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2012 Supreme(Ori) 322

S.K.MISHRA, V.GOPALA GOWDA
Sadan Nayak – Appellant
Versus
State of Orissa – Respondent


Advocates appeared:
For Petitioners:M/s. Patitapaban Panda, B.B. Mohanty and B.P. Satapathy Government Advocate (for Opp. Party Nos. 1 and 2)
Mr. Srimanta Das (for Opp. Party No.3)
M/s. D.P. Dhal, S.K. Dash, S. Mohapatra, and A.K. Mishra (for opp. party No.4) Mr. Sukanta Kumar Dalai (for Opp. Party No.5)

JUDGMENT

S.K. MISHRA, J. - This is a Public Interest Litigation filed by an Ex-MLA, Nabarangpur and another with a prayer to direct the State Vigilance Authority to initiate criminal proceeding under Prevention of Corruption Act, 1988 against opposite party No.5, who has allegedly misappropriated Government funds as per the suggestion of the Audit Report and to direct the State Election Commission to take immediate steps against opposite party No.5, who has furnished false affidavit, as per the representation dated 19.01.2011 submitted by the petitioner No.1. The petitioners further pray to direct the Centr91 Bureau of Investigation or other independent organization to cause an enquiry to find out the veracity of truth of misappropriation of public fund by the public officer allotted by the Central Government as well as the State Government for the development of K.B.K. district under different scheme.

2. During the years 2005-06 and 2008-09 Government funds were allocated for purchase of cement and rice under different Central Government schemes in connection with developmental work of Nandahandi Block in the district of Nabarangpur. It is alleged that during the said period opposit





















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