Exoneration on merits in departmental proceedings prohibits continuation of identical criminal charges due to abuse of process.

JUDGMENT :

S. K. SAHOO, J.

This is an application under section 482 of the Code of Criminal Procedure filed by the petitioner Satyashri @ Satyashree Mohapatra with a prayer to quash the criminal proceeding in G.R. Case No.2141 of 2020 which arises out of Hirakud P.S. Case No.145 of 2020 pending in the Court of S.D.J.M., Sambalpur so also the order of taking cognizance dated 13.04.2021 for the offence under section 409 of the Indian Penal Code.

2. On 13.06.2020 on the first information report submitted by one Birendra Kumar Nayak before the Inspector in- charge of Hirakud police station, the aforesaid Hirakud P.S. Case No.145 of 2020 was registered under section 409 of the Indian Penal Code against the petitioner and one Lalit Kumar Dandsena. It is stated in the first information report that the petitioner, who was a Graduate Engineer (Mechanical) in the office of the Superintending Engineer, Mechanical Circle (MED.I.P), Hirakud was in additional charge of the Stores Sub-Division Nos. I & II and Workshop Sub-division of the office of the Executive Engineer, Mechanical Division, Hirakud for the period from 22.08.2011 to 24.10.2014. A petition dated 01.09.2015 was filed by nine numbers of employees of Mechanical Division, Hirakud containing allegations of misappropriation of 928 meter 10mm dia copper wire from the mechanical store premises and basing on such petition, enquiry was conducted by the Superintending Engineer, Mechanical Circle (MIP), Hirakud and findings were given that the petitioner dismantled the copper wire through the co-accused Lalit Kumar Dandsena, Chowkidar of the stores and taken away the same. It is further stated in the first information report that as per the instruction of the Engineer-in-Chief, Water Resources, Odisha, another enquiry was conducted by the Chief Engineer & Basin Manager, Upper Mahanadi Basin, Burla and in his report, it was recommended for fixation of responsibility on the petitioner and to impose penalty for misappropriation of Government property with recovery of the cost for 650 kg. of copper. The Chief Engineer & Basin Manager, Upper Mahanadi Basin, Burla also ascertained the cost of copper wire, which came to Rs.2,88,600/- (rupees two lakhs eighty eight thousand six hundred).

After registration of the F.I.R., investigation was carried out and during the course of investigation, statements were recorded, documents were seized and it was found to be a true case under section 409 of the Indian Penal Code against the petitioner. As prima facie evidence under section 409 of the Indian Penal Code was found against the petitioner, charge sheet was submitted under the said offence against him on 31.03.2021 and on the basis of such charge sheet, the learned S.D.J.M., Sambalpur took cognizance of the offence under section 409 of the Indian Penal Code against the petitioner as per the impugned order dated 13.04.2021.

3. Learned counsel for the petitioner contended that for the self-same accusation, the petitioner faced departmental proceeding and the Enquiry Officer as per his report dated 09.07.2021 opined that the very existence of copper wire turns out to be doubtful and the allegations appear to be an act of revenge to malign the image of the delinquent officer (petitioner) and concluded that the charges are not established against the petitioner and recommended that he should be exonerated of all the charges. After careful consideration of the written statement of defence, representation of the delinquent officer (petitioner), findings of the Enquiry Officer, the views of the Engineer-in- Chief -cum- Special Secretary to the Government, Internal Vigilance, Department of Water Resources and the documents, the disciplinary authority also exonerated the