JUDGMENT :

Alok Kumar Verma, J.

The applicant-accused Dr. Mirtunjay Kumar invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “the Code”), to quash the charge-sheet dated 28.02.2019, summoning order dated 02.03.2019, and the entire proceedings of the Special Sessions Trial No.01 of 2019, “State vs. Mirtunjay Kumar Mishra” pending before the learned Special Judge, (Vigilance), Dehradun, arising out of the Case Crime No.09 of 2018, under Sections 120B, 420, 467, 468, 471 of the IPC and Section 13(1)(a) (c) (d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (in short, “the Act”, 1988).

2. Facts, to the limited extent necessary, are that the applicant was holding the post of Registrar of the Uttarakhand Ayurvedic University, Dehradun (in short, “the university”). The then Vice-Chancellor of the university, by his letter dated 14.06.2018, addressed to the Chief Minister, along with preliminary enquiry report, recommended for conducting enquiry against the present applicant in relation to allegations of financial irregularities, committed by the applicant during his tenure to the post of Registrar of the university for the period between 2013 to 2017. On 16.11.2018, the Additional Chief Secretary of the State Government recommended for registration of FIR and investigation of the matter. Mr. Prakash Singh, Inspector Vigilance, conducted open vigilance enquiry. After enquiry, he lodged the First Information Report on 17.11.2018 against the applicant and co-accused persons. After completion of the investigation, charge-sheet is filed.

3. During the investigation, evidence are produced to the effect that during his tenure, the applicant appointed his real brother’s wife illegally. He had received reimbursement by showing falsely rail and air travel. He had illegally bought computers and electronic items for the university from M/s Amazon Automotion (Dehradun) and M/s Creative World Soluting (Dehradun). The owners of these firms are close to the applicant. The place where these firms were shown to be working was the private residence of the applicant. The bank accounts of these firms were opened fraudulently. The bank accounts of these firms were operated by the applicant and money from these bank accounts was received by the applicant.

4. Subsequent to the submission of the charge-sheet, the learned Special Judge (Vigilance), Dehradun took cognizance and passed the impugned summoning order dated 02.03.2019 against the applicant under Sections 120-B, 467, 468, 471, 420 IPC and Section 13 (1) (a) (c) (d) read with Section 13 (2) of the Act, 1988.

5. Heard Mr. Karan Anand, the learned counsel for the applicant and Mr. P. S. Uniyal, the learned Brief Holder for the State through video conferencing.

6. Mr. Karan Anand, the learned counsel for the applicant submitted that the applicant was holding the post of Registrar of the University at the relevant time and was in no manner entrusted with the job of procuring/purchasing the various articles/instruments, required by the University which were supplied by the various vendors/suppliers of the University prior to the posting of the applicant. There were prescribed procedures for purchasing any article under the prescribed Rules i.e. Uttarakhand Procurement Rules, 2008. According to the Rules, a Purchase Committee was constituted and approved by the Vice-Chancellor of the University. Awarding of contract was between Vice-Chancellor and Vendors. Professor S.P. Mishra, Vice-Chancellor, who was Chief Executive Officer of the University, awarded all the contract to the vendors and orders were issued as per his approval/direction and he was responsible for all works in University as per provisions of the Uttarakhand Ayurved University Act, 2009.

7. The learned counsel for the applicant further submitted that the matter of bill payment of contract was between Finance Controller and Vendors. The Finance Contr