Exoneration in departmental proceedings does not automatically lead to discharge in criminal trials; the evaluation for trial must focus on whether sufficient grounds exist for proceeding, not on potential conviction.

JUDGMENT :

Chittaranjan Dash, J.

1. The legality, propriety and correctness of the order dated 24.08.2024 passed by the learned Special Judge (Vigilance), Cuttack in T.R. Case No.21 of 2009, as assailed in CRLREV No.625 of 2024, and the order dated 21.05.2024 passed by the learned Judge, Special Court, Cuttack in same T.R. Case No.21 of 2009, as assailed in CRLREV No.648 of 2024, having been called in question on the same set of facts and arising out of a common chargesheet, has been heard analogously and disposed of by this common order.

2. The background facts of the case are that the Project Director, DRDA, Cuttack, vide Letter No.4073/DRDA dated 03.12.1999, submitted a written report before the Deputy Superintendent of Police (Vigilance Cell), Cuttack, alleging irregularities committed by certain public servants in the execution of plantation work under the Employment Assurance Scheme in Nischintakoili Block during the year 1998-99, involving a total sum of Rs.6,81,000/- sanctioned for miscellaneous tree plantation and avenue plantation, and further alleging misappropriation of the said amount.

Upon receipt of the written report, an enquiry was conducted. In the course of the enquiry, it was revealed that Shri Dayanidhi Rout, ASCO, Kendrapara (while in charge of the office of the ASCO, Cuttack, from 10.05.1999 to 20.04.2000), and Shri Lingaraj Barik, Range Officer, Nischintakoili Soil Conservation Range (from January 1996 till 31.05.2000), along with Govinda Chandra Bhuyan, Deepak Kumar Sahu and Padma Charan Barik, then functioning as assistants under the Employment Assurance Scheme, had violated the guidelines issued by the Ministry of Rural Development, Government of India. It was further found that an amount of Rs.6,81,000/-, allotted through the Plantation Committee of the DRDA, Cuttack, was earmarked for 20 hectares of miscellaneous tree plantation and 12 Running Kilometres (RKM) of avenue plantation in Nischintakoili Block during 1998-99, distributed as follows:

i. 6 RKM avenue plantation from Asureswar to Narendrapur – Rs.2,73,000/-,

ii. 6 RKM avenue plantation from Barapada to Nagaspur – Rs.2,73,000/-, and

iii. Tarata miscellaneous tree plantation over 20 hectares – Rs.1,35,000/-.

The then ASCO, Cuttack, received the entire sanctioned amount through cheques to execute the aforesaid works. However, during a joint inspection by the Assistant Project Director, it was revealed that no plantation work had been undertaken at the approved sites during 1998-99, nor had the unspent amount been refunded despite repeated demands from DRDA authorities for details of the plantation said to have been carried out. It further transpired during enquiry that the approved plantation sites were inspected on 07.12.2001 by the APD (Scheme), DRDA, Cuttack Vigilance Forest Squad, Amin of Salepur Tahasil and officials of the Nischintakoili Soil Conservation Range, namely Lingaraj Barik, Deepak Kumar Sahu and Gobinda Chandra Bhuyan. No plantation was found at the approved sites. The Soil Conservation staff present during inspection stated that Shri Dayanidhi Rout, ASCO, Cuttack, had not entrusted them with any plantation work at those sites during 1998-99, nor was any such work undertaken. Instead, they claimed to have carried out a three-row avenue plantation during 1999-2000 at Demand to Nemal (5 RKM), Natkai to Ramkrishnapur (4 RKM) and Ramkrishnapur (3 RKM), allegedly under the direction of the ASCO, Cuttack, which, according to them, was subsequently damaged during the Super Cyclone of 199