SUNDARRAJU Vs. STATE REP BY INSPECTOR OF POLICE

JUDGEMENT

(1.) The Criminal Revision Case has been filed against the order passed by the learned Special Judge for CBI Cases at Puducherry thereby dismissed the discharge petition filed in Crl.MP.No.743/2015 by its order dated 30th March, 2016.

(2.) The facts of the case are as follows:

(3.) After clearance of the budget by the Government, the Executive Engineer namely, S.C.B.Mohan (A1) prepared a 'Notice Inviting Tender' for all three projects, without following the Works Manual of the Public Works Department which provides for preparation of a detailed estimate and grant of technical sanction by the Chief Engineer at that stage. The said 'Notice Inviting Tender' was approved by then Chief Engineer, Mr.P.Srinivasan(LW2) for the reason that the projects were proposed to be awarded on 'Lump sum turnkey' basis, under which the successful tenderer would be required to do the entire project including preparation of structural designs/drawings and only based on those designs the detailed estimate could be prepared at a later stage. The 'Notice Inviting Tender' was published on 19th August 2004, with various conditions including that the contractor shall be specialised in Water Treatment Plants and shall have experience in construction of such Plants with electro-chlorination units. The Notice also stipulated that the contractor shall maintain the plants with his own staff and consumables for eighteen months after completion of the project and shall also train the department personnel on the operation and maintenance of the plants. In response to the 'Notice Inviting Tender', applications were presented for participation in the tender by six different contractors. Three out of the six applicants were unceremoniously refused entry into the fray on the grounds, which were not provided under the 'Notice Inviting Tender'. The Junior Engineer of the Public Works Department, namely, K.Jothi Raju(A5) wrongly recommended for the rejection of those three applicants, which were later affirmed by the Assistant Engineer namely, N.Harihara Babu(A6) and the Executive Engineer, S.C.B.Mohan (A1).