GUFRAM BEIG Vs. C.B.I.

JUDGEMENT

(1.) These Revision Applications are filed by Applicants who are Original Accused Nos. 1 and 2 challenging the orders dtd. 15/11/2023 passed by the learned Special Judge CBI (ACB Cases), Pune rejecting their applications seeking discharge in Special Case No. 1010/2021.

(2.) Indian Institute of Tropical Meteorology (IITM), Pune is an autonomous body functioning under the aegis of Ministry of Earth Sciences of Government of India. Revision Applicant-Dr. Gufran Beig was holding the position as Scientist-F in IITM and has retired from service. Revision Applicant-Vipin Mali was holding the position as 'Senior Technical Officer, Grade-II' in IITM. IITM implemented a program named 'System of Air Quality and Weather Forecasting And Research' (SAFAR) for monitoring and reporting air qualities in cities. IITM proposed display of results of SAFAR program at strategic locations within cities through Digital Display System. It appears that IITM had already installed Digital Display System in New Delhi. For display of SAFAR data in Pune City, IITM decided to procure Digital Display System for Pune City and surrounding areas. The Digital Display System for SAFAR Pune was to consist of 12 Outdoor LED Displays and 5 Indoor Display systems.

(3.) Applicant-Dr. Gufran Beig (Accused No. 1) was functioning as Project leader at IITM at the relevant time and accordingly prepared an Indent for procurement of Digital Display System for Pune City comprising of 12 Outdoor LED Display and 5 Indoor LED Display at approximate cost of Rs.4.00 crores. The Indent dtd. 4/10/2011 prepared by Dr. Gufran Beig was placed for approval of Director, IITM through Accused No.2-Vipin Mali. When the Indent passed through Accused No.1, he suggested constitution of Technical Evaluation Committee (TEC) and Commercial Evaluation Committee (CEC) and the file was placed before the Director. The Director approved the Indent and also proposal for constitution of TEC and CEC. The TEC finalised the specifications for procurement of Digital Display System and accordingly a tender was floated based on specifications finalised by the TEC. In the tender, four bids were received, which were evaluated by TEC consisting of five members. Two bidders were found to be technically eligible. The final bids were then opened and M/s. Video Wall India Pvt. Ltd. (M/s. Video Walls) was selected as the successful bidder and it was decided to negotiate the rates with him. After the process of negotiation, the CEC recommended purchase of Digital Display System from M/s. Video Walls at the cost of Rs.4.66 crores alongwith one year operation and maintenance contract (OMC). The CEC also recommended award of maintenance contract to M/s. Video Walls for next two to five years at cost of Rs.1.61 crores. Recommendation of the CEC was accepted by the Director of IITM and accordingly the contract was awarded. Accused No.1 issued test report dtd. 26/3/2012 in respect of 12 Digital Display Boards supplied by M/s. Video Walls and it appears that the said displays were installed in the year 2012 in various parts of Pune City.