JUDGMENT :

1. Heard Mr. Himanshu Raghave, learned counsel for the accused-applicant, as well as Mr. Anurag Kumar Singh, learned counsel for the respondent -Central Bureau of Investigation (hereinafter referred to as the "CBI") and gone through the record.

2. The present application under Section 482 CrPC has been filed for quashing of the proceedings in Criminal Case No.342/2015, arising out of CBI Case No.RC0062014A007, under Sections 120-B IPC read with Sections 409, 420, 468 and 471 of the Indian Penal Code, 1860 (hereinafter referred to as the "IPC") and Sections 13(2) read with Sections 13(1)(d) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the "PC Act") (State Vs. Jairam Lal Verma and others), pending in the Court of learned Special Judge, A/C, CBI, Court No. 5, Lucknow.

3. Writ Petition No.12802 (M/B) of 2011 came to be filed by one public spirited person, Mr. Sachchidanand Gupta, alleging therein large scale financial bungling, gross irregularities and misappropriation of Mahatma Gandhi National Rural Employment Guarantee Scheme (hereinafter referred to as the "MNREGS") funds in several districts, including Mahoba by Block Development Officers of four blocks, namely, Charkhari, Kabrai, Jaitpur and Panwari in connivance with the officers/officials of Government of Uttar Pradesh and M/s Aman Enterprises, Lucknow. It was held that M/s Aman Enterprises, Lucknow supplied 247 canvas movable work-sheds wroth Rs. 46,95,964/-@ Rs. 19,012/-which was at exorbitant price in four blocks of district Mahoba and thereby a huge wrongly pecuniary loss was caused to the government exchequer and corresponding gain to the government officials and private agencies during the period 20072008 and 2009-2009.

4. This Court, vide order dated 31.01.2014, directed the CBI to register a case and investigate the offence. Pursuant to directions of this Court, the FIR in question came to be registered by the CBI.

5. During the course of investigation, the CBI found that the accused-applicant, who was posted as Chief Development Officer in District Mahoba (since retired), while functioning on the said post, entered into criminal conspiracy with co-accused, Raj Kamal Goyal, a private person, Anil Kumar Jaiswal, the then Regional Manager, Uttar Pradesh Upbhokta Sahkari Sangh Limited (hereinafter referred to as the "UPUSSL"), Lucknow Regional Office, Lucknow with an object to cheat the government of the funds allocated under the MNREGS and in furtherance of the said conspiracy, they caused loss to the government exchequer to the tune of Rs. 11,15,340/-

6. The CBI, in its investigation, further found that canvas movable worksheds form part of work-site facilities which were to be provided by various executive agencies at the place of execution of works to give shade to the labourers as per para 3.4.1 of Notification No.107/38-7/2006-8 NREGA dated 08.02.2007 issued by Rural Development Section-7 of Government of Uttar Pradesh. These canvas movable worksheds should have been purchased by respective end user agencies i.e. gram panchayats. The order dated 01.08.2008 issued by the Government of Uttar Pradesh specifically prohibited district authorities from making centralized purchase of such items.

7. Investigation, by the CBI, further revealed that the UPUSSL is a cooperative firm established under the Uttar Pradesh Co-operative Societies Act, 1965, now registered under Multi State Cooperative Societies Act, 2002 had issued circular from time to time to lay down general guidelines and circulars. Directions were issued by UPUSSL, Head Office, Lucknow vide Circular dated 21.12.2006 regarding supply of different materials from branches/depot of UPUSSL of entire Uttar Pradesh.

8. It is important to note that District Mahoba does not fall under the Lucknow Regional Office of UPUSSL. The CBI, in its investigation, found that the Regional Branch of UPUSSL, situated at Lucknow, in contravention to above noted Circular dated 21.12.2006, suo moto