Prosecution under Prevention of Corruption Act necessitates timely sanction even post-retirement; undue delay and absence of valid sanction undermine the right to a fair trial.

JUDGMENT :

Chittaranjan Dash, J.

1. The legality, propriety and correctness of the orders dated 02.04.2025 and 04.09.2024 passed by the learned Special Judge, Vigilance, Baripada in the above referred cases. This batch of Criminal Revisions i.e. CRLREV No. 326 of 2025 (Ashok Kumar Das & Pravat Kumar Mishra; VGR 40/2003; impugned order 02.04.2025), CRLREV No. 366 of 2025 (Ramesh Chandra Tripathy & Pravat Kumar Mishra; arising out of VGR No. 30/2003; impugned order 02.04.2025), CRLREV No. 371 of 2025 (Gajendra Mishra; VGR 40/2003; impugned order 02.04.2025), CRLREV No. 372 of 2025 (G. Vishnu Vardhan Rao; VGR 32/2003; impugned order 02.04.2025), CRLREV No. 373 of 2025 (Ramesh Chandra Tripathy & Pravat Kumar Mishra; VGR 32/2003; impugned order 02.04.2025) , and CRLREV No. 670 of 2024 (Ramesh Chandra Tripathy & Pravat Kumar Mishra; VGR 29/2003; impugned order 04.09.2024). In the impugned orders, the learned Special Judge, Vigilance, Baripada was pleased to reject the Petitioners’ applications for discharge after cognizance in the respective VGR cases was taken. Since all these revisions arise out of cognizance orders passed in different vigilance cases relating to the works under the Subarnarekha Irrigation Project, involving substantially similar factual background and common issue, they were heard analogously and are being disposed of by this common judgment.

2. The factual matrix of the cases, in brief, is as follows. Allegations of corruption and procedural irregularities arose in the execution of different works under the Subarnarekha Irrigation Project, Mayurbhanj, particularly in relation to various reaches of the Jambhira Earth Dam. Pursuant to such allegations, separate vigilance enquiries were initiated, during which project documents were seized and scrutinized. The Vigilance Technical Wing conducted inspections between 2000 and 2001 and submitted Technical Inspection Reports pointing out irregularities such as execution of excess quantities beyond the agreement, adoption of higher rates for extra items without prior approval of the competent authority, and release of excess payments. On the basis of these reports, different Balasore Vigilance P.S. Cases were registered between July and September, 2003, namely, VGR No. 29 of 2003; 30 of 2004; 32 of 2003; and 40 of 2003. In each of these cases, the Investigating Officer, upon completion of investigation, submitted a Final Report between 2006 and 2007 recommending departmental action and recovery of excess payments rather than prosecution of the accused persons.

3. In CRLREV No. 326 of 2025 – VGR No. 40 of 2003, the Petitioners Ashok Kumar Das and Pravat Kumar Mishra faced enquiry in respect of the work “Construction of Jambhira Earth Dam from RD 2320 mtr. to 2860 mtr. (extended to RD 3350 mtr.), Reach-III, Agreement No. 2/LCB of 1988-89” under the Subarnarekha Irrigation Project. Allegations were of excess execution and payments beyond the sanctioned scope. The Vigilance submitted a Final Report recommending departmental action and recovery, but by order dated 03.09.2016, the learned Special Judge, Vigilance, Baripada rejected the Final Report and took cognizance under Section 13 (2) r/w 13(1)(d) of the P.C. Act and Section 120-B IPC. The Petitioners’ application for discharge under Section 239 Cr.P.C. was rejected on 02.04.2025.

In CRLREV No. 366 of 2025 – VGR No. 30 of 2003, the Petitioners Ramesh Chandra Tripathy and Pravat Kumar Mishra were implicated in relation to another segment of the Subarnarekha Irrigation Project. Vigilance alleged irregularities in execution