The Meghalaya High Court has set aside and quashed all proceedings against a retired Indian Forest Service (IFS) official and also cleared him of all charges in connection with the Special CID Case registered against him in 2016.
In a verdict passed recently, Justice Wanlura Diengdoh discharged the former Forest Department official Tony Trabert C. Marak from all liabilities in the case and all proceedings against him related to the case were also quashed.
“This court finds that the impugned order dated 28.10.2022 whereby the charge sheet dated 21.06.2016 being taken cognisance of was passed without taking into account judicial propriety and also without jurisdiction. The same is therefore liable to be set aside and quashed. This petition is accordingly disposed of by setting aside and quashing the impugned order dated 28.10.2022 along with the related charge sheet. The petitioner is hereby discharged from all liabilities in the case and all proceedings against him related to the said Special CID Case No. 1 of 2016 are quashed,” the High Court said.
It may be mentioned that Marak moved the High Court after being aggrieved by the charge sheet No.11/2016 dated June 21, 2016 submitted by the Investigating Officer (I/O) in Dawki PS Case No. 2(1)/2010 under Section 13(2) read with Section 13(1) (c) of the Prevention of Corruption Act, 1988 whereby a prima facie case for prosecution against the retired IFS officer was said to have been found well established and the related order dated October 28, 2022 passed by the Special Judge, West Jaintia Hills District, Jowai in GR Case No. 10/2010, re-registered as Special CID Case No. 1/2016 by which order, the prayer of the petitioner/accused for discharge from the case was not allowed and the consequential order for framing of charge being made.
Marak at the relevant point of time was the State’s Chief Conservator of Forest (SF & Env) when there was a Centrally Sponsored Scheme (CSS) for establishment of a park at Syndai, Amlarem Sub-Division under the Border Area Development Department Programme.
The scheme amounting to Rs 30,60,800 was proposed by the Department of Soil Conservation, Government of Meghalaya. It was accordingly approved by the State Level Screening Committee and was a Special Central Assistance under the Border Area Development Department Programme.
The Forest Department was, however, given the responsibility for implementation of the project. Marak being the Chief Conservator of Forest (SF & Env) was entrusted with completion of the same.
For utilisation of funds for the project, Marak finding that there is no appropriate channel for exclusive use of the funds meant for the project, had accordingly opened a special Current Account with the Canara Bank, Garikhana Branch, Shillong in the name of Chief Conservator of Forest (SF & Env) for transaction of money meant for the project. It was also clarified that the account was opened and operated in the name and office of the Chief Conservator of Forest and not in Marak’s personal capacity.
Marak has then entrusted the task of implementation of the project to the Divisional Forest Officer (DFO) and was functioning only as the Drawing and Disbursing Officer (DDO) for the project.
The project was carried out and duly completed to the satisfaction of all concerned and a Utilisation-cum-Completion Certificate for an amount of Rs 26,32,800 was submitted by the DFO vide certificate dated June 30, 2010.
It is also mentioned that the inspection of the project was earlier carried out by a team headed by the Secretary to the Government of Meghalaya, Border Area Development Department and the inspection team was satisfied with the work done. The inspection team also submitted its report dated March 13, 2010.
