1 THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A.No. 654 of 2016 Yadvendra Singh ..... Petitioner Versus The State of Jharkhand through Vigilance .... Opposite party --------- CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH --------- For the Petitioner : Mr. Rajeev Ranjan, Sr. Adv. For the Vigilance : Mr. Nilesh Kumar, adv. --------- C.A.V. on 02.08.2017 Pronounced on 09 /08/2017 The petitioner is apprehending his arrest in connection with Vigilance P.S.Case No.43/15, registered under Sections 406, 467, 468, 409, 420, 120B,407 of the IPC and Section 13(2) read with Section 13(1)(C)(D) of Prevention of Corruption Act, pending in the court of Special Judge, Vigilance, Ranchi. (2) The brief facts of the case is that on the basis of written complaint given by one Pramod Kumar Sinha, Executive Engineer, Rural Work Department, Work Division, Ramgarh, the present case has been lodged alleging therein that after his transfer, Yadvendra Singh, petitioner the then Executive Engineer, Rural Works Department, Work Division, Ramgarh cum Executive Engineer NREP has not handed over the charge. It has further alleged that Executive Engineer NREP and Executive Engineer REO was allotted an amount of Rs.13,21,17,356/- and Rs. 10,75,81,800/- under the MLA Head, Chief Minister Development Scheme, M.P. Schemes, Educational Department Schemes, Welfare Department Schemes, Health Department Schemes and Art and Culture Department Schemes. (3) It has alleged that total amount of Rs.23,96,99156/- was allotted under different schemes for Ramgarh District and as per the cash book of IAP, the petitioner has not rendered account of Rs.2,76,43,692/-. (4) It is further alleged that after deputation, the petitioner had returned total amount of Rs.52,46,385/- and after returning the said amount i.e. Rs.2,23,97,307/- is still pending and similarly an amount of Rs.10,20,000/- is also due against the petitioner, which was allotted to him for construction of 2 Bharat Mata Kalyan Mandap. (5) It is further, alleged that prima-facie the petitioner along with other co-accused have committed misappropriation of government money of Rs.2,23,97,307 and Rs.10,20,000/- by abusing his official position. On the basis of the aforesaid facts the present case has been registered. (6) Learned counsel for the petitioner has submitted that when the petitioner was posted in Ramgarh, only one Executive Engineer, one Assistant Engineer and three Junior Engineer were posted in Rural Work Department but under the NREP Scheme there was no Assistant Engineer and Junior Engineer in Ramgarh District. (7) It is further submitted that apart from the State Schemes as mentioned in the F.I.R some work was also allotted to the petitioner with regard to Central Schemes. . That the petitioner being the Executive Engineer of Ramgarh District has released amount to the Assistant Engineer and Junior Engineer under different schemes as advance for work but they have not submitted their accounts with regard to previous advance amount taken by them and again they demanded amount in writing from the petitioner for making payment to the labourer and cost of materials which the petitioner couldn't deny. (8) That since there was no staff in NREP in Ramgarh District and as such in that circumstances the petitioner had no option but to take work from the staff of Rural work Department, Ramgarh. (9) That the advance amount was released by the petitioner to the Assistant Engineer and Junior engineer and thereafter the work under different schemes started and it was in full swing. However when the present petitioner asked the Assistant Engineer and Junior Engineers to submit their accounts of the amount taken by them as advance, they replied that the account is getting prepared and again and again they have asked for amount on the pretext to pay cost of materials and payment of labourer with an intimation that if the payment is not given to labourers then they will encircle the head quarter and as in that condition the petitioner under compulsion 3 and pressure released advance amount to the Assistant Engineer and Junior Engineers. (10) That in spite of repeated direction by the petitioner, the Assistant Engineer and Junior Engineers have not submitted their account and information with regard to same has been communicated to the then Deputy Commissioner of Ramgarh District in every monthly meeting. (11) That the details of the amount released by the petitioner to the Assistant Engineer and Junior Engineer in different schemes is as follows:- Scheme of Health Department:- for the construction of Sadar Hospital, Ramgarh amount was released as advance to Shri Sudhir Kumar Sinha, the then Assistant Engineer. S. Date Amount No. 16.03.2008 25,00,000/- 17.03.2008 25,00,000/- 25.07.2008 25,00,000/- 03.10.2008 25,00,000/- 24.11.2008 25,00,000/- 15.12.2008 25,00,000/- 02.02.2009 25,00,000/- 24.02.2009 25,00,000/- 26.03.2009 35,00,000/- 10.08.2009 25,00,000/- 16.08.2009 25,00,000/- 20.11.2009 15,00,000/- (12) That the allotment of the construction of Sadar Hospital, Ramgarh was 4.5 crore out of which 3 crores was given to Shri Sudhir Kumar Sinha, Assistant Engineer and details of the same has been mentioned above. (13) That Shri Sudhir Kumar Sinha has submitted accounts of 3 crore in above mentioned scheme and rest work has been done by the petitioner and there is no dues in the said scheme. (14) That the another work under health scheme was construction of Samudayik Health Centre, Patratu and for which allotment was 2,62,50,000/- (Two Crore Sixty Two Lacs Fifty Thousand) out of which 1,86,00,000/- (one crore eighty six lacs) has been given to Shri Sudhir Kumar Sinha, Assistant 4 Engineer. 30.06.2008 25,00,000/- 25.03.2009 5,00,000/- 20.04.2009 20,00,000/- 19.08.2009 16,00,000/- 19.08.2009 16,00,000/- 24.09.2009 15,00,000/- 19.11.2009 20,00,000/- 29.03.2011 25,00,000/- 29.03.2011 25,00,000/- 29.03.2011 25,00,000/- (15) That out of 1,86,00,000/- work of Rs.75,00,000/- was done by the Assistant Engineer and accounts of only Rs.75,00,000/- has been submitted and as such Accounts of Rs.1,11,00,000/- is dues with Assistant Engineer and further work of Rs.76,50,000/- was done by the petitioner and accounts of the same had been adjusted. Scheme under Art and Cultural Department:- Construction of Mandu Stadium:- Alloted amount for this scheme was 27,00,000/- out of which Rs.25,00,000/- was given to Ajay Kumar Pandey, Assistant Engineer. 15.07.2010 10,00,000/- 03.08.2010 10,00,000/- 17.09.2010 5,00,000/- (16) That in the said scheme no accounts has been submitted by the Assistant Engineer till date and as such the amount taken as advance to the tune of Rs.25 lacs is remain unadjusted. Construction of Indoor Stadium, Ramgarh:- Alloted amount was 1,80,78,600/- out of which Rs. 1,70,20,000/- has been given to Ajit Kumar, Assistant Engineer. 21.06.2008 47,00,000/- 20.01.2009 23,00,000/- 05.02.2009 11,00,000/- 19.03.2009 10,00,000/- 15.05.2009 5,00,000/- 19.05.2009 10,00,000/- 20.05.2009 20,00,000/- 20.05.2009 20,00,000/- 5 19.06.2009 20,00,000/- 27.07.2009 4,20,000/- (17) That the said scheme the accounts of Rs.1,50,20,000/- was submitted but since the said account was not according to work and was not submitted within stipulated period and as such the same remains unadjusted. That further work of Rs.10,58,600/- was done by the petitioner himself and the accounts of the same has been adjusted. Scheme Under Welfare Department:- Construction of Hostel of 50 Seats in Residential School, Mandu:- Alloted amount was 24,36,000/- out of which Rs.15,00,000/- has given to Shri Ajay Kumar Pandey, Assistant Engineer. 13.08.2010 10,00,000/- 27.10.2010 5,00,000/- (18) That in the said scheme accounts has been submitted by the Assistant Engineer but the same was not according to work and as such the same was not adjusted. In the said scheme work of Rs.9,36,000/- has been done by the petitioner and accounts of the same has been adjusted and as such unadjusted amount in the said scheme is 15,00,000/- account of which was lying with the Assistant Engineer. Construction of one unit of Teacher Residence in Residential School, Gola:- Allotted amount was 4,64,000/- and the same has been given to Shri Ajay Kumar Pandey, Assistant Engineer. But in the said scheme no accounts has been submitted by the Assistant Engineer and as such Rs.4,64,000/- is remain unadjusted. 06.05.2010 1,25,000/- 29.09.2010 1,39,000/- 12.02.2010 2,00,000/- Scheme under Education Department:- (a) Construction of Gandhi Smarak +2 High School, Ramgarh:- Allotted amount was 1,37,00,000/- out of which 1,08,65,000/- given to Shri Ajay Kumar Pandey, Assistant Engineer but no accounts of the advance taken by him was submitted and as such the amount of Rs.1,08,65,000/- remains 6 unadjusted. Rest of the work to the tune of Rs.28,35,000/- has been done by the petitioner and that has been adjusted.
1. 19.05.2009 20,00,000/- 2. 19.06.2009 10,00,000/- 3. 16.07.2009 10,00,000/- 4. 18.08.2009 4,80,000/- 5. 11.09.2009 20,00,000/- 6. 15.02.2010 10,00,000/- 7. 13.03.2010 9,00,000/- 8. 29.09.2010 10,00,000/- 9. 14.10.2010 8,00,000/- 10. 31.12.2010 6,00,000/- (b) Construction of Upgraded High School, Barlanga:- Allotted amount was 22,75,000/- and the same has been given as an advance to Shri Ajay Kumar Pandey, Assistant Engineer on the pretext of payment of cost of materials and payment of labourer but no accounts of the same has been submitted and as such the said amount is remain unadjusted. Amount given to Shri Ajay Kumar Pandey, Assistant Engineer for construction of six newly upgraded high school. 09.11.2009 49,50,000/- 16.01.2010 5,00,000/- 16.01.2010 5,00,000/- 16.01.2010 5,00,000/- 16.01.2010 5,00,000/- 16.01.2010 5,00,000/- 16.01.2010 5,00,000/- 15.02.2010 5,00,000/- 15.02.2010 5,00,000/- 15.02.2010 5,00,000/- 15.02.2010 5,00,000/- 15.02.2010 5,00,000/- 15.02.2010 5,00,000/- (c) Construction of Newly Upgraded High School, Murpa:- Allotted amount was 26,64,000/- and the same has been given to Ajay Kumar Pandey, Assistant Engineer on different dates but no accounts has been submitted by the Assistant Engineer. (d) Construction of Newly Upgraded High School, 7 Korambe:- Allotted amount was 14,47,000/- and the same has been given to Ajay Kumar Pandey, Assistant Engineer on different dates but no accounts has been submitted by the Assistant Engineer. (e) Construction of Newly Upgraded High School, Tapin:- Allotted amount was 22,54,000/- and the same has been given to Ajay Kumar Pandey, Assistant Engineer on different dates but no accounts has been submitted by the Assistant Engineer. (f) Construction of Newly Upgraded High School, Kulhi:- Allotted amount was 21,03,000/- and the same has been given to Ajay Kumar Pandey, Assistant Engineer on different dates but no accounts has been submitted by the Assistant Engineer. (g) Construction of Newly Upgraded High School, Gandak:- Allotted amount was 5,22,000/- and the same was given to Ajay Kumar Pandey, Assistant Engineer on different dates but no accounts has been submitted by the Assistant Engineer. Chief Minister Development Scheme (R.E.O.):- There were 5 schemes under chief minister development scheme and for all the schemes total allotted amount was 41,68,300/- out of which accounts of Rs.39,68,300/- is adjusted and the amount given to 2,00,000/- to Manoj Kumar Jha is remain unadjusted. M.P. Scheme (R.E.O.):- There were 9 schemes under M.P. Schemes and total allotted amount for all 9 schemes was 64,85,500/- out of which 10,00,000/- has been given to Ajay Ram, Junior Engineer as advance but accounts of the same has not been submitted by the Junior Engineer. Further, Rs.8,03,621/- was given to Manoj Kumra Jha in absence of Assistant Engineer and Junior Engineer for implementation of scheme but accounts of the same has not been submitted and rest work to the tune of Rs.46,81,879/- was done by the petitioner and the same has been adjusted. M.L.A. Scheme (R.E.O.):- There were 9 schemes under M.L.A. Schemes and total allotted amount was 49,19,400/- out of which Rs.4,00,000/- has been given to Ajay Ram, Junior Engineer and Rs.17,28,687/- has been given to Manoj Kumar Jha and both have not submitted their accounts and work of Rs.27,90,713/- 8 has been done by the petitioner and the same is adjusted. M.P. Scheme (NREP) :- There were 52 schemes sanctioned under M.P. Scheme for Ramgarh district and total allotted amount was 85,12,950/- out of which Rs.52,21,119/- has been given to the beneficiaries and the same remains unadjusted and work of Rs.32,91,831/- was done by the petitioner and the same is adjusted. M.L.A. Scheme (NREP):- There were 92 sanctioned schemes under M.L.A. Scheme and the total allotted amount was 6,02,12,206/- out of which Rs.40,87,517/- has been given to Pramod Kumar Sinha, has been given to Ajay Ram, Junior Engineer but both have not submitted their accounts and as such the same remains unadjusted. Chief Minister Development Scheme (NREP):- There were all together 26 sanctioned schemes in Ramgarh District under Chief Minister Development Scheme and total allotted amount was 2,20,59,400/- since all are small scale schemes and as such the advance has been given to beneficiary directly and a sum of Rs.5,50,00,00/- and Rs.6,14,022/- has been given to beneficiaries. Work of Rs.1,04,45,378/- has been done by the petitioner which is adjusted and a sum of Rs.1,50,00,00/- has been given to Shri Pramod Kumar Sinha, Assistant Engineer and a sum of Rs.4,00,00,00/- has been given to Ajay Ram, Junior Engineer and both the Assistant Engineer and Junior Engineer have not submitted their accounts and as such the amount given to them as advance remain unadjusted. Sanctioned Schemes under I.A.P. :- (19) There were construction of 132 Aanganbari kendra and 161 PCC Road sanctioned under IAP Schemes for Ramgarh District and total allotted amount was 11,00,00,000/- which was kept by the petitioner in Bank account. (20) The amount could not be released in absence of sanction from the office of Accountant General but whne the work started and measurement book was submitted then the contractor started making pressure upon the petitioner for payment and the same was communicated bythe petitioner to then Deputy Commissioner. (21) The petitioner also communicated to the then Deputy Commissioner, Ramgarh vide memo no. 330 dated 9 06.05.2011 that sanction from the Accountant General has not been received and in that condition payment to the contractor could not be made before June. (22) The petitioner was directed by the then Deputy Commissioner for making payment by withdrawing the amount from bank by the joint signature of petitioner and Account Officer. When the petitioner requested to Account Officer, he refused to sign cheque and this matter has also been communicated to the then Deputy Commissioner. Finally the then Deputy Commissioner directed vide an office order vide memo no. 365 dated 21.06.2011 directing the petitioner to withdraw amount from bank account to make payment to contractors and it has clearly been directed that if the payment has not been made, the petitioner will be solely responsible for any unpleasantness. (23) In such circumstances payment has been made by the petitioner and cashier Arun Kumar. The petitioner has paid Rs.21,52,760/- to Income Tax Commissioner, Ramgarh, Rs.19,00,046/- to Commercial Tax Commissioner, Ramgarh, Rs.9,50,024/- to Jharkhand Bhawan Karmkar Kalyan Nidhi and rest amount has been retained by Manoj Kumar Jha (Anurekhak) and the same has not been returned to the petitioner. (24) Lastly, it is submitted that from the above facts it would be clear that the petitioner has not misappropriated any government amount for his own use and as such no case under section 406, 467, 468, 407, 120B IPC is made out against the petitioner, so he deserves the privilege of anticipatory bail. (25) Per-contra learned counsel for the ACB (Vigilance) has submitted that the petitioner while deputed as Executive Engineer, Rural Work Department, Works Division, Ramgarh cum Executive Engineer NREP Ramgarh with the collusion of the other officials had indulged in the defalcation of huge government money allotted for the various Government schemes. (26) That the petitioner while working as Executive Engineer NREP-CUM-Executive Engineer REO Ramgarh was allotted an amount of Rs. 13,21,17,356/- for NREP against 178 Schemes an amount of Rs. 10,75,81,800/- for REO against 27 10 Schemes. Thus total amount of Rs.23,96,99,156 was allotted against 205 schemes under various heads namely MLA scheme, MP Schemes, Chief Minister Development Schemes, Welfare Department Schemes, Health Department Schemes, Art and Culture Department Schemes etc. out of total amount of Rs. 23,96,99,156 was allotted out of which petitioner has adjusted Rs.15,99,59200 and Rs.7,97,39,960 has not yet been handed over by the petitioner. (27) That during investigation ACB has found by the verification of allotment letter from the D.C.'s office Ramgarh that for the 205 schemes of Rs.22,38,38,536/- was allotted to the petitioner. The petitioner has handed over the charge of amount of Rs.16,00,13,826 to Sri Pramod Kumar Sinha, complainant of this case, but after examination of the entire documents of 205 schemes, it was found that amount of Rs.14,55,03,812 was spent by the petitioner and Rs.8,06,31,780/- remained due with the petitioner and defalcated the amount. He has not given any explanation in this regard. (28) That the Executive Engineer by the rule has to submit D.C. Bill for the work done but this petitioner has not submitted any D.C. Bill for the entire 144 schemes out of 205 schemes but for excluding NREP52Schemes and in REO9Schemes, which clearly shows that this petitioner has violated the terms and condition of the rules prescribed by the JPWD and JPWA code. That as per the cash book of Integrated Action Plan (I.A.P.) an amount of Rs.11 Crore has been allotted i.e. 8.50 crores for the construction of PCC Road at Ramgarh District and 2.50 crores for the construction of Angan Bari, Ramgarh respectively. In both schemes INR816,74,020/- and INR133,28,438/- were spent by the petitioner and total amount of Rs.1,49,97,542/- remained due with the petitioner. Not only this it has also come during investigation that this petitioner has issued demand draft of Rs.52,31,135/- for the payment of Dist Mines and Mineral Department but this petitioner has with malafide intention, the said demand draft was deposited in the personal account on 03.08.2012 and defalcated the amount. (29) This petitioner as per rule this petitioner received an amount of Rs.74,14,966/- against security deposit 11 and extension of time for the contractor. This amount was not deposited by the petitioner and was defalcated by him. (30) That an inquiry report in this regard has revealed that the petitioner has defalcated an amount of Rs.2,94,54,000/- as the verification of saving account of the petitioner, it has revealed that Rs. 5,196/- is available in the said account. (31) That the petitioner has returned of Rs.52,46,385/- out of Rs.2,76,43,692/- of IAP and an amount of Rs.2,23,97,307/- is still due with the petitioner as per the FIR. It has further been stated that an amount of Rs.49,20,000/- was allotted for the construction of Bharat Mata Kalyan Mandap at Ramgarh and Mandu Block Campus vide dated 31.10.2014 out of which an amount of Rs.10,20,000 is also due with the petitioner. (32) That during course of investigation it has also been revealed that the petitioner has kept the government fund of Rs.11,00,00,000/- of IAP in his personal saving account willfully and in the aforesaid account vide account NO.- 91101004707045 of Axis Bank, Ramgarh, in which an amount of Rs.18,06,504 was accrued as interest and this petitioner has not returned the said amount to treasury and have defalcated the said amount. That the petitioner along with the co-accused has committed embezzlement of Rs.10,49,63,771 by abusing their official position. (33) It is further alleged that the notices have been given to the petitioner on the various occasion i.e. vide letter dated 27.08.2015, 04.09.2015, 27.04.2016, 23.05.2016 to appear and to record his statement under section 161 of the Cr.P.C. but the petitioner was not appeared. That when the anticipatory bail was heard by this Hon'ble Court on 04.05.2016 only on direction of this Court petitioner has turned up on 27.05.2016 but he has failed to explain his innocence and also failed to provide any document in support of his contention, it is thus clear that this petitioner has committed fraud and cause defalcation of government fund allotted under the various schemes and hence, he does not deserve for bail. (34) A rejoinder has also been filed by the 12 petitioner, wherein it is alleged that no amount has been embezzled by the petitioner as it would be evident from the Annexure-9 that for various schemes amount has been released in favour of Assistant Engineer and Junior Engineer and the same has been accepted by them and hand receipt has been issued. (35) That the petitioner totally denies the allegation levelled against the petitioner in Para-5 of the Supplementary Counter Affidavit. That in reply to Para-7 of the Supplementary Counter Affidavit it is stated that admittedly the informant himself has taken charge of Rs.16,00,13,826/- from the petitioner for the work done by the petitioner thus allegation levelled in Para-7 of the Supplementary Counter Affidavit is totally vague and baseless as the informant of the present case himself has accepted the charge from the petitioner without objection. (36) That in reply to Para-8 of the Supplementary Counter Affidavit it is submitted that by perusal of the column 50 and 88 of the report submitted by the Vigilance it would be evident that in column 88 it has been mentioned that D.C. Bill for installation of the generator set in Gurunanak Public School has been duly submitted and in column 50 it has been mentioned that DC bill of purchase of Generator has not been submitted, it is not believable that without purchasing of generator the same can be installed and so far installation of generator is concerned the same has been found correct by Vigilance, which clearly falsifies allegation against the petitioner in Para-8 of the Supplementary Counter Affidavit. (37) That in reply to Para-9 and 10 of the Supplementary Counter Affidavit it is submitted that the petitioner has released the fund in favour of Contractor, Sale Tax Commissioner, Ramgarh, Income Tax Commissioner, Ramgarh and Jharkhand Bhawan & Karmkar Kalyan Nidhi in compliance vide memo No. 365 dated 21.06.2011 passed by Deputy Commissioner (Annexure-3 & 4 of the main petition) and which was also communicated to the Deputy Commissioner, Ramgarh by the petitioner vide letter dated 13.07.2015. (38) That in reply to Para-12 of the Supplementary Counter Affidavit it is submitted that work was allotted to the 13 Assistant Engineer and Junior Engineer and fund was released in the favour of them and they did not submit that M.B. for the work done thus for that the petitioner cannot be held liable. (39) That the petitioner totally denies the allegation levelled against the petitioner in Para-15 of the Supplementary Counter Affidavit and it is submitted that work was done by the Assistant Engineer and Junior Engineer and they have not submitted that M.B. and they have not submitted the M.B. and for that “Prapatra K (a)” has been issued by the petitioner on the direction issued by Deputy Commissioner, Ramgarh (Annexure-7). (40) That in reply to Para-16 of the Supplementary Counter Affidavit it is submitted that an FIR has been lodged against the petitioner thus the petitioner has reasonable apprehension of being arrested thus the petitioner could not appear to give his statement u/s 161 of Cr.P.C. but after getting the stay order from the Hon'ble Jharkhand High Court at Ranchi the petitioner duly appeared before the concerned authority. That contention given in Para17 of the Supplementary Counter Affidavit clearly shows the bonafide intention of the petitioner. That in reply to Para-20 of the Supplementary Counter Affidavit it is submitted that admittedly construction work of Sadar Hospoital, Ramgarh was allotted to Sudhir Kumar Sinha, Assistant Engineer and fund was also released in favour of him but he had done work of only 75,000/- although advance was given to him to the tune of Rs.1,86,00,000/- but in the meantime he was transferred to other place and his successor has denied to continue work and as such Rs.1,11,00,000/- is lying with Sudhir Kumar Sinha and further work of Rs.76,50,000/- has been done by the petitioner but MB of the same has not been prepared by the petitioner as in the meantime present FIR has been loadged agsinat the petitioner (Detailed has been given in para-14 to 18 of the petition). (41) That it is stated that the allegation levelled in para-21 to 24 the petitioner states that the same is wrong as the petitioner has given charge of the schemes to his successor and he has duly accepted the same with accounts and it was duly communicated by the successor of the petitioner to Deputy 14 Commissioner, Ramgarh vide memo no. 440 dated 27.06.2015. (42) That in reply to allegation mentioned in para-25 of the Supplementary Counter Affidavit it is stated and submitted that the same is wrong as the petitioner has issued amount for the construction of teacher residential school to Shri A.K.Pandey, Assistant Engineer by cheque and the same has been duly received by him on 06.05.2010 Rs.1,25,000/-, on 29.09.2010 Rs.1,39,000/- on 12.02.2011 Rs.2,00,000/- but Shri Pandey has not submitted entire MB of the work and for that Prapatr “Ka” has been issued against him by the petitioner on 04.04.2013 (page 51 of petition). (43) Additional Supplementary Affidavit has also been filed by the petitioner, wherein it is stated that the status of different works under different schemes which is based upon the information gathered by the petitioner, which is as follows:- Mukhya Mantri Vikas Yojna under NREP Executive Engineer S.No. Year Name of Scheme Present Physical status as per information gathered by the petitioner 1 2010-11 Construction of PCC road from Mandai to the house of Completed Rajendra Mahato in Sikani village 2 2011-12 Construction of PCC road in new Thana Colony Completed 3 2011-12 Construction of PCC road Hesala road to Temple Completed 4 2011-12 Construction of PCC road from house of Nageshwar Completed Mahato to bridge in Naisarai village 5 2011-12 Construction of guard wall on kochinala bridge in Sikani Completed village 6 2011-12 Construction of PCC road in village Gandake from house Completed of Ganesh Mahato to REO road Dumarbeda 7 Construction of Saamudaik Bhawan in Nowasodain village Brick masonry work Parlolo up to roof level (65% work done) 8 Construction of PCC road from house of Dinesh Jamuwal Completed to house of Anup Jha in Ramgarh college colony 9 Construction of Saamudaik Bhawn in Jehra Tripath village Crick masonry upto Chhotakipona linton level (45% work done) 10 Construction of boundary wall in primary school in Completed Bhubhai village 11 Construction of Saamudaik Bhawan in Rakua Rakhabon Completed village 12 Construction of first floor of Patratu Basti guest house Brick masonry work upto roof revel (65% work done) 13 Construction of PCC road from house of Shri RC Completed Chaudhary to house of Shri PR Singh in Ragmarh college 15 colony 14 Construction of PCC road from Omkar school Tyre more to Completed house of Shri Nandlal Ram 15 Beautification of old Talab of village Sikani 60% work of steps done 16 Digging of old Talab of village Sikani Completed 17 Construction of guard wall of old Talab of village Sikani Foundation work done (30%) 18 Construction of PCC road from Hanuman Mandir to Completed railway bridge in Kothar village 19 Construction of PCC road from house of Paras Nath Gope 65% of the work to house of Sivalaya Bedia in Lodhama village done 20 Construction of PCC road from house of Shri Dilip Singh to house of Shri Manoj and from the beside of house Kuntu Babu to house of Chunmun Roy in Ramgarh 21 Construction of PCC road from Mahavir Mandir to railway bridge in Gola 22 Construction of shed and step in Nayabandh Talab in village Honhe 23 Construction of shed in Shmashaan Ghat in village Rundai 24 Construction of Pucca shed in village Priyaatu 25 Drilling of deep boring and water supply in Samudaik Bhawan Dulmi 26 Drilling of deep boring and water supply with with in the campus of Gurunanak school Ramgarh MLA Fund Schemes Under Executive Engineer NREP Ramgarh S.No Year Name of Schemes Present Physical status as per information gathered by petitioner 1 2007-08 Construction of building for school in Kujju Completed Sarvoday Niketan 2 2007-08 Construction of hall in front of Shitala Mandir in Completed Rita colony 3 2008-09 Construction of check dam on Patasur Nala in Completed village Barghuttu 4 2008-09 Construction of PCC road from Patasur Nala to Completed Gola charu road road via house of Nakul Nayak 5 2008-09 Construction of PCC road from house of vasudeo Completed mahato to main road 6 2008-09 Construction of Samudaik Bhawan in Sondimra 25% of total work done as sanctioned amount was 4,37,700/- and amount received by petitioner was 1,75,000/- 7 2008-09 Construction of PCC road and culvert in Completed Chhotaki Murram village in Ramgarh 8 2008-09 Construction of guard wall between Jatara Completed Tungari to Fanikpur in Lari 9 2008-09 Construction of PCC road from house of Lalaku Completed Ganjhu to Jharanaa 10 2008-09 Construction of Shmasan shed in DVC Chowk in 70% of total work done as GOLA on Gomati River sanctioned amount was 1,40,000 16 and amount received by petitioner was 1,26,000 11 2008-09 Construction of PCC road from house of Lalit Completed Turi to Lahabari 12 2008-09 Construction of Vivaah Bhawan in village 90% of work done Madagi 13 2008-09 Construction of PCC road from Diwani pan Completed dukaan to mandap in village Sikani 14 2008-09 Construction of PCC Road from house of Jainath Completed Nayak to Badavaa Akhara in village Serengaatu 15 2008-09 Construction of PCC road from house of Kundan Completed Mahato to Shmashaan Ghat in village Hohad 16 2008-09 Construction of boundary wall in Ramgarh inter Completed college 17 2008-09 Construction of PCC road from NH33 to Completed auditorium of Gurunanak senior secondary school 18 2010-11 Construction of PCC road from Pratap Nagar to Completed house of Surendra Kumar Mahato in Nai Sarai 19 2011-12 Construction of PCC raod in Harijan Mohalla Completed village Chhotaki Lari 20 2011-12 Construction of PCC road from house of Dinesh Completed Singh to college Mandir in Ramgarh urban area 21 2011-12 Construction of PCC road from Bhairavi river to Completed Vamandaha, Shmashaan ghat steps and shed in village tebardaag 22 2011-12 Construction of PCC road from house of Kamal Completed Nath Mahato to Gundali maisa in village siru 23 2011-12 Construction of boundary wall in Navprathamik Completed vidyalay Ambagarhaa 24 2011-12 Construction of PCC road from Karmali toal Completed more to ladhaka via akhara in village Jamira 25 2011-12 Construction of PCC road from house of Pradip Completed Kumar to Chidarmara in village kurum 26 2011-12 Construction of Madarasa in village Maganpur Completed 27 2011-12 Construction of shed in Nichtola on river ghat in Incomplete as sanctioned amount Hohad was 96,600/- and the amount received by the petitioner was 39,000/- 28 2011-12 Construction of shed in Hohad shmashan ghat Incomplete as sanctioned amount was 96,600/- and the amount received by the petitioner was 39,000/- 29 2011-12 Construction of boundary wall in Dumardiha high Completed school 30 2011-12 Construction of PCC road from house of Completed Ramsharan Mahato to Sevalal Mahato in village Chhatarmandu, 400 ft 31 2011-12 Construction of PCC road from house of Completed Ramkumar Mahato to Ramlochan Mahato in village chhatarmandu, 400 ft 32 2011-12 Construction of PCC road from house of Jaikaran Completed Mahato to Ramnandan Mahato in village chhatarmandu, 500 ft 33 2011-12 Construction of PCC road from house of Completed 17 Gyanitiwari to Rajkishor Tiwari in village Chhatarmandu, 400 ft and guardwall 600 ft drain. 34 2011-12 Construction of drain from Kaliknath chowk to Completed station road joda shivalay 600 ft 35 2011-12 Construction of drain on both sides from house of Completed Paramanand Mahato to house of Faleshwar Mahato 36 2011-12 Construction of shed of two rooms in football Up to plinth level work done maidaan of village Khokha byaang (20% of total work done) 37 2011-12 Construction of PCC road from house of Ramdas Completed Mahato to bitan saw in village chokad, 1000 ft 38 2011-12 Construction of Samudaik bhawan in asana tola Casting of slab done only plaster adivasi mohalla in chhatarmandu village and finishing work remaining 39 2011-12 Construction of PCC road from house Completed ofThakurdas Mahato of ward no. 13 to Gangadhar Mahato in village Gola, 1000 40 2011-12 Construction of PCC road in Mahadeo tungari in Completed village Usara, 600 ft 41 2011-12 Construction of guard wall on both sides from Completed Gava Devi mandir akhara to Nayapokhar, 510 ft 42 2011-12 Construction of Samudaik Bhawan in Naisarai Site Changed muslim basti in Ramgarhnagar 43 2011-12 Construction of PCC road from Mahaveer mandir Completed akhara to house of Mevalal Mahato via Chitaranjan Kumar Mahato in Bongasori village, 1050 ft 44 2011-12 Construction of PCC road from house of Bhadaru Completed Mahato to lalaki bandh via Durga mandap, 1050ft 45 2011-12 Construction of PCC road from Shiv mandir to Completed house of Sahit Mahato in village soso, 1050 ft 46 2011-12 Construction of PCC road from Macha of Completed Bhuvaneshwar Mahato to house of Muglu Mahato in village Gosa, 1050 ft 47 2011-12 Construction of PCC road from house of Completed Chitaranjan Poddar to house of Ravichandra Poddar in village Gola, 300 ft 48 2011-12 Construction of Samudaik Bhawan cum marriage Due to non availability of land bhawan on govt. land beside Bijulia talab in Ramgarh 49 2012-13 Construction of PCC road from Koura Bihar Completed bridge to the house of Gobardhan Bedia 1050ft 50 2012-13 Construction of guard wall form house of kishor Completed mahato to house of mitaralal mahato 200ft, 50ft drain and 200ft PCC road 51 2012-13 Supply one set of generator in Gurunanak Public Completed School 52 2012-13 Installation of one set of generator in Gurunanak Completed Public School 53 2012-13 Construction of PCC raod from house of amarlal Completed mahato to Mayatungri in purana sirakaa 54 2012-13 Construction of boundary wall in Rajakiy Completed Utkramit uchch vidyalay Baraki Kundru 55 2012-13 Construction of PCC road from house of Sakeel Completed to Dadijharana in Hesala 18 56 2012-13 Digging of Govt. talab Kenka (tarava baandh) Completed 57 2012-13 Beautification of govt. talab kenka (tarava Completed baandh) 58 2012-13 Construction of guard wall of govt. talab Kenka Completed (tarava baandh) 59 2012-13 Digging of govt. talab Baraki koiya Completed 60 2012-13 Construction of guard wall of govt. Talab Baraki Completed Koiya 61 2012-13 Construction of PCC road from infront of house Completed of Vikram Singh to the house of Dinesh Kumar in Bijuliya 62 2012-13 Beautification of govt. talab of village kamataa Completed 63 2012-13 Beautification of govt. talalb of village Completed chhotakikoiya 64 2012-13 Digging of old talab potamadagaa Completed 65 2012-13 Construction of guard wall of old talab in Completed potamadagaa village 66 2013-14 Construction of (jagannath mandir path) PCC Completed road from house of asheshwar mahato to house of rajan mahato in village kaitha, 300 ft 67 2013-14 Construction of PCC road from NH23 to baragad Completed tree in chitarapur 68 2013-14 Construction of PCC road from house of punit Completed pandey to house of chhatru mahato 69 2013-14 Construction of Samudaik bhawan in govt land Brick masonry work done up to sondiha roof level 70 2013-14 Construction of PCC road from goriyari kabristan Completed gali to house of doman gosai in drain 71 2013-14 Construction of PCC road from house of roja 600 ft (60%) work done rest not mahato to banbudhia in village hesapoda done due to non availability of land 72 2013-14 Construction of PCC road from house of kanchan Completed mahato to uchch prathamik vidyalay in tola dumaradiha of village hesapoda 73 2013-14 Construction of PCC road from house of fekan Completed mahato to balagarha of village sikani 74 2013-14 Construction of PCC road from house of Completed gorakhnath mahato to uchch vidyalay of village kulhi 75 2013-14 Construction of PCC road and drain in Completed suryanagar road no.1 76 2013-14 Construction of PCC road and drain in Completed suryanagar road no.2 77 2013-14 Construction of PCC road and drain in Completed suryanagar road no.3 78 2013-14 Construction of PCC road from house of Keshan Completed Mahto to Ganwaa Devi in Byong village 79 2013-14 Construction of PCC road from mandap to talab Completed in village chamrom 80 2013-14 Construction of PCC road from muri road to Completed gomati river 81 2013-14 Construction of PCC road from 2013-14 bania Completed pokhar to gomati river 19 82 2013-14 Construction of building in rajarappa project Completed saraswati vidyamandir 83 2013-14 Construction of brick soling and drain from Completed saraiya tola shiv mandir to house of ram prasad giri 84 2013-14 Construction of boundary wall of kabristan in Completed kuluapataraa hehal 85 2013-14 Construction of boundary wall of kabristan in piri Completed 86 2013-14 Construction of PCC road from house of jagadev Completed mahato to railway phatak 87 2013-14 Construction of PCC road from main road poda Completed gate towards durga mandap, 324 ft 88 2013-14 Construction of PCC road from hari kirana, juta Completed dukkan to bharat laundry via baleshwar hotel to main road and vishnu hotel to main road 89 2013-14 Construction of drain from house fo bhaju 65% work done mahato to house of jugal mahato 90 2013-14 Construction of boundary wall of kabristan in Completed talataand 91 2013-14 Construction of community hall in hesala in Brick work done up to roof level village jaraad (65% work done) MP Fund Schemes under Executive Engineer NREP Ramgarh 1 2007-08 Construction of guard wall of talab of mahatha Completed tola in village kumhardaga 2 2007-08 Construction of building in front of Murapaa Brick work done up to linton middle school level (40% work done) 3 2007-08 Construction of building in front of dimaraa Completed middle school 4 2007-08 Construction of PCC road from house of Completed Jeevanlal mahato in durga pratima bhashawn in korambay village panchayat hesapoda 5 2007-08 Construction of building for two nos of Brick work done up to linton shauchalay in samposhit kisan high school in level (40% work done) as amount dabhatu village sanctioned was 50,000/- and amount received by the petitioner was 20,000/- 6 2007-08 Construction of building for two nos of rooms Completed in samposhit ayubiya madarasa 1 in maganpur village 7 2007-08 Construction of chabutaraa in harijan mohalla Only material collected as in badagaon sanctioned amount was 40,000/- and amount received by the petitioner was 16,000/- 8 2007-08 Construction of building for sabha in west kujju 40% work done up to linton level panchayat murapaa 20 9 2007-08 Construction of building for samudaik bhawan Completed in village baherea of chumba panchayat 10 2007-08 Construction of boundary wall around urdu Completed middle school village bhadava in son diha panchayat 11 2007-08 Construction of chapakal in front of bholagiri Completed house in digwar panchayat 12 2007-08 Construction of aroom near barakachumba near Completed madarasa 13 2007-08 Construction of library in topa in madarsa Work done upto linton level (40% work done) 14 2007-08 Construction of chapakal in front of mujur Completed house 15 2007-08 Construction of samudaik bhawan with two Completed rooms and verandah in side of jariyo high school 16 2007-08 Construction of PCC road from house of tahir Completed to pundi road in bhuiyatoli 17 2007-08 Construction of samudaik bhawan in rataway Work done up to linton level (40% work done) 18 2007-08 Construction of PCC road from house of 40% work done ratneshwar prasad mandal to glass factory road in bhadaninagar gupta line 19 2007-08 Construction of chabutaraa in PTPS courtyard Only foundation work done as sanctioned amount was 30,000/- and amount received by the petitioner was 12,000/- 20 2007-08 Construction of 10ft well in the land of gauri Digging work completed as singh in hehal sanctioned amount was 45,000/- and amount received by the petitioner was 18,000/- 21 2007-08 Construction of Madarasa in palu pipari toil Up to roof level brick work done (65%) as sanctioned amount was 1,65,000/- and amount received by the petitioner was 66,000/- 22 2007-08 Construction of 10 ft well in khata no 23 plot Digging work completed as no 118 in solia construction sanctioned amount was 45,000/- and amount received by the petitioner was 18,000/- 23 2010-11 Construction of 10 ft well in khata no. 10 plot Digging work completed as no. 308 in ucharingaa sanctioned amount was 45,000/- and amount received by the petitioner was 18,000/- 24 2010-11 Construction of PCC road from house of Brick soling and 20% done as ramjatan saav to house of tuleshwar saav in sanctioned amount was 39,900/- chitarpur east village and amount received by the petitioner was 16,000/- PCC252010-11 Construction of PCC road from betel shop of Completed podo to house of bhaanti devi in ramgarh ward no 3 26 2010-11 Construction of PCC road from NH33 via Completed house of ashokkumar to house of ramvachan veen in maraar village 27 2010-11 Construction of PCC road from freshup Completed company to barawaataanr in maraar village 28 2011-12 Construction of PCC road from house of durga Completed 21 bhagat toward north tosadhu talab in chitarpur north village 29 2011-12 Construction of 10ft well on land of musaril in 30% of work done kimo mandu block 30 2011-12 Construction of drain from datama more to 70% of work done house of late thakur mahato in mandu 31 2011-12 Construction of PCC road from house of 85% of work done ramprasad gupta to house of sohar mahato in mandu 32 2011-12 Construction of builiding for samudaik bhawan Brick work above linton level is near barakagaon kali mandir in mandu complete (60% work done) 33 2011-12 Construction of drain and road from simaana 90% work done more to house of vinod yadav in pataraatu 34 2011-12 Construction of boundary wall of sayaal shiv Completed mandir in pataraatu 35 2011-12 Construction of drain and road in new market Completed professional colony in pataratu 36 2011-12 Construction of PCC road from mahau ped to Completed ghoraghorawaa in barawaataanr village of bariyatu panchayat in gola 37 2011-12 Construction of PCC road from house of krishn Completed mahato to house of sankar saav in ramgarh 38 2011-12 Construction of PCC road from house of kanti Completed munda to house of gallu mahto in ramgarh 39 2011-12 Construction of PCC from aragadda road to Completed house of rajiv lala in ramgarh 40 2011-12 Construction of PCC road from house of anil Completed gupta to bijulia talab in ramgarh 41 2011-12 Construction of PCC road from house of anand Completed mahato to house of saraju mahato in ramgarh 42 2011-12 Construction of PCC road from house of R. K. Completed Singh to kabristan in ramgarh 43 2011-12 Construction of PCC road from bajartaanr Completed NH23 to house of mahendra prajapati 44 2011-12 Construction of PCC road from shop of sohan Completed thakur to shop of mohan jha in patraatu 45 2011-12 Construction of PCC road from birasaa market 75% work done main road to shop of ashwani rai in pataratu 46 2011-12 Construction of PCC road from maa 70% work done jagadambaa store to brick soling in pataraatu 47 2011-12 Construction of PCC road from shop of Completed sukhadev saav to shop of santosh thakur in pataraatu 48 2011-12 Construction of samudaik bhawan in purabdih 50% work done in gola 49 2011-12 Construction of samudaik bhawan in side of 40% work done durga mandir (pahalu saav house) in gola 50 2012-13 Construction of boundary wall of saraswati Completed shishu mandir in pataraatu 51 2012-13 Construction of hall in aarya samaj naya nagar Slab casting completed, finishing ghutua in pataraatu work not done (70% work done) 52 2013-14 Construction of community building in 20% work done courtyard of saraswati shishu mandir pataratu thermal power 22 Schemes under Education Department under Executive Engineer, NREP12008-09 Construction of GANDHI SMAARAK +2 High School Slab casting of first building, in Ramgarh floor and ground floor is completed, plaster work 90% complete, flooring work 75 % complete, but due to non submission of account Prapatra K has been issued against Assistant Engineer Ajay Kumar Pandey by the petitioner, duly communicated to the then DC, Ramgarh and Principal secretary, Minor irrigation vide letter no. 21 dated 05.04.2013 2 2008-09 Construction of nav utkramit high school building, in Completed, but due to baralanga non submission of account Prapatra K has been issued against Assistant Engineer Ajay Kumar Pandey by the petitioner, duly communicated to the then DC, Ramgarh and Principal secretary, Minor irrigation vide letter no. 21 dated 05.04.2013 3 2008-09 Construction of nav utkramit high school building, in -do-, completed murapaa 4 2008-09 Construction of nav utkramit high school building, in -do-, 85% of ground korambay floor slab casting is complete 5 2008-09 Construction of nav utkramit high school building, in -do- completed tapin 6 2008-09 Construction of nav utkramit high school building, in -do- completed Kulhi 7 2008-09 Construction of nav utkramit high school building, in -do- slab casting work gandake is completed Schemes of Welfare Department under Executive Engineer, RWD, Ramgarh 1 2008- Construction of one unit teacher residence building, Completed, washing colouring 09 and its washing colouring in gola not done 2 2008- Construction of fifty bedded chhatrawas for Ground floor slab casting done, 09 awasiya vidyalay Mandu 70% plaster work done MLA Fund Schemes under Executive Engineer, RWD, Ramgarh 1 2011-12 Construction of PCC road from house of Completed ramcharan mahato to jeharaa in murudih 2 2011-12 Construction of samudaik bhawan in Work not done due to non barawaataanr availability of land 23 3 2011-12 Construction of shed in kabristan in village Do barakipona 4 2011-12 Construction of PCC road from house of sunil 125ft work done as sanctioned mahato to house of suresh mahato in mail amount was 2,14,000/- and amount village received by the petitioner was 86,000/- 5 2011-12 Construction of bridge near shmashan ghat on 65% work completed kochinala in chitarapur 6 2011-12 Construction of steps and shed in mail talab 70% work completed village mayal 7 2011-12 Construction of PCC road from house of khedan 30% work completed as sanctioned to house of santosh kumaar swarnakaar in amount was 3,42,000/- and amount chitarpur village received by the petitioner was 1,36,800/- 8 2011-12 Construction of vivaah bhawan in kedala of Completed mandu 9 2011-12 Construction of hall in model high school laiyo Work done up to linton level (40% work completed) Chief Minister Development Scheme under Executive Engineer Executive Engineer, RWD, Ramgarh 1 2011-12 Construction of vivaah mandap in ward no Dispute at site hence only foundation 5 of village chhotaki muraam digging could be done (Amount sanctioned- 5,00,000/- amount received by petitioner 2,00,000/-) 2 2011-12 Construction of guard wall in siru Completed panchayat bhawan to honhee more road 3 2011-12 Construction of PCC road from house of Completed ganga mahato to house of lalu mahato in rola bagicha village 4 2011-12 Construction of PCC road behind adarsh 600ft PCC work and 300ft drain work nagar bus stand has been done as sanctioned amount was 14,90,000/- and amount received by the petitioner was 7,50,000/- 5 Construction of PCC road from house of Completed birendra mahato to house of chutar mahato in honhe village MP Fund Schemes under Executive Engineer, RWD, Ramgarh 1 2012-13 Construction of PCC road from house of D K Singh to Completed house of shambhu agarwal in ramgarh urban area 2 2012-13 Construction of PCC road from house of girijaa saav to Completed house of lakhan saav in ramgarh urban area 3 2012-13 Construction of 10ft well in DAV baralangaa school in Completed Gola 4 2012-13 Construction of PCC road from house of sanjay Completed prajapati to house of ambikaa singh in pataraatu 5 2012-13 Construction of hall in majhalaa chumba high school in Brick work up to roof mandu level done 60 % work done 24 6 2012-13 Construction of PCC road from house of Ramlochan Completed Pandey to house of Pradip Singh in ichaatu 7 2012-13 Construction of saamu daik bhawan in village dobhatu Completed 8 2012-13 Construction of saamu daik bhawan in ramgarh (bharat Completed mata kalian mandap) 9 2012-13 Construction of saamu daik bhawan in mandu (bharat Completed mata kalian mandap) Schemes of Health Department under Executive Engineer, RWD, Ramgarh\ 1 Construction of After being transferred Assistant Engineer Sudhir Kumar community health centre in Sinha stopped work, information was given to DC, block headquarter Ramgarh Successor of Shri Sinha namely, Pramod Kumar Pataraatu Sinha denied to do work, information given to DC, petitioner was directed by DC to complete the work, rest work done by petitioner. 95% work completed 2 Construction of 100 Do bedded hospital in Ramgarh district headquarter Schemes of Kala and Sanskriti Under Executive Engineer, RWD, Ramgarh 1 Construction of stadium in Mandu Objection raised by Army, after clearing objection work again started (boundary wall and earth work levelling of the ground done) amount sanctioned 67,75,500, amount received by petitioner 27,00,000/- out of which 25,00,000/- given to Assistant Engineer as Advance 2 Construction of indoor stadium in Ramgarh Plaster work complete, windows fixed, 40% flooring work completed. (44) After hearing the learned counsel for the parties at length and going through the records. From perusal of the counter affidavit filed on behalf of the Anti Corruption Bureau (ACB) Ranchi, it appears that the investigation is going on and although in the written report, the defalcated amounts are Rs.2,23,97,307/- and Rs.10,20,000/- only, but during course of investigation defalcated amount increased in many folds. (45) As per the counter affidavit and rejoinder filed on behalf of the ACB, it appears that the petitioner had kept 25 government fund of Rs.11 crores of Integrated Action Plan (IAP) in his personal saving account and interest of which comes to Rs.18,06,504/-, and the petitioner has not returned the said amount to treasury and has defalcated the said amount. The allegation against the petitioner is very serious in nature and the schemes are incomplete. (46) Taking all the facts and circumstances, I am not inclined to admit the petitioner on bail. Accordingly, this anticipatory bail application is hereby rejected. (Anant Bijay Singh, J.) fahim/-