Mere retraction of the informant's statement in a departmental proceeding is not sufficient ground to quash an F.I.R. under the Prevention of Corruption Act, 1988.

JUDGMENT :

Heard the parties through video conferencing.

2. This petition has been filed invoking the jurisdiction of the Court under Article 226 of the Constitution of India with a prayer to quash the F.I.R. bearing Peshrar P.S. Case No.03 of 2020 registered for the offence punishable under Sections 7, 11 and 13 of Prevention of Corruption Act, 1988 and further proceedings consequent thereof.

3. Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner while being posted as Block Programming Officer, MANREGA at Block-Peshrar has received bribe of Rs.1,40,000/- from the supplier in respect of the work relating to construction of well under the MANREGA Scheme. It is further alleged that the petitioner demanded commission against the supply of articles relating to construction of irrigation well and the said bribe amount was paid through banking transaction vide a cheque deposited in the account of the petitioner. It is submitted that the allegation against the petitioner is false. It is further submitted that the petitioner, after joining as Block Programming Officer, MANREGA at Peshrar Block issued direction to all the Mukhiyas and related officials of Panchayat of Peshrar not to make payment of the bills to suppliers/vendors without physical verification of the materials supplied by them. As the suppliers/vendors were not pleased with the aforesaid strong action of the petitioner, hence, after hatching a conspiracy with the help of In-charge of the Establishment Section, MANREGA, Lohardaga, one of the suppliers namely Kamal Sahu was made instrumental to implicate the petitioner in a false case of bribery and accordingly, this case has been registered.

4. It is then submitted that the petitioner accepts that he has received payment of Rs.1,40,000/- from Kamal Sahu through a cheque being badly in in need of money for treatment of his ailing mother. It is further submitted that the services of the petitioner were earlier terminated and in the appeal being preferred by the petitioner before the Divisional Commissioner, South Chotanagpur Division, Ranchi, the said Kamal Sahu gave statement on oath that he has given personal loan to the petitioner for treatment of his ailing mother and he has not given any bribe/ commission to the petitioner. The order of the termination of the services was set aside in Service Appeal No.07 of 2019. Hence, it is submitted that without making proper verification of the facts, the Block Development Officer, Peshrar has lodged this F.I.R., hence, the same be quashed.

5. Mr. Sachin Kumar-learned A.A.G. II appearing for the State vehemently opposes the prayer for quashing the F.I.R. and submits that all the grounds raised by the petitioner are, at best, the defence of the petitioner which can be put forth by the petitioner at the relevant time but certainly none of them amounts to any of the grounds for which the F.I.R. of a case can be quashed more so because there is documentary proof as well as the admission of the petitioner that he has received Rs.1,40,000/- from the supplier Kamal Sahu, who was the supplier. Hence, it is submitted that this petition, being without any merit, be dismissed.

6. Having heard the submissions made at the Bar and after carefully going through the materials in the record, it is pertinent to mention that the grounds for which the F.I.R. can be quashed, has been settled, in the case of State of Haryana and Ors. Vs. Bhajan Lal and Ors. reported in 1992 Supp (1) SCC 335, of course by way of illustration, paragraph-102 of which reads as under:-

102. “In the backdrop of the interpretation of the various relevant provisions of the Code under Chapter XIV and of the principles of law enunciated by this Court in a series of decisions relating to the exercise of the extraordinary power under Article 226 or the inherent powers under Section 482 of the Code which we have extracted and reproduced above, we give the following categories of cas