Exoneration in a departmental proceeding does not automatically lead to quashing of criminal charges.

JUDGMENT :

1. The instant petition has been filed under Section 482 Cr.P.C. for setting aside the entire criminal proceeding against the petitioner/accused in RC-14(A)/2010-R pending in the court of Special Judge, CBI, Ranchi for the offence punishable under Section 120B read with Sections 420, 465 & 471 of the Indian Penal Code and Section 13(2) read with Section 13(1)(c) of the Prevention of Corruption Act, 1988. (hereinafter referred to as P.C. Act.)

2. The petitioner accused was the project officer at the relevant time and on surprise check conducted by the CBI huge shortage was found between the actual physical stock and the book stock of coal in Central Coal Field Mines.

3. The FIR was registered on 29.06.2010 with regard to coal-shortage in Jharkhand Open Cast Project, Hazaribagh Area of Central Coalfields Ltd., in which the petitioner had been the Project Officer during the year, 2009-10. The instant case was instituted after the joint surprise check conducted by the CBI on 04.02.2010 in Jharkhand Coals Project CCL under Hazaribagh, which disclosed shortage of 30,887.38 metric ton of coal. The total Book Stock of coal on the date of check was 1,87,988.18 metric ton, whereas after the measurement, the physical available stock of coal was found to be only at 1,57,100.8 metric ton. The total value of the shortage as per the current rate was Rs.3,45,93,866/-.

The main allegation is that while preparing contour plan of the heap no.15, ground levels were manipulated, which was approved by Shri Bhagwan Das Yadav, Chief General Manager, CCL, Hazaribagh Area, Charhi without getting the same verified by the Area Surveyor Officer.

It is also alleged that shortage of coal was continuing since long and the accused public servants in pursuance to the criminal conspiracy attempted to conceal the shortage of the coal by preparing manipulated measurement books. It is further alleged that the accused person, in an attempt to make up the shortage of coal, dispatched coal mixed with substantial amount of over burden (rocks, shale etc.).

4. It is stated that Shri. Bhagwan Das Yadav, Chief General Manager, CCL, Hazaribagh Area, Charhi, Vishnu Kumar Agrawal, Santosh Prasad Sarangi and Chandra Bhushan Sahay posted during the relevant periods as Project Officers, Shri Binay Kumar Thakur, Manager while working in their respective capacities were the custodians of the stock and thereby supposed to protect the stock of coal and interest of the department. Under the fraudulent design and attempt to conceal/ cover up the shortage records were recorded and fabricated coal mixed with over burden was dispatched.

5. Shri Probodh Kumar Das, the then Sr. Survey Officer of the Jharkhand Open Cast Project, CCL Hazaribagh Area was supposed to periodically measure the coal stock and prepare the Monthly Coal Stock Measurement Statements, but wrong figures were entered to suppress the shortage of coal in the stock. The above act of deliberate suppression of facts by Shri P.K. Das was actively supported by S/Shri V.K. Agrawal, S.P. Sarangi, C.B. Sahay (petitioner) and B.K. Thakur was in furtherance of criminal conspiracy.

6. After investigation, charge-sheet has been submitted by CBI and cognizance was taken against the petitioner and other accused persons vide order dated 01.06.2012. The petitioner preferred Cr.M.P. No.1290 of 2012 and Cr.M.P. No.1717 of 2012, but both were rejected. Further, the Cr.M.P. No.2322 of 2012 has been preferred, but the judgment has been reserved as the judgment in this case is awaited.

7. The discharge petition was rejected and the petitioner preferred Cr. Revision No.386 of 2018, which was allowed to be withdrawn and liberty was given for raising all these issues before the learned trial court.

8. The grounds for filing the instant Criminal Misc. petition is that a departmental proceeding was initiated on the following memorandum of charges:

“ARTICLE 1 Shri Chandra Bhushan Sahay, General Manager (Mining), while posted and functioning as Proj