JUDGMENT :

S. K. SAHOO, J.

The appellant/petitioner Saroj Kumar Misra who was the Executive Engineer, NH Division, Berhampur during the year 2002 to 2004 and then posted as Superintending Engineer, Rural Works, Bhubaneswar at the time of filing of the appeal and has retired on suspension in the meantime, has filed this misc. case under section 389 of Cr.P.C. for suspension of his conviction passed by the learned Special Judge (Vigilance), Phulbani in G.R. Case No. 08 of 2013 (v) (T.R. No.08 of 2013) vide impugned judgment and order dated 13.12.2016 in convicting him under section 13(2) read with section 13(1)(d) of the Prevention of Corruption Act, 1988 (hereafter ‘1988 Act’) and sentencing him to undergo rigorous imprisonment for two years and to pay a fine of Rs.2,000/-(rupees two thousand), in default, to undergo further R.I. for one month.

2. The petitioner Saroj Kumar Mishra along with co-accused Sudarsan Sahani, Prasanta Kumar Patra and Abakash Padhy were charged under section 13(2) read with section 13(1)(d) of the 1988 Act along with offences punishable under sections 420, 468, 201 and section 120-B of the Indian Penal Code on the accusation of misappropriating government mone