Sanction for prosecution of public servants must reflect independent assessment; repeated refusals by the authority, absent new evidence, undermine legitimacy of prosecution.

Judgment :

Subhendu Samanta, J.

The instant reivisional application has been preferred under section 401 read with Section 482 of the Code of Criminal Procedure for quashing of a proceedings being case no. SPL 11/2009 arising out of RC 0102008A0004 dated 4.2.2008 under Sections 120B,419,420,468,471 of the Indian Penal Code and Sections 13(2) and 13(1))(d) of the Prevention of Corruption Act 1988 now pending before the Learned Special Judge (CBI Court) at Alipore, 24 Parganas(South); also against the order dated 2.8.2017 wherein the learned Special Judge(CBI Court) at Alipore, 24 Parganas (South) rejected the petitioner’s prayer for discharge in connection with the same case.

2. The brief fact of the case is that the Regional Provident Fund Commissioner lodged a written complaint to the Superintendent, ACB, CBI that one Iti (Mondal) Poddar have claiming herself as a widow of Subal Poddar, since the deceased who was an employee of Bharatia Electric Steel Co.(here in after referred to as BESCO) submitted a from10D on 2.1.2005, which was forwarded to the Employees Provident Fund Organization(hereinafter referred to as ‘EPFO’) on 24.1.2005 by the authorsed signatory of BESCO through Mr. Nikhil Ranjan Ganguly, the Assistant Manger of BESCO. The claim was accompanied with the death certificate of Subal Poddar issued by Kolkata Municipal Corporation and countersigned of the Nikhil Ranjan Ganguly. The claim was processed by Sunil Kumar Mondal, dealing assistant ‘EPFO’ on 27.12.2005 and approved by Manas Saha Sardar, the Section Supervisor on the same day. After such approval Shri Anjan Bose the Accounts officer of EPFO approved the same. Thereafter, Shri Rupak Gupta accorded the approval and PPO was issued. Ms. Iti(Mondal) Poddar received sum of Rs.1,73,484 as pension arrears, Rs.,17,325/- as relief arrears and Rs.1750/- as monthly pension. Subsequently, it was found that the death certificate was forged. 3 P. S. record shows that name of the father of the employee was and not Subal Poddar as claimed has found by EPFO official. 3P.S. revealed that Subal Poddal was born on 01/01/1935 while 10-D disclosed his date of birth as 31.1.1946. It was also fund that there was discrepancy in the name of the father/husband of the Iti (Mondal) Poddar as claim was based on forged documents and official EPFO processed the paper in adduce of their office.

3. According to the complaint, the CBI registered a case and take up investigation. Investigation of the CBI ended in charge-sheet against the accused persons namely, Manas Saha Sardar, Sunil Kumar Mondal, Nikhil Ranjan Ganguly, Iti Mondal, Rupak Gupta and Anjan Bose under Sections 120B, 419,420,468,471 IPC and Sections 13(2) and 13(1)(d) of the Prevention of Corruption Act 1988. The present petitioner being the Assistant Account Officer charged with the alleged offence of conspiracy with the other officials of EPFO and the Assistant Manager BESCO and Iti(Mondal) Poddar. The petitioner has submitted one application under Section 239 of the Code of Criminal Procedure before the Learned Special Judge for discharge. After hearing the parties, the learned Special Judge has rejected the prayer of the present petitioner and charge has been framed against all the accused persons including the present petitioner except accused Rupak Gupta(APFC). The accused Rupak Gupta was discharged by the learned Special Judge by the impugned order.

4. Being aggrieved by and dissatisfied with the said order, the instant revision