The absence of prior sanction for prosecution and inordinate delay in proceedings violate the right to a speedy trial, rendering the case against the petitioner unsustainable.

JUDGMENT :

S.S. Mishra, J.

The present Criminal Revision Petition has been filed under Section 397 read with Section 401 of the Code of Criminal Procedure , 1973, assailing the order dated 04.09.2024 passed by the learned Special Judge (Vigilance), Baripada in VGR Case No. 29 of 2003, arising out of Balasore Vigilance P.S. Case No. 29 of 2003. By the impugned order, the learned Special Judge rejected the petitioner's prayer for discharging him from offences under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act , 1988 (as it stood prior to amendment) read with Section 120-B of the Indian Penal Code , 1860.

2. Heard Mr. D.P. Dhal, learned Senior Advocate, appearing for the petitioner and Mr. Sangram Das, learned Standing Counsel (Vigilance) appearing for the opposite party-State.

3. The present revision petition arises out of VGR Case No. 29 of 2003, which emanates from the allegations of irregularities in the tendering and execution of a government contract related to the construction of the “Jambhira Earth Dam from RD 4200 Mtr. to 4500 Mtr. (Reach-IV) with stepped Spillway” under the Subarnarekha Irrigation Project, Baripada. The Vigilance Department, Odisha, initiated an inquiry into the matter, following complaints regarding procedural lapses, financial irregularities, and unauthorized modifications in contract terms. The inquiry revealed that certain tenders had been approved at inflated rates, deviations were made from the original agreement terms without obtaining necessary sanctions, and payments were released in excess of the permissible limits, allegedly causing undue financial loss to the government exchequer.

4. The petitioner, a former government official who was involved in the administrative process of the project, was not named in the initial First Information Report (FIR) filed by the Vigilance Department. However, upon completion of the investigation, a charge sheet was filed implicating him under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act , 1988 (as it stood prior to amendment), along with Section 120-B of the Indian Penal Code , 1860.

5. Following the investigation, the prosecution initially submitted a Final Report (FRT) on 08.08.2006, recommending departmental action instead of criminal prosecution against the petitioner. However, no further action was taken against the petitioner for over a decade by the court of learned C.J.M., Baripada. In obedience to the Hon’ble Court’s letter no. 5181, dtd. 26.06.2013, the case record is transferred to the Court of Addl. District and Sessions Judge-cum-Special Judge (Vigilance), Baripada for disposal of the case in accordance with law. The learned Special Judge (Vigilance), Baripada, took cognizance of the offences on 02.09.2017 on the final closure report of the I.O. The petitioner had already retired from government service in 2009, and at no stage during his tenure of service sanction was sought from the competent authority for his prosecution.

6. The petitioner filed an application before the learned Special Judge (Vigilance), Baripada, seeking discharge on multiple grounds, including the absence of sanction under Section 19 of the Prevention of Corruption Act , the inordinate delay in taking cognizance, and the lack of any evidence demonstrating criminal intent. However, the learned Special Judge, by order dated 04.09.2024, rejected the discharge application, holding that a prima facie case has been made out against the petitioner. Aggrieved by the said order, the petitioner has approached this Court invoking revisional jurisdiction of this Court.

7. Mr. Dhal, learned Senior Advocate appearing for the petitioner, has vehemently argued that the impugned order suffers from legal and procedural infirmities and has resulted in grave injustice to the petitioner. It is submitted that the petitioner was merely an administrative officer carrying out official duties in accordance with the directives of his superior of