Aneeta Panda vs State Of Orissa (Vigilance) .... Opp. ...
2025 Latest Caselaw 9733 Ori

Orissa High Court

Aneeta Panda vs State Of Orissa (Vigilance) .... Opp. ... on 7 November, 2025

Author: Chittaranjan Dash

Bench: Chittaranjan Dash

AFR IN THE HIGH COURT OF ORISSA AT CUTTACK
                         CRLREV No.144 of 2023

        Aneeta Panda                    ....                      Petitioner
                                          Mr. B. P. Tripathy, Sr. Advocate

                                      -versus-

        State of Orissa (Vigilance)     ....                     Opp. Party
                                                   Mr. Sangram Das, SC,
                                                   Vigilance Department


                         CORAM:
        THE HON'BLE MR. JUSTICE CHITTARANJAN DASH
                        Date of Judgment: 07.11.2025

      Chittaranjan Dash, J.

1. The legality, propriety, and correctness of the order dated 20.12.2022 passed by the learned Special Judge (Vigilance), Bolangir in C.T.R. No.13 of 2018, arising out of Bolangir G.R. Case No.8 of 2014, pending before the learned Court of the Special Judge, Vigilance, Bolangir, has been called in question in this Revision.

2. The background facts of the case are that an FIR was registered by the DSP, CID, Crime Branch, Odisha, Cuttack on 01.09.2014 against the Petitioner and others on allegations of corruption in the recruitment process of RI/ARI/Amin in Bolangir district for the year 2012. The matter was subsequently transferred to the Vigilance Department, where Sambalpur Vigilance P.S. Case No.78 of 2014 was registered and investigation commenced.

3. During the course of investigation, it was ascertained that pursuant to the direction of the Government in the Revenue and Disaster Management Department vide Letter No. NGE(B)-VIE- 73/2011(Pt) 49393/R&DM dated 01.12.2011, the then Collector, Bolangir issued an advertisement dated 17.12.2011 inviting applications for filling up 13 posts of RI, 17 posts of ARI, and 20 posts of Amin. The last date for submission of applications was 20.01.2012. Subsequently, a corrigendum was issued by the Collector enhancing the number of posts, but the last date for submission of applications remained unchanged. In response, 744 applications were received for the post of RI and 2076 (including special drive) for the posts of ARI/Amin. Of these, 134 RI applications and 353 ARI/Amin applications were rejected during verification. Out of 610 valid RI applications and 1723 valid ARI/Amin applications, 241 RI candidates and 616 ARI/Amin candidates were disqualified during the physical test. Ultimately, 369 candidates for RI and 1107 candidates for ARI/Amin appeared in the written examination conducted during the tenure of Sri Debaraj Mishra, IAS, the then Collector, Bolangir.

Sri Mishra formed a Recruitment Committee consisting of four OAS officers and six DWOs, with himself as Chairman. After completion of the written examination on 09.06.2013, the answer sheets were kept in sealed condition under his custody. On 15.06.2013, during evaluation, it was found that the sealed answer papers had been opened and manipulated. Despite this, marks were awarded on the manipulated answer sheets under the Collector's direction, resulting in the selection of undeserving and ineligible

candidates while genuine candidates were deprived of employment. Some underqualified and underage candidates were also appointed. The Recruitment Committee thus conferred undue official favour and pecuniary advantage to favoured candidates, constituting prima facie criminal misconduct.

The investigation further revealed that recruitment for RI/ARI/Amin posts in Bolangir district had initially begun in 2008. Applications were invited vide Advertisement No.1756/Estt. dated 23.07.2008 by the then Collector, Sri Kasinath Sahu, against one post each of ARI and Amin under the Special Drive for SC/ST. Although 258 candidates applied and appeared for the physical test, the process was halted midway. In 2011, the Government of Odisha, vide Letter No. NGE(B)-VIE-73/2011(Pt) 49393/R&DM dated 01.12.2011, directed filling up of 54 posts (RI-13, ARI-17, Amin-24). Accordingly, Advertisement No.2887/Estt. dated 17.12.2011 was issued during the incumbency of Sri S. N. Dey, IAS, the then Collector, Bolangir. Later, the vacancy position increased by nine posts (RI-2, ARI-3, Amin-4) vide Letter No.52933 dated 22.12.2011, and Corrigendum No.2732/Estt. dated 24.12.2011 was issued. In response, 744 applications for RI and 1818 for ARI/Amin (total 2562) were received. Verification was conducted on 22.04.2012 and 27.04.2012, during which 134 RI applications and 334 ARI/Amin applications were rejected. Thus, 610 RI and 1484 ARI/Amin candidates were found eligible for the physical test. Additionally, 239 eligible candidates from the 2008 recruitment were also included.

Subsequently, Sri Debaraj Mishra, IAS, joined as Collector on 03.08.2012. Under his order in File No.XV-10/2012, a Selection Committee was formed to conduct the physical test of candidates from 11.12.2012 to 15.12.2012. The Petitioner, Miss Aneeta Panda, OAS, then Deputy Collector, acted as Convener of the Committee. Another Committee, vide Order No.01/Estt. dated 01.01.2013, conducted the Special Drive physical test for SC/ST candidates on 10.01.2013. A total of 369 RI candidates and 907 ARI/Amin candidates qualified for the written test.

The Government of Odisha, Revenue & Disaster Management Department, communicated further sanction for 52 RI and 52 ARI posts (total 104) vide Letter No.54902/R&DM dated 20.12.2012, along with Letter No.197/Rev dated 06.03.2013 of the Board of Revenue, received at the Collectorate on 20.03.2013. Meanwhile, the Government decided to conduct a Hi-Tech Aerial Survey of Bolangir District from June 2013 and instructed that all vacancies be filled to facilitate the survey. Consequently, Corrigendum No.1129/Estt. dated 04.06.2013 was issued enhancing the posts to 109 (RI-67, ARI-73, Amin-29), just five days before the written examination. This corrigendum was objected to by the Secretaries to RDC (ND), Sambalpur, in their Joint Enquiry Report. Pursuant to Order No.967/Estt. dated 09.05.2013, Miss Aneeta Panda, Deputy Collector (Establishment), collected the question papers and model answer sheets (scoring keys) in sealed covers from BSE, Odisha, Cuttack on 20.05.2013. However, as per Order No.1031/Estt. dated 20.05.2013, only the question papers were deposited in the District Treasury on 21.05.2013; the model answer

sheets remained with Sri Mishra, IAS, which indicated his mala fide intention.

To ensure transparency, the sealed model answer keys should have been deposited in the Treasury along with the question papers and retrieved only on the date of evaluation (15.06.2013). On 04.06.2013, Miss Panda endorsed a proposal for opening the Treasury Strong Room on 09.06.2013 to bring the question papers for the written examination and to re-deposit the used answer sheets afterward. Two draft letters addressed to the Treasury Officer, Bolangir, were prepared and signed by Miss Panda, and approved by the Collector. However, the draft concerning the re-deposit of answer sheets remained unsigned by the Collector. Records revealed that a Recruitment Committee was purportedly constituted vide Order No.321 dated 04.02.2013 under the signature of the Collector, with himself as Chairman; Miss Aneeta Panda, Deputy Collector, three BDOs, and the DWO, Bolangir, as members. However, all five members denied receiving Memo No.322/Estt. dated 04.02.2013 and were unaware of such a committee until 21.06.2013. Further, the order was not processed through official channels, and entries in the "Letter Issue Register" and Peon Book were found manipulated.

On 07.06.2013, the Collector convened a preparatory meeting directing that answer sheets after the written test be deposited at the Emergency Operation Centre (EOC), located within his residential campus, instead of the District Treasury- indicating his intention to keep custody for manipulation. The written test was held on 09.06.2013 in two centres-Rajendra

College and Women's College. After the exam, answer sheets were deposited at the EOC in sealed covers in the presence of the Collector, who retained the keys of both the almirah and EOC building. Computer tests were conducted on 12.06.2013 and 13.06.2013, and those answer sheets were also kept under his custody. On 15.06.2013, during evaluation, the answer sheets were found opened and tampered with. Despite objections from OAS officers and ministerial staff, the Collector directed them to award marks even on manipulated papers. Some ministerial staff and junior clerks were compelled to sign answer sheets they had not evaluated.

Investigation revealed that no specific order was ever passed assigning any recruitment duties to Sri Niranjan Tripathy, Head Clerk, although he had initiated several crucial notes and orders, indicating his active involvement. Some unsuccessful candidates also stated that he demanded bribes prior to issuing appointment orders. Consequently, the then Collector, Sri Debaraj Mishra, IAS, was arrested on 07.11.2014, and Sri Niranjan Tripathy on 22.06.2015. Since the recruitment process was found to be grossly irregular and tainted with favoritism, prima facie evidence was found against several officials, including Sri Debaraj Mishra, IAS (Retd.), Miss Aneeta Panda, OAS (Ex-Deputy Collector), Sri Raghunath Mundari, OAS (Ex-BDO, Puintala Block), Sri Binod Bihari Dash (Ex-BDO, Sadar Block), Sri Ripunath Suna (Ex-BDO, Saintala Block), Sri Babu Maharana (Ex-DWO, Bolangir), Sri Niranjan Tripathy (Ex-Head Clerk), and many others numbering 45, for abusing their official positions, showing undue favour to

undeserving candidates, and conferring pecuniary benefits upon them by manipulating the recruitment process. Accordingly, charge sheet was submitted on 31.03.2018 on the basis of sanction accorded by the State Government, Odisha, for prosecution of the above-named public servants under Sections 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act and Sections 120-B/465/471/477-A of the IPC.

4. Mr. B. P. Tripathy, learned Senior Advocate appearing for the Petitioner, assailed the impugned order and submitted that the learned court failed to appreciate that the Petitioner had participated only in a limited portion of the recruitment process. It was emphasized that the composition of the Recruitment Committee was subsequently altered, and the Petitioner ceased to be a member thereafter. It was further contended that the Petitioner had merely acted under the direction of the then Collector to collect the sealed question papers and model answer sheets from the Board of Secondary Education, Odisha, Cuttack. While the sealed question papers were duly deposited in the District Treasury, the sealed packet containing the model answer sheets was handed over by the Petitioner to the Collector, as instructed. In this backdrop, it was argued that the Petitioner had no role whatsoever in the process of evaluation and, despite being shown as a Member of the Recruitment Committee, she had neither knowledge of its subsequent reconstitution nor any association with its later proceedings. Consequently, there is no material on record to prima facie indicate that the Petitioner had any direct or indirect knowledge of, or involvement in, the alleged manipulation or

forgery. It was further submitted that the charge sheet itself makes it evident that, after depositing the sealed question papers and handing over the model answer sheets to the Collector, the Petitioner did not participate in any further stages of the recruitment process. Mr. Tripathy, also pointed out that in a similar factual context concerning the co-accused, Binod Bihari Dash, a Co-ordinate Bench of this Court, upon considering analogous facts, found it appropriate to set aside the impugned order and directed the learned trial court to consider the said accused's application for discharge afresh on its own merits, uninfluenced by any observation of this Court.

5. Mr. Sangram Das, learned Standing Counsel for the Vigilance Department, did not dispute the aforesaid facts and submitted that the view expressed by the Co-ordinate Bench of this Court in CRLREV No.584 of 2022, as placed before this Court by the learned counsel for the Petitioner, may also be taken into consideration.

6. In view of the above and upon considering the submissions advanced by Mr. Tripathy, learned Senior Advocate, as well as the facts emerging from the charge sheet, this Court finds that several of the contentions raised by the Petitioner, particularly regarding her limited role in the recruitment process, the absence of any material indicating her participation in or knowledge of the alleged manipulation, and the circumstances relating to the purported constitution of the Recruitment Committee require a comprehensive and specific examination by the learned trial court.

7. From the record, it appears that the learned trial court, while passing the impugned order, did not advert to or deal with the grounds urged by the Petitioner and proceeded to reject the discharge application without adequate consideration of the materials placed before it.

8. In CRLREV No.584 of 2022, in a substantially similar circumstance involving a co-accused, the Co-ordinate bench of this Court had held that such a perfunctory approach could not be sustained and directed reconsideration of the discharge application on its own merits, uninfluenced by any prior observations. Applying the same principle of propriety and fairness to the present case, this Court is of the considered view that the learned trial court must revisit the Petitioner's discharge application and evaluate the contentions raised therein in the light of the materials available on record.

9. Accordingly, the impugned order dated 20.12.2022 passed by the learned Special Judge (Vigilance), Bolangir warrants interference. The matter is remitted to the learned trial court, which shall hear and dispose of the Petitioner's application for discharge afresh, strictly on its own merits and without being influenced by any observation made by this Court.

10. The CRLMC is accordingly disposed of.

(Chittaranjan Dash)

AKPradhan

Signed by: ANANTA KUMAR PRADHAN Designation: Sr. Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA Date: 10-Nov-2025 17:24:21