The accused public servant’s demand for bribe through a co-accused constituted a prima facie case under the Prevention of Corruption Act, despite being absent during the bribe exchange.

Judgment :

Savitri Ratho, J.

1. This CRLMC has been filed for quashing the order dated 11.02.2025 passed in V.G.R. Case No. 04 of 2021 by the learned Special Judge (Vigilance), Sundargarh taking cognizance of offences punishable under Sections 7 and 12 of the Prevention of Corruption Act (in short “the P.C. Act”) and issuing notice to the petitioner for commission of offence under Section 7 of the P.C. Act.

BRIEF FACTS

2. Written report was submitted by Narayan Bagh, Headmaster of Sahaspur Primary School, Sundargarh on 03.03.2021 before the S.P. Vigilance, Rourkela Division stating that the Petitioner who was posted as Block Education Officer, Hemgir Block and co-accused Biranchi Khilei who was posted as Jr. Asst. in that office were harassing him and demanding illegal gratification of Rs. 35,000/- for not having submitted 'utilization certificate' relating to expenditure of funds from the Block Education Officer (in short “the BEO”)B.E.O's office under various government schemes at the end of each fiscal year when during 2005-2012. The informant who was posted as Headmaster of Kutabaga Primary School stated that the Petitioner had called him to his office in January and told him that utilization certificates for the year 2010 were pending with him and instructed him to submit it early. The informant verified all documents and submitted a utilization certificate for Rs. 2200/- (Rupees Two thousand & two hundred only) in February, 2021. After receiving it, the Petitioner accused the informant of negligence saying that as the certificate was pending since long, a departmental proceeding would be initiated against the informant. He demanded a bribe of Rs. 50,000/- for not taking any action against the informant. On 03.03.2021, the petitioner called him to the B.E.O office and threatened to suspend him, if he did not pay the amount. After many requests, he asked the informant to contact Clerk Biranchi Khilei, who had been instructed and to make payment of at least Rs. 35,000/- to him to 04.03.2021. The informant contacted co accused Biranchi Khilei who told him that the petitioner had told him and that the informant should make the payment to him the next day near Garjanbahal Chhaka, when he would be coming to the Hemgiri BEO Office. The informant thereafter approached the Superintendent of Police Vigilance on the same day, i.e 03.03.2021 with his complaint and the SP Vigilance directed the OIC Vigilance Police Station, Rourkela Vigilance Division to register a case. The DSP Vigilance was directed to investigate into the case. FIR was registered on 03.03.2021 and Rourkela Vigilance P.S. Case No 4 of 2021 against the petitioner and co accused Biranchi Khilei under Section 7 and 12 of the P.C. Act.

3. A trap was laid by the Trap laying Officer (in short “the T.L.O.”) where informant produced seventy currency notes of Rs. 500/- denomination each, in presence of trap witnesses which were treated with phenolphthalein powder and handed over to the informant with advice to give a signal by brushing his head with both his hands after the transaction was over. Preparation was over at 7.15 am, on 04.03.2021. At 07:15 am, the trap party left for Garjanbahal Chhaka and took up their positions. At about 09:20 am, co-accused Biranchi Khilei reached the spot on a motorcycle. After a discussion with the informant he left. He was followed by the trap party and at Durubaga Chhak, co-accused stopped and signaled to the informant to stop. The informant Narayan Bagh went to him. On receiving the pre-arranged signal from the informant, the trap party surrounded the co-accused who confessed about the entire arrangement as agreed between him, the