The Odisha High Court on Friday quashed the state vigilance case against CRPF DG and former Odisha DGP Prakash Mishra over allegations that he favoured some suppliers in 2009 during his tenure as the CMD of Odisha Police Housing and Welfare Corporation. The High Court which had reserved the judgement in April this year, ordered the vigilance case lodged against the 1977-batch Odisha cadre IPS be quashed forthwith. “It’s not uncommon that honest and upright officers are victimised by political establishments,” justice SC Parija said in his order. Holding that there was no prima facies case against Mishra, the HC said the director of vigilance did not “ensure free and fair investigation before registering a case against the officer”.
Soon after the order, Mishra told TV channels that the HC judgement was a victory for “truth and justice”. The vigilance case lodged in September last year, weeks ahead of the selection of CBI chief, had spoiled all chances of Mishra getting to the top post. On September 20, the Bhubaneswar vigilance division had registered a case against Mishra, then special secretary in Ministry of Home Affairs, under section 13(2) and 13(1)(d) of Prevention of Corruption Act, 1988 and section 409 and 120-B of Indian Penal Code alleging that during his tenure as CMD of Orissa Police Housing and Welfare Corporation, advance payment of Rs 59 crore was made to some steel and cement suppliers in 2009 against existing rules. Mishra then moved a petition in the High Court seeking quashing of the FIR against him. “A case is being made out as if I ran away with the money. Even when I became DGP, no one ever asked me to explain the alleged irregularities. If the vigilance officials conducted an inquiry before lodging the FIR, then I should have been asked to explain. What sort of inquiry is this,” Mishra had told Indian Express last year. Mishra who was appointed as the DGP in July 2012, successfully controlled the Maoist menace in southern Odisha districts and conducted an incident-free Lok Sabha and Assembly polls in the State in April last year. However, Mishra’s relationship with Chief Minister Naveen Patnaik soured after he allegedly refused to help the ruling BJD in 2014 election. Though the State Government in December 2013 placed Mishra’s name in the offer list for central deputation, it had withdrawn the offer in May citing acute shortage of officers in IPS cadre. After Union Home Minister Rajnath Singh in July last year sought Mishra name for the post of special secretary in MHA, Chief Minister Naveen Patnaik shunned him out from the post of State DGP to the a relatively inconsequential post of CMD of the Odisha State Road Transport Corporation. CM Patanaik brought in Sanjeev Marik, a relatively junior officer with a controversial past as new DGP. As Patanaik played hardball in relieving Mishra for central deputation, the issue threatened to take the shape of Centre-State collision.
Prasanta Patnaik