HARBANS SINGH RAI,J - (1.) NARINDER Singh, retired Chief Engineer, Tarsem Lal Singla, Executive Engineer, Narinder Parshad, ADE and Banke Bihariwere sent up for trial for offences punishable under Sections 5(1)(d) and 5(2) of the Prevention of Corruption Act, 1947 and Sections 420/120-B IPC before Shri R. M. Gupta, Special Judge, Ropar. He vide his order dated November 20, 1989 declined to frame charge and discharged the accused.
(2.) THE State of Punjab, feeling aggrieved, has filed this revision. A complaint was filed by M/s Laxmi Udyog against the accused which was enquired into by the Chief Engr., Vigilance, Irrigation Dept. After the enquiry by the Chief Engineer, Vigilance, Irrigation Department, Govt. had granted sanction for the prosecution of accused and a case was registered by the Superintendent of Police, Vigilance, PS-1, Punjab, Chandigarh who held investigation and finally filed a report dated March I, 1989 under Section 173 Cr.P.C. which is as under "Sir, Brief facts of the case are that on the complaint of M/s Lakshmi Udyog, Rohtak matter regarding the sale/disposal of empty cement bags by Satluj Yamuna Link, SYL Canal Project Organization was referred to Chief Engineer, Vigilance and Quality Control Irrigation Works, Punjab, Chandigarh by the Irrigation Department of the Punjab Government vide letter No. 14/78/87-1 PPJ (6)/10868, dated 2-6-88 for enquiry. The enquiry was conducted by Shri B.S. Shaheed Technical Examiner-II and Vigilance Officer, I.B. Punjab. Patiala. The enquiry report was submitted to Secretary. Irrigation and Power Department, Punjab, Chandigarh under the signature of Shri P.D. Khanna, Chief Engineer, Vigilance and Quality Control Irrigation Works, Punjab, Chandigarh and this report was sent to Chief Director Vigilance Bureau, Punjab, Chandigarh by Shri Rajinder Singh, IAS, Secretary Irrigation and Power, Punjab, Chandigarh vide D.O. letter No. 18/43/88-IPPI(I)/20542, dated 26/27-10.88. On the basis of this letter, I sent a ruqa on 5-1-89 to SHO/PS Ropar for the registration of case, on the basis of which this case was registered against the accused mentioned in column No. 4. The investigation has been conducted by me and the following circumstances have been revealed from the investigation :- On 22-4-1987 office of the Chief Engineer, Construction SYL Canal Project Punjab, Chandigarh issued notice inviting tenders in the Newspaper for the sale of 20 lacs empty cement bags. In this tender notice there is neither detail regarding classification of empty cement bags nor the condition of "as is where is" basis is mentioned. The arrival of tenders was fixed upto 1.00 P.M. on 21-5-87. But Shri T.L. Singla, XEN (accused) extended the time to receive the tenders upto 2.45 P.M. on 21-5-87. In this connection 7 valid tenders were received. Comparative statement 'A' and 'B' prepared by Shri N.P. Anand, Asstt. Design Engineer (Project) which was inspected by Shri T.L. Singla, XEN. The above tenders gave their own classification in the tenders whereas the classification was not mentioned in the tender notice which were not comparable and the classification of empty cement bags was not obtained from the Field Staff before 21-5-87. The comparative statement 'B' was prepared on the basis of assumed statistics regarding the percentage of classification which had no basis and the rate of Rs. 10 offered by M/s Shakti Traders, Amritsar for the water lodged/damaged and torn empty cement bags was not considered at the time of preparing the comparative statement On the basis of above comparative statement, Shri N.P. Anand, Asstt. Design Engineer Project (accused) prepared the proposal dated 1-6-87. In this proposal also the rate of Rs. 20 per hundred empty cement bags offered by M/s Shakti Traders Amritsar regarding the water lodged/damaged/torn empty cement bags was over looked and on the basis of, assumed statistics the average rate of M/s Shakti Traders Amritsar was worked out 89.19 paise per hundred empty cement bags which was the highest. Earlier tenders were called by XEN, Mechanical Division, Kurali for the sale of one lac empty cement bags and the highest rate offered by the tenders was Rs. 85/- per hundred empty cement bags on "as is where is" basis and Superintending Engineer, SYL Canal Project Circle No. 2 Punjab, Chandigarh had referred the matter for the approval of sale of 2 lac empty cement bags to the office of Chief Engineer, SYL Canal Project, Punjab, Chandigarh. In the said tender the condition of "as is where is" basis was imposed for the sale of empty cement bags. This matter was pending for approval in the office of Chief Engineer, SYL Canal Project at the time when tenders for the sale of 20 lac empty cement bags were invited and this also finds mention in the sale proposal of 20 lacs empty cement bags. Shri T.N. Singla, YEN (accused) sent the case of tenders of 20 lac cement bags to Chief Engineer for approval vide his Note dated 687, where in it was recorded that uniform rates were not offered by the tenders and the direct comparison was not possible. But keeping in view the special details given in the tender of M/s Shakti Traders, Amritsar the rate of the said firm was the highest and 4 types of rates have been offered and the classification might be left to be concerned XENs and the matter was put up before the Chief Engineer for the approval of rate offered by M/s Shakti Traders, Amritsar. Shri N.S. Gill, Chief Engineer (accused) gave his approval on 2-6-87. The orders were issued vide letter No. 699/SYL/Construction/87/PR-61, dated 4-6-87 to Superintending Engineer, SYL Circle No 2, Punjab, Chandigarh for the disposal of 5 lac empty cement bags on the basis of above said approval. In these orders 4 different rates were mentioned for 4 different categories of empty cement bags and these orders bear the signature of Shri T.L. Singla, XEN. In this order it is specially mentioned that approval has been given by Chief Engineer Construction. SYL Canal Project, Punjab, Chandigarh under Rule serial No. 28, PFR Volume-I, whereas in this case Sr. No. 27 of Rule 19.14A, PFR Volume-I is applicable wherein the Chief Engineer was made competent to declare certain store surplus unserviceable upto Rs. 50,000/-. In this manner Sh. N. S. Gill, Chief Engineer dishonestly abused his official position by giving approval to rates offered by M/s Shakti Traders, Amritsar which were worked out on assumption basis. After opening the tenders of 20 lac empty cement bags in letter No. 682-83/SYL/Const./87/FR61, dated 22-5-87 was issued by Chief Engineer, Canal SYL Punjab to Superintending Engineer, SYL Circle-II, Punjab, Chandigarh wherein it was mentioned that the tenders for empty cement bags were opened on 21-5-87 and highest rate of Rs. 110/- per hundred empty cement bags was offered for such empty cement bags where colour was not faded and "Kanni Cut", Query was also made if such type of empty cement bags were available or not. Copy of this letter was also sent to Superintending Engineer, SYL Circle No. if, Punjab, Chandigarh for getting above information. This rate was at par with the highest rate offered by M/s Lakshmi Udyog Rohtak and at the time of opening tender on 21-5-87 at 3.00 P.M. it was declared in the presence of tenders that the rate offered by M/s Lakshmi Udyog, Rohtak was the highest. It has been revealed from the investigation that the enclosures attached with the quotation M/s Shakti Traders, Amritsar which is on a printed letter pad of the firm and written by the proprietor of the said firm wherein it has been mentioned that 22 paise per bag shall be offered more than the rate offered in 1st class bag. This enclosure was attached after the opening of the tender, at the time of opening the tender. This rate was not read out in the presence of the tenders. Sh. N.S. Gill, Chief Engineer Construction Canal Project, Punjab, Chandigarh gave approval on 31-8-87 to place order for 5 lac more empty cement bags with M/s Shakti Traders, Amritsar. After the retirement of Sh. N. S. Gill, Chief Engineer (accused) on 31-12-87 matter was placed before Sh. V. Gopal Krishnan Chief Engineer, by S/Sh. N.P. Anand and T. L. Singla, XEN (accused) to get the approval regarding the release of 10 lac remaining empty cement bags. Sanction was given by him for the release of 55 lac empty cement bags on 7-3-88 and 10-5-88. On the basis of release orders issued by the office of Chief Engineer. Construction SYL 17,91,39 empty cement bags of 4 different categories were sold to M/s Shakti Traders, Amritsar at different rates by the Satluj Yamuna Link Canal Organization. The amount of Rs. 8.45,362.54 was received from the said firm. In this manner the average rate of cement bags sold comes to 47 paise per E.C. bag. If this rate is compared with the tender rate of Rs. 85 per hundred empty cement bugs which was sent by XEN, Kurali Mechanical Division for approval to the Chief Engineer, Construction SYL Punjab, Chandigarh which was not approved then the SYL Organization was put to a loss of Rs. 6,77.340.61 in the year 19-7-1988. SYL Organization sold the cement bags at the rate of Rs. 80 to Rs. 150/- per hundred on the basis of "as is where is" at the level of XENs. But Sh. N.S. Gill, Chief Engineer, T.R. Singla, XEN and N.P. Anand, Asstt. Design Engineer (accused) while abusing their official position centralised the sale of empty cement bags on 22-4-87 and in connivance with M/s Shakti Traders, Amritsar approved the tender for the sale of 20 lac cement bags at the highest rate arrived at on the basis of wrong statistics and SYL Canal Organization was put to loss. Evidence has come on the file to challan the accused and the accused are on bail from the court of Additional Session Judge, Ropar. Challan against accused of column No. 4 is submitted for trial".
(3.) WHEN the case came up for charge, the accused filed an application for summoning some documents, photostat copies of which were attached with the application. The accused alleged that these documents were relevant for consideration before framing the charge. This application was opposed by the Additional Public Prosecutor who challenged the right of the accused to summon the documents. The learned Additional Sessions Judge, Ropar i.e. the Special Judge Ropar vide his order dated October 19, 1989 allowed the application and directed the Additional Public Prosecutor to admit or deny the genuineness of the documents. The learned Additional Public Prosecutor admitted the documents and the learned trial Judge discharged the accused disbelieving the prosecution case. In disbelieving the prosecution case, the learned trial Court relied heavily on the documents produced by the accused and admitted by the learned Additional Public Prosecutor.;