GUWAHATI, India, June 24 -- Gauhati High Court issued the following order on May 26:
1. Heard Ms. M. Kumari, learned counsel for the petitioner. Also heard Mr. B.K. Singh, learned Standing Counsel, FCI, for respondents.
2. By filing this writ petition, the petitioner has put to challenge the Memorandum dated 08.12.2023 issued by the Executive Director (NE) Food Corporation of India, Zonal Office (NE), Guwahati, whereby the respondent authorities have proposed to hold an enquiry against the petitioner on the allegation of charges for demanding illegal gratification of Rs.1,30,000/- (Rupees One Lakh Thirty Thousand only) and caught red handed by CBI on 08.09.2023 while accepting bribe of Rs.20,000/- from Sri Pankaj Pawan Nath in lieu of processing and clearing payment of bills amounting to Rs.1,33,398/- against hiring of Generator Set by Food Corporation of India (in short FCI) as well as for not creating any problem in clearing future bills. The petitioner has also prayed for a direction not to proceed further in the departmental enquiry pursuant to the aforesaid Memorandum dated 08.12.2023 till final outcome of the Criminal Trial in Special Case (CBI) No.01/2024 pending before Special Judge, CBI, Kamrup (M) Guwahati.
3. The brief facts of the case are that the petitioner was appointed as Assistant Grade-III(A/CS) in FCI vide order dated 24.09.2009. He was promoted to Manager (Accounts) in which post he is serving at FCI, Divisional Office, Tezpur since 15.07.2022. On 08.09.2023, a case was registered against the petitioner under Section 7 of the Prevention of Corruption Act, 1988 pursuant to a written complaint/FIR dated 07.09.2023 filed by one Sri Pankaj Pawan Nath, alleging that the petitioner demanded illegal gratification of Rs.1,30,000/- for clearing bills and for not creating any problem for processing and paying future bills. Accordingly, a trap was laid to apprehend the petitioner red handed for accepting the illegal gratification from the complainant. The petitioner was arrested on 08.09.2023 on having been alleged to have been caught redhanded while accepting Rs.20,000/- and he was placed under suspension by an order dated 12.09.2023. On being released on bail vide order dated 08.12.2023, the suspension of the petitioner has been revoked with immediate effect without prejudice to the disciplinary proceeding that may be initiated in future.
4. The allegation leveled against the petitioner is that the petitioner has demanded a sum of Rs.1,30,000/-from the complainant for clearing his bill dated 04.09.2023 for Rs.1,33,398/- pertaining to hiring of Generator Set by FCI for the month of July, 2023. It is further alleged that the petitioner has demanded undue advantage for not raising any objection in other bills of the complainant pertaining to hiring of vehicles which are yet to be submitted by the complainant for aforesaid purpose and upon negotiation, petitioner agreed to accept Rs.90,000/- in installments from the complainant. The case was investigated by the C.B.I and accordingly chargesheet was filed vide Chargesheet No.06/2023 dated 04.11.2023. After the submission of the chargesheet in the Court of Special Judge, CBI, a parallel departmental inquiry by the respondent department was initiated.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqO8aHjQiOaXcTXGdr6XA8dpGSskyCyeItK5UmpyDKjDJ&caseno=WP(C)/2521/2024&cCode=1&cino=GAHC010094802024&state_code=6&appFlag=)
Disclaimer: Curated by HT Syndication.
