State Of M.P vs Sheetla Sahai & Ors

7. However, on the premise that whereas eight lakh cubic meters of stones of the requisite specification were required for masonry work, only one lakh cubic meter stone was available from the Therma Pahar Quarry, permission was sought for by the contractors to excavate stones, rubbles and other materials from a quarry known as Katghora Quarry which was situated at a distance of 22 kms. from the dam.

9. The Superintending Engineer, respondent No. 7 herein also by his letter dated 28.07.1983 addressed to Shri R.C. Gupta, the then Executive Engineer stated:

Along with the said letter, various other documents were enclosed as specified therein including a letter dated 4.05.1990, wherein it was inter alia stated:

20. The matter was placed before the Financial Adviser. The Financial Adviser in his note dated 4.01.1991 to the Secretary, while stating that the Financial Adviser functions as a consultant offering comments on cases referred to him in the light of his background, experience and expertise and going by the facts placed before him which may not be treated as a substitute for vetting by the Finance Department wherever such vetting is required under the rules of governmental business, inter alia made the following comments:

21. The then Secretary (Irrigation) Shri M.S. Billore constituted a committee comprising of the Engineer-in-Chief P.V. Srinivasaiyah, the Chief Engineer, the Financial Adviser, Secretary (Control Board) and the Deputy Secretary, some of whom are Accused Nos. 3, 4,5 and 11.

37. The contract contained an arbitration clause. The respondents herein invoked the said arbitration agreement, as noticed hereinbefore, as far back 30 in the year 1987. Indisputably, an award had been made in their favour on the basis of a settlement arrived at by and between the parties. Such a settlement was arrived at on the basis of the stand taken by the authorities of the State of Madhya Pradesh upon entering into detailed deliberations.

(v) A decision having been taken by the highest authority not only upon taking into consideration the opinion of all concerned, viz., from Executive Engineer to the Minister concerned but also in view of the opinion of the Government of India and on the basis of two reports of the Committee, viz., reports by respondent No. 2 D.V.S.R. Sarma Committee and respondent No. 3 P.V. Srinivasaiyah Committee, no interference with the impugned judgment is warranted.

Its ingredients are

What is, therefore, necessary is to show meeting of minds of two or more persons for doing or causing to be done an illegal act or an act by illegal means.

58. There cannot be any doubt whatsoever that the tests for the purpose of framing of charge and the one for recording a judgment of conviction are different.

The prosecution, having regard to the right of an accused to have a fair investigation, fair inquiry and fair trial as adumbrated under Article 21 of the Constitution of India, cannot at any stage be deprived of taking advantage of the materials which the prosecution itself has placed on record. If upon perusal of the entire materials on record, the court arrives at an opinion that two views are possible, charges can be framed, but if only one and one view is possible to be taken, the court shall not put the accused to harassment by asking him to face a trial.

The test may well be whether the public servant, if challenged, can reasonably claim that, what he 52 does, he does in virtue of his office." Hori Ram case is referred to with approval in the later case of Lieutenant Hector Thomas Huntley v. King-

67. For the reasons aforementioned, there is no merit in this appeal which is dismissed accordingly.

August 04, 2009