S N PRASAD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) SINCE both the above mentioned criminal revision petitions arise out of common order hence they are decided by this common order. These Criminal Revisions mentioned above u/s 397 read with Section 401 Code of Criminal Procedure, 1973 (hereinafter referred to for short, " Cr. P. C".) preferred by the applicants, being aggrieved from the order dated 30.11.2010, framing of charge u/s 13(1)(d)(ii) read with section 13(2) of the Prevention of Corruption Act, 1988 (for brevity hereinafter referred to 'the P. C. Act) and also u/s 120-B of the Indian Penal Code (for short 'the IPC' ) by Special Judge, (constituted under the Provisions of the P.C. Act, 1988) Khandwa, in Special Case No.3/2010 (State of M.P. vs. Shivnath Prasad and two others).

(2.) IT is an admitted fact that in criminal revision no. 2116/2010 applicant no.1 S.N.Prasad was the then Chief Engineer in Public Works Department ( for short "PWD"), Indore and applicant no.2 A.K.Shrotiya was the then Executive Engineer, ( PWD), Khandwa, at the relevant time, and now both have been retired from service. in criminal revision no.122/2011 applicant R.P.Tiwari (Private Contractor) is owner and proprietor of M/s Kalka Furniture Industries, Khandwa whose tender was accepted for work. IT is also undisputed fact that the applicant no.2 in direction and supervision of the applicant no.1 being executive engineer, Khandwa called tenders for supply of petty bazaar supply articles, wooden and boards, lime hard-wares and water supply sanitary fittings etc. The total work was to be completed within twelve months. First tender was issued in daily news paper and was published on 28.6.2002 and tenders were opened on 25.7.2002. Three persons have submitted tenders in which complainant Sirajuddin Sheikh a resident of Khandwa quoted the rate 15% below the Schedule of rates ( for short "SOR"). M/s Shakti Industries, Khandwa quoted rate 18% below the Scheduled rate(SOR). M/s Kalka Furniture Industries, Khandwa quoted 23% above the scheduled rate(SOR).

(3.) UNDISPUTEDLY, fresh tender was called on 28.8.2002 in which two bidder namely M/s Rahisuddin Sheikh a resident of Khandwa offered tender 25% above (SOR). Rate and M/s Kalka Furniture Industries, Khandwa offered 22.75 above (SOR) Rate. Work was given to M/s Kalka Furniture Industries, Khandwa as complainant Sirajuddin Sheikh and M/s Shakti Industries, Khandwa were black listed and their earnest money was forfeited at the initial stage. But afterward earnest money of complainant Sirajuddin Sheikh was returned by intervention of High Court.