Jharkhand High Court
Yogendra Prasad vs The State Of Jharkhand on 9 May, 2017
Author: Anant Bijay Singh
Bench: Anant Bijay Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 3102 of 2016
Yogendra Prasad ..... Petitioner
Versus
The State of Jharkhand ..... Opp. Party
---------
CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH
---------
For the Petitioner : Mr. Anil Kr. Sinha, Sr. Advocate.
Mr. Lukesh Kumar, Advocate.
For the State : A.P.P.
---------
CAV on: 02/05/2017 Pronounced on: 09/05/2017
Petitioner is apprehending his arrest in connection
with Doranda P.S. Case No. 92 of 2016 dated 01.04.2016,
corresponding to G.R. No. 1904 of 2016, registered under
Sections 467, 468, 470, 409, 419, 420, 34 of the I.P.C.,
lodged on the basis one written report given by Sudesh
Kumar Verma, Under Secretary, Directorate of Employment
and Training, Jharkhand dated 18.03.2016 alleging therein
that Jharkhand Society for Skill development Initiative
Scheme, which is established under the Department of
Labour Employment Training and Skill Development,
Government of Jharkhand, therein one Yogendra Prasad
(petitioner) from the date of its establishment till
06.08.2014, worked as treasurer and one Aamir Sohail, worked as Computer Operator and from 30.08.2012, he was authorized to work in connection to the online portal of providing Vocational Training Provider and secret password was directly given to Yogendra Prasad, who is treasurer of JSSDIS by the Government of India and all the responsibility with respect to the registration of VTP is one Yogendra Prasad and Aamir Sohail. It is further alleged that VTP Evaluation Committee has recommended the training code no. SS202 in favour of Coxtan Administrative & Management College, Dhanbad, but pursuant to conspiracy, Yogendra Prasad and Aamir Sohail get it registered for the course code SS102 in place of SS202 and issued to it for a batch of MAM104 and two batch of BCA104. On the basis of these allegations, the instant case was instituted.
Learned counsel for the petitioner has submitted that petitioner is innocent and falsely implicated in this case and submitted that Government of India has created a -2- portal namely www.sdi.gov.in and about more than 1400 course are provided by the Government of India and all the courses / module with its course code are available at the website of the central government as mentioned above. Vocational Training Provider who are interested in providing training, they have to get themselves registered through the website / portal only and only after proper verification by the Vocational Evaluation Committee headed by the Departmental Secretary and on the inspection report of the Inspector the same get approved. It is also stated that the VTP under the said portal used to generate the bill for which the format is already provided therein and due to typing mistake the training code was mentioned as SS202 to Coxtan Administrative & Management College, Dhanbad in place of SS102 and there is no criminal offence. So, petitioner deserves the privilege of anticipatory bail.
A supplementary affidavit has also been filed on behalf of the petitioner and it has been stated that one Aamir Sohail, who was a computer operator in the office of the petitioner and without the knowledge of the petitioner, the TBN has been issued to the concerned institute without following the due procedure, for which petitioner could not held responsible.
In this case, learned APP opposed the prayer for bail and produced the case diary. From perusal of case diary, para - 4, the I.O. has recorded the subsequent statement of informant, who has supported the case of prosecution. In para-16, I.O. has recorded the statement of Rakesh Kumar Singh and in para-17, statement of Budhdeo Thakur, who have also supported the case as stated in the written report. In para-22, show cause was issued to this petitioner, who submitted his show cause. It transpires that show cause was not satisfactory as due to wrong allotment of the code, the aforesaid college was not registered in MSC104 & MAM104, rather registered in BSC104 for two batches and MAM104 for one batch and they have uploaded in portal wrongly causing loss to the State Exhequer. In para-
-3-40, I.O. has collected the reimbursement made to the different agencies for providing training course and it appears that under Skill Development Initiative Scheme one Universal Infotech 401 Mahalaxmi complex Line Tank Road, Ranchi was provided TBN Code and was paid amount of Rs. 4,28,400/-. Further, different agencies Uttam Institute of Technology, Pithoria was paid Rs. 9,94,650/- through RTGS and Sajjad Institute of Information Technology (SIIT), Tata Road, Kantatoli Chowk, Ranchi, Jharkhand was paid Rs. 2,39,400/- and further one National ITI, Jaridih, Bokaro was paid Rs. 20,45,700/- It appears that huge amount of money has been paid and petitioner was held responsible being the treasurer.
So, taking all these facts and circumstances and also that the investigation of the case is still going on, I am not inclined to admit the petitioner on anticipatory bail. Accordingly, the anticipatory bail of the petitioner is rejected.
Further, it appears that on 17.09.2010, case diary of Doranda P.S. Case No. 92 of 2016 was called for and the matter was fixed for 21.11.2016. Further, on 08.02.2017, express reminder was sent to the court concerned for transmission of case diary and the matter was directed to be listed on 31.03.2017. On 31.03.2017, case dairy was not received and an explanation was called for from the concerned court.
Further, explanation dated 04.04.2017 has been received from the court of S.D.J.M., Ranchi, which reveals that a requisition was sent to the Senior S.P., Ranchi and also to the Officer-in-Charge, Doranda P.S., but the case diary was not sent and further explanation dated 04.04.2017 of Officer-in-Charge, Doranda P.S. reveals that although the reminder bearing Letter no. 117 of 2017 was received on 20.02.2017 in the office of Officer-in-Charge, Doranda P.S., but office clerk did not produce the same before the I.O., so case diary could not be submitted to the Hon'ble Court in time, but it appears that there is serious lapses on part of the Office Clerk of Doranda P.S., So. Sr. -4- Superintendent of Police, Ranchi is directed to look into the matter personally and to take appropriate administrative action against the office clerk posted on 20.02.2017 in the office of Officer-in-Charge, Doranda P.S. and submit a report to this Court within 16 weeks.
Let a copy of order be sent to the court below and also sent to the Senior Superintendent of Police along with explanation submitted by the Officer-in-Charge, Doranda P.S. for taking administrative action and for submission of the report to this Court.
(Anant Bijay Singh, J.) Sunil/