Meena V. Gomber, J. - (1.) - By way of above-mentioned five criminal revision petitions, the accused petitioners have assailed the order dated 19.7.2010 passed by Special Judge, C.B.I. Cases, Jaipur, in Criminal Case No. 4/2010, whereby charges for offence under Sections 120B IPC read with Section 13(1)(d) and 13(2) of Prevention of Corruption Act, 1988 (hereafter to be referred to as 'the Act'), had been framed against them.
(2.) Briefly stated facts of the case relevant for the purpose of disposal of these petitions are, that an information was received by C.B.I. to the effect that Mr. K. Ponnuchamy, Chairman & Managing Director, Mr. O.P. Jain, Financial Advisor cum General Manager (Accounts), and Mr. Dwarkesh Shukal, General Manager Technical, while working as such, as public servants in the Hindustan Salt Ltd./Samber Salt Ltd., in connivance with the private persons of M/s Goel Scientific Glass Works Pvt. Ltd., Ajwa Road, Baroda (Gujarat), entered into a criminal conspiracy, and by their acts of commission and omission, caused a wrongful loss to the tune of Rs. 1.14 crore to the Hindustan Salt Ltd./Samber Salt Ltd., and corresponding wrongful gain to themselves in awarding work order for the installation of 450 TPA Bromine plant at Kharaghoda (Gujarat) against the conditions laid down in the Notice Inviting Tenders (NIT) and violating CVC guidelines.
(3.) Regular Case No. RC JAI 2007 A 0019 under Section 120B IPC and 13(1)(d of the Act was registered on 18.12.2007. From the statements of 1 witnesses recorded during investigation as also from the documents, as well as expert opinion obtained by Investigating Officer, it revealed that so as to increase the capacity of its Bromine plant at Kharaghoda (Gujarat) from 450 TPA to 900 TPA plant, fund of Rs. 3.60 crore was received by HSL/SSL. Therefore, a NIT was published on 3.4.2004 inviting Detailed Project Report (DPR) to Install 450 TPA Bromine plant at Kharaghoda, and M/s. Goel Scientific Glass Works Pvt. Ltd., Baroda, was awarded the work order on 17.9.2004 at a cost of Rs. 5 lac (excluding taxes) for preparing the Detailed Project Report. The DPR dated 13.8.2005 was prepared by M/s. Goel Scientific Glass Works Pvt. Ltd. on 4.10.2005 and as per the DPR the project cost under different heads was shown as 349.82 lac and this work comprised of Erected Plant & Machineries, Plant Building & Civil Construction and for other miscellaneous expenses like Preliminary and Pre-operative expenses, Contingencies etc.;