CUTTACK: The Orissa High Court discharged a former junior engineer in an alleged misappropriation case recently as no charges had been framed even after 31 years.
On February 2, 1993, the state Vigilance had registered the case against Nandakishore Pal in connection with sinking of shallow point tube wells (SPTWs) in the Raghunathpur block of Jagatsinghpur district. Pal was alleged to have misappropriated Rs 1.47 lakh subsidy money sanctioned for sinking of SPTWs against 49 beneficiaries by producing fake cash memos regarding the purchase of materials and furnishing false installation completion certificates.
On August 18, 2014, a Special Vigilance Court was directed to frame charge against Pal under different sections of the Indian Penal Code for criminal breach of trust, cheating, forgery, and fraud. Pal filed challenged it in the high court on September 18, 2014.
The single-judge bench of Justice Gourishankar Satapathy quashed the vigilance court order on February 27, 2024. “If the system is unable to provide the right to speedy trial and more particularly in this case, when the trial has not begun even after 31 years of the alleged incident by framing charge, it can be reasonably said that there is no ground for presuming the petitioner to have committed the offence,” Justice Satapathy ruled.
“Accordingly, this court considers it fit to discharge the petitioner for the commission of the offences under IPC,” Justice Satapathy observed, adding, “The right to speedy trial of the petitioner as guaranteed under the Constitution was thwarted as the charge was yet to be framed, even after 31 years of the alleged occurrence.”
Meanwhile, the junior engineer retired as executive engineer of Cuttack Municipal Corporation in April last year. He has since been re-engaged in the same post.