RITA HANDA Vs. CBI

JUDGEMENT

(1.) THE Ministry of Health and Family Welfare, Government of India (GOI) selected m/s Rail India Technical and Economic Services ("m/s RITES" for short) as a consultant for services including procurement and supply of Vitamin "a" solution to various states of the country, finalizing of tenders and other related activities during the year 1997-98. M/s RITES invited bids and accepted the tender of M/s Reliance Bulk Drugs and Formulations Ltd. (for short "m/s RBDFL")and entered into a contract for the supply of 33136 units @ Rs. 419. 64 per unit of a specified quality.

(2.) IT is stated that at the initial stage itself M/s RBDFL submitted forged bank guarantee B. G. No. BG/1219 dated 19-09-1997 along with forged BG extension covering letters signed by one Shri V. K. Chawla, Managing Director, M/s RBDFL (accused no. 3) and Atul Gupta, Assistant General Manager, M/s RBDFL (accused no. 4) on behalf of M/s RBDFL (accused no. 5) to the Ministry. The aforesaid documents were marked to Ms. Rita Handa/ petitioner, the then Joint General manager, M/s RITES (accused no. 1) and Shri Rajesh Sehra, Accountant, M/s RITES (accused no. 2) for proper verification which is alleged to have not been carried out.

(3.) IT is stated the Ministry issued inspection notes for 17362 units to be supplied to various consignees in Tamil Nadu but M/s RBDFL supplied only 6666 inspected units and supplied sub-standard uninspected units to 8 districts of tamil Nadu. For the said purpose, it got forged signatures and stamps of the consignees on the inspection notes to show that the supplies had been made and claimed payment from M/s RITES on the basis of the same. It is contended that the petitioner and accused no. 2 who were responsible for processing the said documents on behalf of M/s RITES, released the payment of Rs. 72, 85,790/-without making any verification about the delivery of the goods to the consignees and also released the balance 10% payment without prior confirmation from the Ministry.