SHAILESH H KULKARNI Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule. Returnable forthwith. Heard finally by consent of parties.

(2.) On 23.12.2002 an agreement was entered into between the petitioner and respondent no.3 (The Divisional Railway Manager, South East Central Railway, Nagpur) for the work of "Painting of Girder Bridges, FOB and Passenger Platform Shelter" under the jurisdiction of the said railways. However, on 8.4.2003 the said agreement was prematurely terminated by respondent no.3. Thereafter, respondent no.3 entered into another agreement with M/s. Amin Construction Company, Nagpur. On 14.5.2003 the petitioner referred the dispute to the arbitrator. During the pendency of the dispute before the arbitrator, the petitioner lodged a report at Police Station, Sadar on 21.7.2005 about production of false and bogus postal receipt by the railways before the arbitrator. According to the petitioner, offences punishable under sections 193, 204 of the Indian Penal Code were committed by the railways. Since no cognizance thereof was taken, on 12.4.2007 the petitioner filed Criminal Case No.1208/2007 before the Judicial Magistrate, First Class, Court No.7, Nagpur and the matter is pending before JMFC. It seems that during the pendency of the same dispute, the petitioner also moved respondent no.5 (Central Bureau of Investigation) raising grievances to the effect : i) that M/s. Amin Construction Company, Nagpur purchased paint from unapproved dealer, ii) that false and bogus receipts-cum-challans dated 1.2.2004 were procured by M/s Amin Construction Company, Nagpur from Shalimar Paint, iii) that a false and bogus paint testing certificate was obtained though no paint was sent for testing and iv) that several irregularities were committed by the officials of the railways in this connection.

(3.) It seems that respondent no.5 (CBI) conducted discreet inquiry into the allegations made by the petitioner. The Inquiry Officer namely Deputy Superintendent of Police, CBI, ACB, Nagpur found prima facie truth into the allegations.