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2016 (5) TMI 1568 - SUPREME COURTWorks contract - Framing of charges against the accused persons - allegation is that the false stage certificate was issued as 25% of the work had not been completed - HELD THAT:- It is not in dispute that two works were awarded to A-3: one was known as "JRY-consignment semi permanent building in Vandiperiyar" and other was known as "JRY-construction of permanent building in Vandiperiyar". In the present case, we are concerned with release of payments to A-3 in respect of second work contract. As is clear from the nomenclature of these two contracts, they were under JRY. The Commissioner, Village Development, Thiruvananthapuram had issued Circular No. 14514/J.R.Y. 1/91/C.R.D. dated 23.04.1991 which prescribes the procedure for implementation of JRY and contains certain suggestions. The prosecution has sought to cover the case of the Appellant under Sub-clause (ii) and not under Sub-clause (i) and Sub-clause (iii). Insofar as Sub-clause (ii) is concerned, it stipulates that a public servant is said to commit the offence of criminal misconduct if he, by abusing his position as a public servant, obtains for himself or for any other person any valuable thing or pecuniary advantage - It was not even the case set up by the prosecution that Appellant had taken that money from some person and had obtained any pecuniary advantage thereby. It was the obligation of the prosecution to satisfy the aforesaid mandatory ingredients which could implicate the Appellant under the provisions of Section 13(1) (d)(ii). The attempt of the prosecution was to bring the case within the fold of Clause (ii) alleging that he misused his official position in issuing the certificate utterly fails as it is not even alleged in the chargesheet and not even iota of evidence is led as to what kind of pecuniary advantage was obtained by the Appellant in issuing the said letter. In C. CHENGA REDDY AND ORS. VERSUS STATE OF ANDHRA PRADESH [1996 (7) TMI 596 - SUPREME COURT], this Court held that even when codal violations were established and it was also proved that there were irregularities committed by allotting/ awarding the work in violation of circulars, that by itself was not sufficient to prove that a criminal case was made out. The prosecution has miserably failed to prove the charge beyond reasonable doubt and the courts below have not looked into the matter in a proper perspective - the Appellant is already on bail. His bail bonds shall stand discharged - appeal allowed - decided in favor of appellant.
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