I completed Diploma in Civil Engineering in the year 2001 and thereafter I persuaded Graduate Engineering Course in Civil Engineering from the Institution of Engineers’ India. The curriculum was divided into 3 parts viz. Section A, Project & Section B each part taking a minimum time period of a year or even more.
After passing Section A , I was supposed to do a Project work under a qualified engineer govt or private. I got an opportunity to do my project under a local architecture firm of my home town. However, after a few months I got an opportunity through one of my friend for a contract engineer in the Central Govt Project called Sarva Siksha Abhiyan, wherein my job would be to supervise and oversee the construction of new school buildings.
The Project head was a Govt. Civil Service Officer. Almost all the employee were contracted . The contract would be renewed every 6 months. I was also managing my project work under the architect side by side.
In the month of March 2005, One fine day the Project Head from the Sarva Siksha Abhiyan project asked to run an errand for him by depositing the cheque of Rs 3,60,000 in the bank and handing over the money to the cashier of our office. I agreed as it was a simple case of withdrawing money from the bank which I had done several times for my parents.
He handed me over a bearer cheque duly signed by him on the front side. I rushed to the bank , I was asked to sign on the backside of the cheque before the money was handed over to me. I then collected the money and handed it over to the cashier as directed.
Couple of months later the cashier expired, he was a retired person who had been hired as a contract employee too.
More than a year later, it surfaced that there was a huge embezzlement of fund to the tune of
over Rs 5 crore from our project office. The entire amount was withdrawn via 30 to 35 self or bearer cheques all of them authorized by the Project Head. The one I withdrew was amongst that 35 cheque. Ever since then The Project Head has remained absconding . 3 other contract employee had also deposited a couple of cheques in the similar fashion but for them it was a regular duty. It also surfaced that the bulk amount was en-cashed by the cashier himself who had by then already expired.
All four of us were initially issued show cause notice and later an FIR was lodged against us, the Project Head, 3 Bank Managers and the cashier on May 2006 under sections 420/467/468/471/209/120B of the Indian Penal Code, 1860 and later sections 13(1)(d)/ 13(2) of the Prevention of Corruption Act was also added. We were put behind bars for almost 30 days and finally I got bail on july 2006. Though it was tough for me but I slowly and steadily went back to my studies and Graduated as a Civil Engineer in June 2007.
After that I have been attending the court as and when the date for appearance is fixed. The proceedings are on with the Project Head still absconding. Finally in May 2009 my lawyer prayed for discharge under section 167 (5) of the code of criminal procedure. But the CJM rejected it without any valid reason. My lawyer then appealed to the sessions court for revision of the CJM’s order to which the Sessions Judge also rejected sighting that the Chargesheet was placed within 3 years, which was still incorrect.
Currently I have appealed to the state high Court for the quashing of all the criminal proceedings against me. The High Court Judge has temporarily stayed the proceedings in the lower court and fixed a date for hearing on Sept. 2012.
It is over 6 years now since the case has started against me and my life has literally turned miserable. I just did what my superior told to do and that too was just to en-cash the cheque which everyone of us have done several times in our lifetime. Therefore, there was no question of doubt .For me, it was simply impossible to understand the motive of my superior. My days in jail haunt me now and then while the prime accused is still at large. I would thus appeal to all the lawyers in this forum to help me find some orders/rulings and cases of similar nature which could be helpfull as a reference at the High Court during the hearing for which I would forever remain indebted.
