Important Point: The alleged offensive acts and conduct alleged against the applicant is reasonably connected with the performance of his official duties. The learned Special Judge could not have taken cognizance of the case without previous sanction of the concerned Government.

Indira Jain, J.

Rule. Rule made returnable forthwith. Heard finally with the consent of learned Counsel for the parties.

2. By this application under Section 482 of the Code of Criminal Procedure and Articles 226 and 227 of the Constitution of India, applicant seeks quashing of the criminal proceedings in Special Case No.23/2016 arising out of Crime No.3176/2016, registered with Sadar Police Station, Nagpur for the offences punishable under Sections 13(1)(c), 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 and Sections 420, 120-B, 109, 465, 467, 468 and 471 of the Indian Penal Code. Applicant is arrayed as accused no.4 in the charge-sheet.

3. For the sake of convenience, we shall refer the applicant as accused no.4 and the sole non-applicant as complainant.

4. The facts giving rise to the present application may be stated in brief as under :-

(I) Applicant was serving as Superintending Engineer in Irrigation Department of the Government of Maharashtra. In 2003, he was posted as an Administrator, Command Area Development Authority, Nagpur. In 2013, he took voluntary retirement from the government service. Before his retirement, he was attached to Gosikhurd Project and was In-charge of Dam Construction, Rehabilitation and Right Bank Canal in Bhandara and Chandrapur Districts.

(II) In 2012, one Mohan Marotrao Karemore, Builder and Member of Loknayak Bapuji Ane Samajsevi Sanstha filed Public Interest Litigation No.83/2012 before this Court alleging a scam in various irrigation projects under Vidarbha Irrigation Development Corporation (V.I.D.C.). Another Public Interest Litigation No.92/2012 was preferred by the President of Jan Manch alleging some irregularities committed in the Irrigation Department.

(III) As appeared from the charge-sheet, hearing of both the petitions was taken up on 12/12/2014 and on behalf of the State, statement was made that the Government would conduct inquiry in the allegations made in the petitions. On the statement made on behalf of the State Government, both the petitions were disposed of with liberty to petitioners to move the Court, if necessary action is not taken in the matter.

(IV) In pursuance to the statement made before the High Court, Government took decision to inquire into the alleged irregularities committed in various projects of V.I.D.C. The order was accordingly issued by the Home Department on 18/02/2015. On the basis of the decision of the Government, Anti Corruption Bureau, Mumbai issued a letter dated 26/03/2015 directing to initiate inquiry forthwith into the alleged corruption and irregularities in Gosikhurd Irrigation Project. In turn, Superintendent of Police, Anti Corruption Bureau, Nagpur issued direction on 31/03/2015 to conduct an inquiry. After conducting preliminary inquiry, it was revealed that cognizable offence has been committed by Contractors and Officers of V.I.D.C. An inquiry report was submitted to Anti Corruption Bureau, Headquarters, Mumbai for registration of offence. After obtaining permission from the Director General, Anti Corruption Bureau, Mumbai, Enquiry Officer Police Inspector Yuraj Patki attached to Anti Corruption Bureau, Nagpur lodged F.I.R. at Sadar Police Station, Nagpur. Crime No.3176/2016, as stated above, was registered against the accused persons. Investigation was set into motion.

(V) From the investigation, it was revealed that accused named in the charge-sheet conspired in criminal activities in allotting tender to M/s F.A. Construction, Mumbai and further while evaluating pre-qualification of M/s. Shraddha Construction and Power Generation Pvt. Ltd., Pune, gave additional more marks and illegally qualified the said company. So far as accused no.4 is concerned, allegations are at page no.26 of the charge-sheet. The allegations in Marathi read thus :-

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