) THROUGH this writ application extraordinary jurisdiction of this Court as enshrined under Article 226 of the Constitution of India has been invoked for quashing of the first information report of Vigilance P.S. Case No. 11 of 2009 (arising out of Special Case No. 15 of 2009) instituted under Sections 406, 409, 420, 423, 424, 465 and 120B of the Indian Penal Code and also under Sections 11, 12, 13 and 15 of the Prevention of Corruption Act, 1988.
(2.) THE facts giving rise to this application are that the complainant lodged a complaint in the Court of Vigilance -cum - Additional Judicial Commissioner, Ranchi, alleging therein that right from the inception of the State of Jharkhand, all the officials and the Minister of the Department of Agriculture started functioning in the manner which suited to their interests, though it was always prejudicial to the interest of the general public. Such irregularities came to light in the year 2003 when reputed institution applied for supply of the seeds but supply order was given to a concern which was quite unknown for the obvious reason of having benefit out of it. Later on, in the financial year 2003 -04, various schemes for the betterment of agricultural sector of the State of Jharkhand was introduced but it did not serve the purpose of the general public, rather it served the interest of the accused persons. For execution of such schemes, decisions were taken to purchase pulses seeds from reputed institutions but order was placed to a firm which was quite unknown and that Rs. 250 lacs were allocated for developing Agri Bio Zone to promote production of vegetables but it never came to surface, as fund was misused. The same was the fate of the scheme known as "Akasmik Fasal Yogana" in which more than Rs. 200 crores were invested but the result was nil. Further allegation is that in the year 2006 a scheme known as "Shankar Dhan Beej Kray Yogana" was introduced under which orders for supply of the seeds were placed by accused no. 1, Director, Agriculture to M/s Nefed and Naramake, who of course supplied the seed but, it was all of inferior quality whereas payments were made of the better quality seed. Further under the scheme known as Biz Binimay Karyakram, seeds were claimed to have been purchased in the year 2006, but the same were never supplied to the farmers and thereby accused persons misappropriated the amount. It has also been alleged that in the same year, when the Secretary, Agriculture and Sugarcane Development Department, Jharkhand sanctioned money for purchase of seeds of vegetable and foodgrains in the month of September, 2000, orders were placed to M/s Nefed and Naramake, though the said concern were incapable to supply seeds in such huge quantity and in that deal, the accused persons grossly misused the public money.
(3.) SIMILARLY , in other scheme also funds were misused in purchasing liquid 'bio khad' and in execution of the scheme, known as "Zaivik Kheti Vikas Yogana" by giving supply orders of not less than Rs. 371.36 lacs were placed to a favourable firm in the year 2005. Subsequently, in the month of June, 2006, Rs. 240 lacs were sanctioned for purchase of vegetable seeds but the aforesaid amount was paid to Sasanka Agriculture for construction of poly home without there being any agreement for obvious reason to defraud the State by misappropriating the public money. Again in the year 2006, total amount of Rs.1920 lacs were sanctioned for construction of well and distribution of pump set to farmers but the same was not utilized until the end of financial year when at the last moment, the amount was withdrawn which was never utilized for the purpose rather it was misappropriated.;