Case against ex Odisha DGP: HC refuses to accept docs in sealed cover, asks vigilance to file sworn affidavit
Odisha Sun Times Bureau
Cuttack, Dec 9:
The Odisha High Court today refused to accept documents submitted to it by the state Vigilance department in a sealed envelope in the case filed by former DGP Prakash Mishra seeking quashing of the FIR slapped against him by the agency.
The court directed the Vigilance department to file the documents through a sworn affidavit instead of submitting them in a sealed envelope while posting the next hearing for the first week of January.
On September 20 this year, the vigilance had lodged an FIR against Mishra accusing him of causing pecuniary loss to the state exchequer by making advance payments to suppliers when he was CMD of the Odisha Police Housing and Welfare Corporation (OPHWC) between 2006 and 2009.
In its FIR lodged against Mishra under section 13(2) and 13(1) (d) of Prevention of Corruption Act, 1988 and section 409 and 120-B of Indian Penal Code, the Bhubaneswar vigilance division had accused him of making advance payment of Rs 59 crore to some steel and cement suppliers in violation of existing rules during his tenure as CMD of the OPHWC between 2006 and 2009.
Mishra had responded by filing a petition in the High Court accusing the government of mala fide and seeking quashing of the FIR against him.
On November 19, the High Court had directed the Vigilance to submit the audit reports and resolution of the board of directors for the entire duration when former DGP Mishra was the chairman cum managing director (CMD) of the (OPHWC) today.
In an earlier order of October 12, the court had restrained the state government and the Vigilance department from taking any coercive action against the former DGP and had said the directive would prevail till further orders.
Mishra, a 1977-batch officer, who is presently posted as the special secretary, Internal Security, Government of India, was the chairman-cum-managing-director of OPHWC between 2006 and 2009, in the rank of additional DGP. If sources are to be believed, he is now tipped to be the DG CRPF.