At the charge framing stage, the court evaluates only prima facie evidence, not the merits of a defense; if sufficient grounds exist, charges proceed.

JUDGMENT :

Chittaranjan Dash, J.

1. By means of this application, the Petitioners seek to quash the order dated 02.08.2025 passed by the learned Special C.J.M. (Vigilance), Bhubaneswar in V.G.R. No. 70 of 2016, whereby the charge-sheet was issued against them vide Vigilance Cell P.S. C.S. No. 22 dated 14.11.2023 under Sections 193 /200/420/34 of the INDIAN PENAL CODE .

2. The background facts of the case are that on the allegation of irregularities in the allotment of land/ flats/ houses in Bhubaneswar and Cuttack, the Government of Odisha was pleased to constitute a Task Force under the chairmanship of the then Additional Chief Secretary, Revenue and Disaster Management Department, on 02.08.2014. The Committee submitted its recommendations on 03.11.2014. Thereafter, the Government, vide Order No. 11084(5)/GAD-CA(IV)-Misc.1/144/2014 (Pt.I) dated 06.05.2015, communicated the modalities for implementation of the recommendations of the Task Force regarding allotment of plots/flats/houses at Bhubaneswar and Cuttack. In the said order, the General Administration Department (Vigilance) was directed to enquire into cases of multiple allotments. Accordingly, a Vigilance enquiry was initiated.

3. During enquiry, it was ascertained that one Sri Sarat Kumar Nayak, S/o Nrusingha Charan Nayak, of At/P.O.–Mula Basanta, District–Cuttack, had submitted an application before the Orissa State Housing Board, Bhubaneswar, on 14.10.1998 for allotment of a house under the H.I.G. Core Housing Scheme, Kanan Vihar, Phase–II, Bhubaneswar. At the time of submission of the application, he had declared that he agreed to abide by the terms and conditions contained in the brochure. After scrutiny of his application, House No. 82 was provisionally allotted in his favour on 11.12.1998, and finally allotted on 07.01.1999 by the Orissa State Housing Board, Bhubaneswar. Subsequently, on 24.02.2003, Smt. Sukhalata Nayak, W/o Sarat Kumar Nayak, submitted an application before the Orissa State Housing Board, Bhubaneswar, for allotment of an H.I.G. plot at Nandan Enclave, Kalarahanga, Bhubaneswar. At the time of submission, she too declared that she agreed to abide by the terms and conditions contained in the brochure. Petitioner No. 2, Smt. Sukhalata Nayak, also swore an affidavit before the Executive Magistrate, Bhubaneswar, on 24.02.2003, stating therein that neither she nor her family members owned any house/shop/residential plot within any scheme area of the municipality. Considering her application, the Orissa State Housing Board, Bhubaneswar, allotted Plot No. HIG (P)-08 in her favour on 24.08.2010, and she has been in possession of the said plot since then. It was, however, revealed that Smt. Sukhalata Nayak (Petitioner No. 2) had made a false declaration in her application and affidavit, using such declaration as true, knowing fully well that it was false. She thereby obtained allotment by suppressing the fact of the earlier allotment and possession of House No. 82 under the H.I.G. Core Housing Scheme, Kanan Vihar, Phase-II, Bhubaneswar, in favour of her husband.

The enquiry further revealed that certain officials of the Orissa State Housing Board, Bhubaneswar, intentionally and in connivance with Petitioner No. 2, recommended the allotment of the plot and omitted to verify whether any previous allotment existed in the name of Smt. Nayak or her family members, thereby abusing their official position and showing undue favour, which resulted in the allotment of Plot No. HIG (P)-08 at Nandan Enclave, Kalarahanga, Bhubaneswar, depriving a genuine applicant.

4. A report to that effect was submitted by the D.S.P., Vigilance, to the S.P., Vigilance, Cuttack, recommending