- (1.) THE Central Bureau of Investigation registered a First Information Report against the petitioner under Section 120/420 of Indian Penal Code read with Section 13(2)/13(1)(d) of Prevention of Corruption Act, 1988 on the allegations that the petitioner along with some officials of Zilla Parishad, South Andaman entered into the criminal conspiracy with nine private firms with criminal intention in execution of the work of improvement and renovation of 6.2 kilo meter road at Radha Nagar under Vijay Naga, Havelock Island and in pursuance of such criminal conspiracy cheated Zilla Parishad, South Andaman. The Central Bureau of Investigation ultimately submitted charge sheet against the petitioner.
(2.) THE quintessence of the charge sheet is that the petitioner caused wrongful loss to the Zilla Parishad by using his power and position and thereby engaged in corruption and benefited himself by cheating Zilla Parishad in execution of the work under reference.
(3.) THE petitioner has misused his power and position. As per the charge sheet, the petitioner, being an Executive Engineer of Zilla Parishad, splitted the work of 6.2 k.ms into four (4) part and thereafter he further splitted those four (4) works into 22 segments to keep the estimated cost of each segment within Rs.10.00 lakhs in order to bring those works within his financial capacity. The further case of the Central Bureau of Investigation is that, though the work was divided in 22 segments, yet the said works were allotted to only nine (9) contractors. Moreover, during investigation, it was found that the materials for improvement and renovation of the road like metals, chips, bitumen etc were never purchased or transported from Port Blair or from mainland to Havelock by sea and the said fact has been duly confirmed by the Central Bureau of Investigation from the report of the Port Management Board. The investigation, accordingly, culminated in filing of charge sheet against the present petitioner and others.;