MAYADHAR PANIGRAHI Vs. STATE OF ORISSA VIG

JUDGEMENT

(1.) The petitioner Mayadhar Panigrahi who was the Project Director of Odisha Health System Development Project (hereafter for short 'OHSDP') has challenged the impugned order dated 30.05.2016 passed by learned Addl. Special Judge (Vigilance), Bhubaneswar in T.R. No.42 of 2010 in rejecting the petition under section 239 of Cr.P.C. filed by the petitioner for discharge. The said case arises out of Bhubaneswar Vigilance P.S. Case No.28 of 2008 in which charge sheet has been submitted under section 13(2) read with section 13(1)(d) of the Prevention of Corruption Act, 1988 and section 420 read with section 120-B of the Indian Penal Code.

(2.) On 30.06.2008 Shri G.R. Mohanty, Deputy Superintendent of Police, Vigilance Cell Unit, Bhubaneswar submitted the first information report before the Superintendent of Police, Vigilance, Bhubaneswar Division, Bhubaneswar stating therein that in connection with the irregularity committed in the implementation of 'OHSDP', a World Bank assisted project pertaining to supply of drug and medical consumable, an inquiry was taken up and during course of inquiry, it was revealed that on 21.08.2004, the petitioner as Project Director of OHSDP invited National Competitive Bids (NCB) for forty-two types of drugs and ten types of medical consumables. In response to the notice inviting tender, sixty-four tenders were received. The tenders were placed before the Bid Evaluation Committee (BEC) consisting of Director, Health Services, Director, Medical Education and Training, Director, Family Welfare, Asst. Drug Controller, Asst. Director, EPM, Dy. Director, SDMU, Joint Director and Asst. Director of OHSDP on 212004. Out of forty-two nos. of drugs and ten nos. of medical consumables, the BEC selected twenty-four nos. of drugs and eight nos. of medical consumables. Among the rejected items, Gamma Benzene Hexa Chloride was one, as BEC found bids of all the four bidders to be non-responsive and the comparative statement of the bids for the said item was as follows:-

(3.) M/s. Glenmark Pharmaceuticals Ltd., Nasik Rs.57,60,000.00 (L-3)