The court established the principle that continuation of criminal proceedings would amount to an abuse of the process of law when the accused had already been exonerated in the departmental enquiry on virtually the same allegations, and the allegations did not even prima facie disclose the ingredients of the offences. The court also discussed the requirement of sanction for prosecution and held that it pales into insignificance in view of the exoneration of the applicant in the departmental enquiry.

JUDGMENT

Manish Pitale, J. - Heard finally with the consent of the learned counsel appearing for the rival parties. Admit.

2. The applicant herein has approached this Court invoking inherent power under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.'), for quashing of First Information Report (F.I.R.) and charge-sheet for offences under Sections 409, 468 and 471 read with Section 34 of the Indian Penal Code, 1860 (hereinafter referred to as 'I.P.C.'). By way of amendment, a further prayer is made for quashing and setting aside order dated 21.08.2020, passed by the Judicial Magistrate, First Class, Arvi, whereby an application for discharge filed on behalf of the applicant, was dismissed.

3. On 26.10.2021, this Court had passed an order permitting amendment of the application for adding the aforesaid prayer, despite objection raised on behalf of the non-applicant No.1/State, by referring to the judgments of the Hon'ble Supreme Court. When this application was finally heard, the said objection was reiterated on behalf of the non-applicant No.1/State, as well as the non-applicant No.2 i.e. informant - complainant.

4. The sequence of events, leading to filing of the F.I.R. and initiation of criminal proceedings is that, the applicant at the relevant date was working as the Depot Manager of the Maharashtra State Road Transport Corporation (hereinafter referred to as 'the Corporation'). On 07.03.2013, overwriting was allegedly noticed in a register maintained for diesel filled in the buses of the Corporation, as well as receipts issued by a private petrol pump from which the diesel was filled, as per an agreement between the Corporation and the Petrol Pump. It was alleged that when the Accountant of the Corporation noticed such overwriting and found that an inflated bill was sought to be prepared to the extent of 118 liters of diesel, he reported the same to the applicant i.e. the Depot Manager. Even as per the allegations, the applicant stopped the processing of the bills and payment towards diesel that was filled on the said date, in order to enquire into the matter.

5. One Mr. Dhotre, the Security and Vigilance Officer of the Corporation, was asked to enquire into the matter. He recorded statements of concerned persons, including co-accused Mr. Belge, working as Assistant and concluded that the overwriting and attempt at raising inflated bills to the extent of 118 liters of diesel, was carried out on the directions of the applicant i.e. the Depot Manager and that for excessive diesel amounting to Rs.6,353/-, the applicant had received cash amount of Rs.5,000/- from the employee of the concerned petrol pump, who was also arrayed as an accused. It appears that in pursuance of the findings given by the Security and Vigilance Officer, a censure was issued to the applicant and the matter was directed to be further enquired into.

6. On 02.12.2013 i.e. about 9 months after the alleged incident, the Security and Vigilance Officer submitted report to the Police Station at Arvi, making the aforesaid allegations against the applicant, in pursuance of which F.I.R. No.238 of 2013 dated 03.12.2013, was registered against the applicant and the aforesaid co-accused persons for offences under Sections 409, 468 and 471 read with Section 34 of the I.P.C.

7. On the basis of the aforesaid material, during the course of departmental enquiry, charge-sheet dated 18.12.2013, was also issued to the applicant for the charges of conspiring with other persons to cause financial loss to the Corporation, indiscipline, negligence which caused serious loss to the Corporation as well as inconvenience to the public at large and misappropriation and cheating as regards the property of the Corporation.

8. In pursuance of issuance of charge-sheet, enquiry was conducted and statements of all persons concerned with the incident dated 07.03.2013, were recorded and enquiry report was prepared and forwarded to the applicant by letter date