This petition under section 482 of the Code of Criminal Procedure, 1973, is filed against the order dated 9.1.2014 passed by the learned District and Sessions Judge, Yupia in PCA No.08 (YPA)/2010 whereby the charge under sections 13(2), 13(l)(d)(i) of the Prevention of Corruption Act, 1988, has been framed against the petitioner.

2. I have heard Mr. P.K. Tiwari, learned senior counsel assisted by Mr. L. Tenzin, learned counsel appearing for the petitioner and Mr. Kholi Tado, learned Public Prosecutor, appearing on behalf of the State/opp. party. Both the parties have filed their written arguments in this matter.

3. The facts of the case, in brief, are that the Director of Health Services (DHS), Naharlagun, Arunachal Pradesh, Sri Hage Lodor, lodged a written complaint dated 18.5.2007 at Naharlagun Police Station alleging, inter alia, that the petitioner while functioning as i/c Director of Health Services, Government of Arunachal Pradesh at Naharlagun, had committed gross criminal misconduct by appointing 224 candidates in various posts in Malaria Branch of the Health Department without any existing vacancies and thereby deceived the innocent candidates. On the receipt of the said FIR, Naharlagun Police Station Case No.101/2007 under sections 13(l)(d)(i), (ii) read with section 13(2) of the Prevention of Corruption Act, 1988 was registered against the petitioner.

4. During the investigation, it was revealed that the petitioner, while serving as Director (i/c) of the Health Services, was to retire on superannuation on 28.2.2006, but his service was extended for another one year with approval of the State Government. During the extended period of his service as i/c Director of Health Services, the petitioner illegally appointed 303 persons to various posts in spite of non-existing vacancies in the Malaria Branch of the Directorate of Health Services without following any process of selection by abusing his official position.

5. Initially the charge sheet under section 13(2) read with section 13(l)(d) (i)(ii) of the Prevention of Corruption Act, 1988 was laid against the petitioner. A supplementary charge sheet dated 27.12.2010 was also filed under section 13(2)/13(d)(i) and (ii) of the Act in continuation of the earlier charge sheet.

6. It is submitted by Mr. Tiwari, learned senior counsel appearing for the petitioner that in the supplementary charge sheet, petitioner has not been made accused and recommendation is given to frame charge against Shri Ngihon Singpho. The supplementary charge sheet does not in any manner implicate the petitioner and contents material only against Shri Ngihon Singpho.

7. In the first charge sheet, altogether 26 witnesses have been cited as witness. Out of 26 witnesses, 5 are State Government officials belonging to the Directorate of Health Services and the rest are alleged illegal appointees. The co-accused Sri Harish A.R. (DHV) of the Directorate of Health Services was also examined by the Inquiry Officer and his statement was recorded under section 161 of the Code of Criminal Procedure. The charge sheet refers 14 documents marked as Annexures 1 to 14.

8. It is also submitted by the learned senior counsel for the petitioner that in order to sustain the charge against the petitioner under section 13(l)(d)(i) and (ii) of the Prevention of Corruption Act, 1988, it is necessary to have some evidence or material in the charge sheet, even prima facie, to show that the petitioner by way of making illegal appointments obtained from any person in valuable things or pecuniary advantage either for himself or for any other persons.

9. The statement of witnesses available on record demonstrate that there is not an iota of evidence to show even prima facie that the petitioner by way of such illegal appointments obtained for himself any pecuniary advantage or valuable things. None of the documents, marked as Annexures 1 to 14, referred in the charge sheet, contain a shred of evidence on petitioner attemp