- (1.) THIS bail application is in relation to the NRHM Scam. The applicant being the then Chief Medical Officer, Varanasi, has been charge -sheeted. The allegations against the applicant that have been pointed out by the learned Counsel for the parties as contained in the charge -sheet is extracted herein under: - "Investigation revealed that Dr. Ramsaran Verma was posted as a CMO, Varanasi, during the period 2009 to 2010. He was signed and issued a letter dated 2.5.2009 for submission of quotations only to three firms namely M/s. S.K. Distributors, M/s. Shyam Medical Agency and M/s. Natraj Medicines and Surgicals all are of Varanasi. Thereafter, the aforesaid three firms were submitted their quotation alongwith the rate of list of medicines to Dr. L.C. Yadav, the then Addl. C.M.O. (Stores). The quotations were opened by Dr. Ramsaran Verma the then CMO, Varanasi. Investigation further revealed that out of 38 items as shown in the comparative chart dated 18.5.2009. M/s. S.K. Distributors owned by Shri S.K. Pandey quoted lowest. Investigation further revealed that M/s Natraj Medicines and Surgical, Bullanala, Varanasi, on being contacted denied having submitted the quotations. It is M/s Shyam Medical Agency which also submitted quotations thereby establishing the fact that quotations were arranged and fixed by Shri S.K. Pandey, Prop. M/s S.K. Distributors.
(2.) THE aforesaid acts of Dr. R.S. Verma, the then CMO and his close associates not insisting to purchase the medicines from the DGS&D rates or ESI Rate Contract or from manufacturer and also not insisting on open tendering when the amount spent in lakhs and by issuing three letters to the firms established that he was abusing his official position to cause undue benefit to the contractor. There is nothing on record to show dispatch the letter and letter received from M/s Natraj Medicine and Surgical having denied to submit quotations substantiates the criminal conspiracy between the accused government officials and the suppliers. Thereafter, Dr. Ramsaran Verma, the then CMO, Varanasi, approved the same in favour of accused firm dishonestly being head of the Purchase Committee.
(3.) INVESTIGATION revealed on the basis of said quotations. Dr. Ramsaran Verma, the then CMO in collus on with Dr. L.C. Yadav, Addl. CMO (store), Shri Parshuram Maurya, the then AO, and Shri Surender Kumar Pandey, Prop. Of M/s S.K. Distributors by getting medicines worth Rs. 20,80,750/ - supplied at exorbitant rates by issuing 45 numbers of indents between the period from 2.8.2009 to 25.11.2009, without following the instruction of the Government to get the medicines supplied from manufacturers on DGS&D rates or ESI Rate Contract or on proper tendering. Investigation revealed that out of 45 indents, 19 indents, through which 7 medicines were supplied by M/s S.K. Distributors on quotations are in the RC List and available at much cheaper rates and a comparison was made and found that amount of Rs. 7,50,400/ - spent for purchase of medicines, injections and lotions could have been purchased for Rs. 4,21,490/ - through RC thereby causing undue benefit of Rs. 3,28,910/ - to the accused supplier. The aforesaid acts of Dr. Ramsaran Verma, the then CMO, Dr. L.C. Yadav, the then Addl. CMO (Store), Shri Parsuram Maurya, the then Admn. Officer, Varanasi, who is also the 2nd Signatory in the cheques and Shri Surender Kumar Pandey, Prop. Of M/s S.K. Distributors constitute of criminal conspiracy to commit cheating and criminal misconduct to cause undue pecuniary benefit to the tune of Rs. 6,57,758/ - to the private person Shri Surender Kumar Pandey, Prop. Of M/s S.K. Distributors by awarding the contract in violation of instruction of Govt. of India and without calling quotations or tenders or not following the RC rates/DGS&D Rates and without insisting the supply from the manufacturers, thereby abused their official positions.;