P.K.LOHRA,J. - (1.) Petitioner, State of Rajasthan, has preferred this revision petition under Section 379 read with Section 401 Cr.P.C., 1973 to challenge order dated 2nd of July 2015 passed by Special Judge (Prevention of Corruption Cases), Udaipur (for short, 'learned trial Court'), discharging respondents for offence under section 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 (for short, 'Act of 1988') and Section 120-B IPC in Criminal Regular Case No. 08/2006.
(2.) Succinctly stated, facts of the case are that, on 30th of September 1997, tender was opened for construction work of approach aqueduct at Jagpura under the Mahi Project, Banswara and tender of fourth respondent was accepted. Acceptance of tender of fourth respondent followed execution of an agreement between fourth respondent and Executive Engineer (EEB&RC) on behalf of Governor of the State of Rajasthan, incorporating terms of the contract including commencement and completion of the work. Although as per agreement, PVC water stop seal was to be supplied by the department but due to its non-availability during execution of the work, third respondent Executive Engineer sent a requisition to second respondent Superintending Engineer, whereupon, second respondent made an endorsement that contractor himself may arrange the above item and sent the file to first respondent Chief Engineer through Accounts Officer. Subsequently, first respondent Chief Engineer sent back the file to second respondent Superintending Engineer and he prepared a note-sheet permitting the contractor to purchase item @ 485 per meter and finishing charge 0.55 rupee per cubic meter and added 09.9% premium upon it.
(3.) Thereafter, first respondent Chief Engineer ordered for additional items of a sum of Rs. 23,28,792. Alleging irregularities in execution of work, a case under the Act of 1988 was registered against all the respondents and after completion of investigation all of them were charge-sheeted for the aforesaid offences. In the charge-sheet, it is spelt out that as per tender agreement cost of these items after adding RST and CST cumulatively comes out to Rs. 419 per meter and therefore additional amount of Rs. 66.80 per meter paid to the contractor has caused loss to the department to the tune of Rs. 2,38,155.;