The court quashed the FIR against the petitioner, ruling insufficient evidence for criminal charges and highlighting potential double jeopardy from concurrent civil proceedings under the EPF Act.

JUDGMENT (ORAL)

1. This is an application under Section 482 preferred by the petitioner herein with a prayer to set aside and quash the FIR dated 10.12.2015 filed by the Head of Branch, CBI, ACB, Shillong and upon investigation, a consequent chargesheet dated 31.12.2016 being filed leading to the formal proceeding being CR Case No. 38(S) 2017 now pending before the learned Chief Judicial Magistrate, Shillong with the petitioner herein as the sole accused.

2. Heard Mr. S. Jindal, learned counsel for the petitioner, who has submitted that the background facts and circumstances of the case of the petitioner is required to be placed before this Court to better understand the issues involved.

3. The learned counsel has then submitted that the petitioner herein is the Chairman of M/s Ranger Security and Service Organisation dealing mostly in the area of outsourcing of manpower to various organisation requiring such manpower.

4. North Eastern Indira Gandhi Regional Institute of Health and Medical Sciences (NEIGRIHMS) has floated tender for availing the services of outsource personnel at NEIGRIHMS, Shillong and the petitioner's Organisation being the successful bidder has thereafter entered into an Agreement for Outsourcing Manpower dated 01.01.2012.

5. Pointing out some relevant clauses from the said agreement, particularly clauses 6, 7 and 15 of the same, the learned counsel has submitted that it was agreed that the petitioner/Second Party shall deploy the required manpower of NEIGRIHMS and such manpower shall be the employees of the petitioner/Second Party. It was also incumbent upon the petitioner/Second Party to ensure that due compliance with all statutory obligations under all related legislations including compliance under the provisions of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 (hereinafter referred to as EPF Act) and ESI Act, etc., as far as the said personnel deployed are concerned. At this juncture, the learned counsel has candidly admittedly that the petitioner at the relevant point of time had failed to comply with the conditions and provisions of the EPF Act as far as contribution toward the fund on the part of the employer is concerned.

6. Again, it is submitted that perhaps on some source information or complaint, the respondent/CBI through its official had lodged an FIR No. RC SHG 2015A0005 dated 10.12.2015 under Section 120(B)/420 IPC read with Section 13 (2) and 13(1)(d) of the Prevention of Corruption Act, 1988. In the said FIR it was alleged that one Shri. A.R. Myrthong (A-1), Data Processing Assistant, NEIGRIHMS and Shri. T.S. Syngkon, (A-2) Assistant Account Officer, NEIGRIHMS have entered into a criminal conspiracy with each other and also with Shri. T. Pathaw (A-3), the petitioner herein by abusing their official power/position to fraudulently and dishonestly clear the monthly bills claimed by the accused (A-3), towards deployment of manpower of various categories knowing fully well that many of the employees deployed by A-3 have not registered with EPF and ESI in clear violation of the terms and conditions of the tender agreement and the amount paid by NEIGRIHMS towards wages, causing wrongful loss to the Government of India to the tune of ? 46,79,025/- and corresponding wrongful gain to themselves.

7. On the matter being investigated, the Investigating Officer(I/O) then filed a final report under Section 173 Cr.P.C before the