MAUVIN GODINHO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These revision petitions arise from the common Order dated 8-12-2006 of the learned Special Judge/Sessions Judge, Panaji, by which charge has been ordered to be framed against the accused for offences punishable under Sections 120 B, 409, 420, 465, 468, 471, I.P.C. and Section 13(2) r/w Sections 13(1)(d)(i) and 13(1)(d)(ii) of the Prevention of Corruption Act, 1988.

(2.) The case against the accused came to be investigated upon a complaint filed by Shri Manohar Parrikar, MLA, Panaji, and it appears that it took different turns depending upon which Government was in power in the State of Goa.

(3.) The case of the prosecution is that A-1/Godinho and A-2/Nagarajan were the Minister for Power and Chief Electrical Engineer, respectively at the relevant time. The allegation is that A-2/Nagarajan was promoted to act as a Chief Electrical Engineer from 5-2-1996 as he was close to A-1/Godinho, the Minister for Power and in preference to Shri Ghali who was senior to him. At the relevant time they were public servants. A-3/Bhandari and A-4/Radhakrishnan were the Managing Director and the Executive Director of A-6/M/s Marmugao Steel Ltd. and A-5/Shri Krishna Kumar was the General Manager of A-7/M/s Binani Zinc Ltd.(Glass Fibre Division) and that they all entered into a criminal conspiracy to cause wrongful gain to the said two companies, namely, A-6/M/s Marmugao Steel Ltd. and A-7/Binani Zinc Ltd.(Glass Fibre Division) and corresponding loss to the Government of Goa by illegal means and in pursuance of the said conspiracy A-1/Godinho and A-2/Nagarajan abused their official position as public servants and showed undue favours to the said two companies/industrial units and by illegal means enabled them to avail 25% rebate on power supply and thereby caused wrongful loss of Rs.4,52,77,856/- to the Government of Goa and corresponding wrongful gain to the said companies.