Advocates:
['VISHAL KUMAR', '', 'RAHUL KUMAR', 'APOORVA SINGH', 'RANJAN KUMAR', 'TRIPATI NATH VERMA', '', 'NIKI SINHA']

IN THE HIGH COURT OF JHARKHAND AT RANCHI

Cr. Rev. No. 470 of 2019

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Maheshwar Prasad Mishra

…. …. Petitioner(s).

Versus

State of Jharkhand through Vigilance, Ranchi

…….. Opp. Party(s)

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CORAM : HON'BLE MR. JUSTICE ANANDA SEN.

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For the Petitioner(S) : Mr. Rahul Kumar, Advocate

For the ACB

: Ms. Niki Sinha, Advocate

15/10.06.2022

Heard the counsel for the parties.

2.

Petitioner initially challenges the order dated 26.3.2019 passed by the

Special Judge, ACB, Ranchi in Vigilance (Spl.) Case No. 25(A)/2009 by which

his discharge application was dismissed. Thereafter charge was framed. The order

framing charge dated 5.7.2019 has also been challenged.

3.

Counsel for the petitioner submits that from bare perusal of the FIR,

charge-sheet and also from the case diary, there are no materials to attract Section

406, 420, 408, 409, 120B IPC and Section 13(2) read with Section 13(1) (d) of

the Prevention of Corruption Act, 1988, so far as this petitioner is concerned, thus

petitioner ought to have been discharged. As per him, at best the case would have

been for negligence in performing official duty. A departmental proceeding was

al