PEETHANI VENKATA SURESH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This petition is filed by the petitioner / A-11 seeking anticipatory bail in the event of his arrest in connection with Crime No.03/RCO-CIU-ACB/2020 on the file of Anti-Corruption Bureau, C.I.U, A.P. Vijayawada for the alleged offences punishable under Sections 408, 409, 417, 418, 420, 468, 471, 120-B r/w 34 IPC.

(2.) The case of the prosecution and the relevant portion of the complaint against the petitioner is that the Government of India enacted the Employees State Insurance Act 1948 for extending Primary, Secondary and Super Specially Health Care Services to the employees, who are earning less than Rs.21,000/- who are covered under ESI scheme are entitled for medical facilities for self and dependents. The employees of State Insurance Scheme are being monitored by the Department of Medical Services and it comes under the control of Principal Secretary, Labour, Employment, Training and Factories. The Director, IMS (DIMS) is the head of the Department to implement ESI scheme. Two Joint Directors (Vijayawada and Kadapa) are working under the Director, IMS to look after the supervision of ESI Dispensaries and Panel Clinics. It has come to the notice of the Government that the Directors and Staff of Insurance Medical Services (IMS), AP, Vijayawada during the period 2014-2019 procured drugs and medicines, medical equipment, surgical equipment, laboratory kits, furniture etc., and also purchased bio-metric machines at higher rates by violating the established procedure.

(3.) It is further case of the prosecution that one Varakuri Yesashvi, Proprietor and competent person of M/s Jercon Enterprises at Bhavanipuram, Vijayawada in his statement admitted that as per the oral instructions of the then Director of ESI, he submitted one quotation belonging to his firm and two quotations of two other firms by mentioning his firm's quotation for the lowest price as informed by DIMS staff. He paid 10% of order amount to the petitioner /A-11 (son of the then Minister Pithani Satyanarayana), 10% of order amount to A-1 and A-2 (Directors of ESI), 5% of order amount to A-8 (Joint Director, ESI, Kadapa) and 5% of order amount to A-6 and A-7 (employees of ESI) towards bribe for issuing purchase orders.