V.M. Deshpande, J.

1. Rule. Rule is made returnable forthwith. Heard finally with the consent of the parties.

These three Revisions can be disposed of by this common judgment, since those arise out of the common order, passed by the learned Additional Sessions Judge-2, Ambejogai in Special Case No. 5 of 2004. By the impugned order, the learned Additional Sessions Judge-2, Ambejogai rejected the respective applications filed by the applicants in the present three Revisions for discharge.

FACTS IN RESPECT OF CRIMINAL REVISION APPLICATION No. 47/2012

The applicant in the present Criminal Revision is original accused No. 20. At the relevant time he was discharging his duties as Executive Engineer, Majalgaon Canal Division No. 6; whereas deceased accused Narayan Narhari Joshi (accused No. 21) was Store Keeper; and accused No. 22 Kawdu Namdeo Patil was a Divisional Accountant at the said Division No. 6.

The Superintendent of Police, Anti Corruption Bureau, Aurangabad lodged a report with Police Station, Parli Vaijnath Urban on 24.6.1985. The said first information report was recorded as Crime No. 74 of 1985 for the offences punishable under Section 409 of the Indian Penal Code and under Section 5 (2)(c)(d) of the Prevention of Corruption Act, 1947.

After completion of the investigation, charge sheet was filed.

The accusation in respect of the present applicant in the charge sheet and in particular at Appendix IV which pertains to Majalgaon Canal Division No. 6. Sum and substance of the accusations against the applicant is, during the period of 4.1.1981 to 31.3.1982 the present applicant, accused Nos. 21 and 22 have made purchases of nine items, namely (1) Survey material (2) T and P articles (3) Steal cupboard (4) Air Cooler (5) Water Cooler (6) Tubular Structure (7) Straight Rods and Nuts Washers (8) Calculators and (9) Petromax.

According to the accusations, as found in the said Appendix, the applicant along with accused Nos. 21 and 22 purchased the afore said articles without following the procedure and thereby caused loss of Rs. 98,055.17 Ps. to the Government. Therefore, the charge sheet was presented against the applicant for the offence punishable under Sections 120B, 420, 409, 109 of the Indian Penal Code for the offence punishable under Section 5(2)(c)(d)of Prevention of Corruption Act (corresponding to Section 13(2) r/w Section 13(1)(c)(d) of the Prevention of Corruption Act, 1988).

Thus, according to the prosecution, the purchases for the afore said items were made by the applicant with other accused in conspiracy with each other in breach of the Rules and has thus committed the offences.

Undisputedly, a departmental proceeding was initiated against the present applicant for causing financial loss to the State. The said inquiry was held against the applicant in the year 1986.

After completion of the departmental inquiry, the punishment was inflicted upon the applicant by passing the order of reduction in rank from Executive Engineer to the Deputy Engineer.

The applicant carried said matter up to Hon'ble Apex Court and Hon'ble Apex Court in Civil Appeal No. 4178 of 1994, by order dated 5.5.1994 substituted the punishment from reduction of rank to withholding of one increment of the applicant in the pay scale of Executive Engineer for a period of three years without cumulative effect with effect from November, 1986.

The applicant moved an application (Exh.190) in Special Case No. 5 of 2004 for discharge. The said application is rejected on 9.12.2011. Hence, present Revision.

FACTS IN RESPECT OF CRIMINAL REVISION APPLICATION No. 25/2012

The applicant in present Criminal Revision is accused No. 12 in Crime No. 74 of 1985. At the relevant time, the applicant was working as Sub-Divisional Engineer at Shirsala Sub-Division No. 17 of Majalgaon Canal Division No. 4 during the period 1.7.1981 to 31.3.1984 and one Shri Gulam Ali Jafarsaheb Soudagar was working with him as Junior Engineer, who is shown accused No. 13 in the charge sheet.

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