RAMESH LAXMAN NAIK MANDREKAR Vs. STATE

JUDGEMENT

(1.) All the three Criminal Revision Applications are being disposed of by this common judgment and order as the issue involved in all the three revisions is same inasmuch as the revision petitioner/original accused nos.3,4 & 5 have asked for discharge from Special Case No.4/2003 pending before Special Court, North Goa, Panaji. All the three revision petitioners have prayed for quashing and setting aside the order dated 25/06/2008 passed by learned Special Judge, North Goa, Panaji vide which charges were directed to be framed against the present petitioners along with other co-accused.

(2.) Heard learned Counsel for respective petitioners. Also heard learned Public Prosecutor for the respondent, State, through CBI, Panaji- Goa. Prior to appreciating the rival submissions on the aspect whether the petitioners can be discharged from the proceedings, certain earlier events and certain admitted position can be narrated in order to have proper perspective of the case.

(3.) On or about 25/10/1999, First Information Report came to be lodged against the present petitioners and other co-accused for the offences punishable under Sections 420 and 120-B of the Indian Penal Code and also punishable under Sections 13(1)(d) read with Section 13(2) of Prevention of Corruption Act, 1988. The prosecution case in nutshell is that sometime during the years from 1992-97 the original accused no.5, the petitioner in Criminal Revision Application No.45/2011, then Superintendent Engineer, PWD, Goa and working as Deputy General Manager (Engineering) of Economic Development Corporation (EDC), entered into a conspiracy with original accused no.1, then General Manager and Managing Director of EDC, accused no.2, then Executive Engineer, PWD, accused no.3 i.e. petitioner in Criminal Revision Application No.50/2011, Managing Director of M/s. Shrikhande Consultants Private Ltd. and accused no.4 i.e. petitioner in Crimial Revision Application No.58/2011, the partner of M/s. Shirwaikar Electrical Enterprises (for short, S.E.E.). In pursuance of said conspiracy accused nos.1 & 5 abused their official position as public servants and in furtherance of the said conspiracy a pecuniary loss was caused to the Government of Goa to the tune of Rs.39.00 lakhs and odd in the matter of giving tender for construction of Sewerage Treatment Plant (for short, STP) on the land as EDC Plaza at Patto, Panaji. Without going much into details as to what had earlier happened and how the said tender/contract was given to accused no.4 i.e. petitioner in Criminal Revision Application No.58/2011 at the instance of directions from the Hon'ble Apex Court, suffice it to say that accused no.4 was allotted the said contract for Rs.82.00 lakhs and odd. As per the terms and conditions of the tender the contract work of sewerage treatment plant was to be completed by March, 1994, but it was not so done and EDC paid total Rs.123.00 lakhs and odd to M/s. S.E.E. of accused no.4 and even after 8 years the work was not completed or commissioned.