Insufficient evidence of criminal misconduct or pecuniary advantage under the Prevention of Corruption Act leads to the discharge of accused in a recruitment-related irregularity case.

JUDGMENT :

SANDEEP V. MARNE, J.

1. Rule. Rule is made returnable forthwith. With the consent of the learned counsel appearing for the parties, the Petitions are taken up for final hearing and disposal.

THE CHALLENGE

2. These Petitions are filed by Petitioners challenging Order dated 30 August 2014 passed by the learned Special Judge and Joint Ad-hoc Additional Sessions Court, District-Pune, rejecting the Discharge Applications filed by them in Special Case No.11 of 2010.

FACTS

3. A brief factual narration of the case would be necessary. The State Government sanctioned various posts of Jail Sepoy, Group-C, in various prisons under the Home Department of Government of Maharashtra. Accordingly, the Deputy Inspector General of Prison (Western Region), Pune issued advertisements for undertaking selection process for filling of 67 posts of Jail Sepoy, Group-C. The Recruitment Rules applicable to the post of Jail Sepoy, Group-C prescribed for educational and physical criteria. Candidates fulfilling the educational and physical criteria were subjected to physical test comprising 100 marks, which was to be conducted against 8 parameters. The candidates clearing the physical test were to be subjected to the written test for 80 marks. Candidates passing the written test were to be subjected to oral interview of 20 marks. Accordingly selection process was implemented by a Committee under the Chairmanship of Accused No. 1, who functioned as Deputy Inspector General of Prison (Western Region), Pune at the relevant time. FIR was lodged on 3 March 2006 by Shamrao Yadu Mohite, Assistant Police Commissioner, Anti Corruption Bureau (ACB) on the basis of letter dated 20 June 2005 addressed by Principal Secretary (Prisons), Home Department, Mantralaya, Mumbai alleging irregularities in the selection process. With reference to the said letter, directions were issued by Director General of Police, ACB for conduct of open enquiry. In the meantime, one Shri Arun Bhalerao had submitted application to Deputy Police Commissioner, ACB, Pune alleging irregularities in the selection. Accordingly, his application was also included in the open enquiry and a common open enquiry was conducted. During the course of enquiry, statements of 105 witnesses were recorded and it was revealed that illegalities were committed while filling up 67 posts of Jail Sepoy prisons (Western Region), Pune. It was alleged in the FIR that Accused No.1 -Dhanaji Choudhari was functioning as Deputy Inspector General, Western Region during the period from 23 August 2004 to 13 July 2005 and was incharge of 10 prisons and that he was Chairman of the Committee constituted for conduct of selection. It was alleged that a criminal conspiracy was hatched by Accused No.1-Dhanaji Choudhari, his Personal Secretary Smt. Nirmala Jadhav (Accused No.2) and Establishment Clerk-Chand Dadasaheb Mulla (Accused No.3) and in furtherance of such conspiracy, various criminal acts are committed. The FIR listed various allegations against the trio, further alleging that they took aid of their trusted officials in such conspiracy.

4. After conducting the investigations, chargesheet was filed by ACB, in which Petitioners are arraigned as accused. Petitioners filed applications for discharge in Special Case No.11 of 2010. By common order dated 30 August 2014, the s