_________________________________________________________ Date of Hearing: 01.05.2024 : Date of Judgment : 06.05.2024 _________________________________________________________ S.S. Mishra, J. 1. In the present case, the petitioner is an accused in Sambalpur Vigilance P.S. Case No.45 of 2021 corresponding to Vigilance G.R.

Case No.32 of 2021 for the offences under Sections-13(2) r/w Section13(1)(a) of the Prevention of Corruption (Amendment) Act, 2018 r/w Section-409 IPC.

2. Petitioner in the present petition seeks quashing of the entire criminal prosecution initiated against him. The Vigilance case has been registered on the basis of enquiry report of Lokayukta of Odisha. The relevant part of the direction of the Lokayukta of Odisha reads as under:

“The investigating officer in his investigation report has recommended for filing of charge sheet under Section 13(2), read with Section 13 (1) (a) of Prevention of Corruption (Amendment) Act, 2018, and Section 409 of the Indian Penal Code, against Smt. Udian Luha, Ex-

Sarpanch; Sri Bhaktaram Bariha, Ex-Panchayat Executive Officer and Sri Ashis Kumar Debata , Ex-Gram Rozgar Sevak of Guderpali Gram Panchayat for the misappropriation of government money amounting to Rs.4,74,761/- (Rupees four lakh seventy-four thousand seven hundred sixty one). On a careful examination of the entire material placed before us, we are of the considered view that there is sufficient evidence against Smt. Udian Luha, Sri Bhaktaram Bariha and Sri Ashi Kumar Debata regarding the misappropriation of government money, making them liable for prosecution for offences under Section 13 (2), read with Section 13 (1) (a) of Prevention of Corruption (Amendment) Act, 2018, and Section 409 of Indian Penal Code.

Accordingly, we accord permission and direct the Director, Vigilance, Odisha to file the charge sheet through the investigating officer before the Special Court (Vigilance), Sambalpur under the supervision of the Director of Prosecution to Lokayukta, Odisha.”

3. The allegation against the petitioner is that he was working as GRS in Guderpali Gram Panchayat of Bargarh district. Two cheques, i.e. one cheque of Rs.1,89,000/- dated 31.07.2019 and another cheque of Rs.12,000/- dated 11.07.2019 were deposited in the account of the petitioner. The said money was meant for making payment to the beneficiaries of the MGNREGS workers.

4. It is alleged that the present petitioner, in connivance with the Sarpanch and the Executive Officer of the Block and other officials have misappropriated the funds meant for MGNREGS workers.

5. The Block Development Officer, Gaisilet, vide its letter dated 17.03.2021 sought explanation from the petitioner. In response to the said, the petitioner vide its explanation dated 20.03.2021 submitted that everything has been done at the instance of the PEO and the Sarpanch. He offered the following explanation : <br/>

“In this connection, it is respectfully submitted that, I being a GRS, is duty bound to look after the MGNREGA works. Therefore, Check No.645925 Dt. 01.08.2019 for an amount of Rs.1,89,000/- should not have been deposited in my account. However, I withdrew the said amount phasewise as per the directions of the PEO and Sarpanch because, they made me to understand that, as per my appointment letter, it has been stipulated that, my designation is ‘Multi-Purpose Assistant (GRS)’ and that, according to Point No.20 at Page-3 of the Job Chart for a GRS, it has been stipulated that, a GRS has to obey the directions of the BDO-cum-Program Officer, Sarpanch and Panchayat Executive Officer. Accordingly, I being a low paid employee and my service is placed under their disposal, I had no other option than to carry out their directions.”

6. It appears that on the basis of the complaint dated 17.03.2021 filed by the mother of the petitioner, a complaint case was regis