ASHOK SHARMA Vs. STATE OF M P

JUDGEMENT

(1.) Applicant has preferred this revision under Section 401/397 of the Code of Criminal Procedure being aggrieved by the order dated 25.06.2013 (Annexure A-17) passed by Special Judge (Under Prevention of Corruption Act), Bhopal whereby charges under Section 420 of I.P.C. and Section 13(1)(d) read with Section 13(2) of Prevention of Corruption Act and in the alternative under Section 15 of Prevention of Corruption Act, 1988 had been framed against the applicant.

(2.) Facts in short are that initially crime No.7/2009 has been registered under Section 13(1)(d) and 13(2) of Prevention of Corruption Act (hereinafter referred to as the Act) against applicant Dr. Ashok Sharma and other coaccused persons, Dr. Rajesh Rajora, the then Commissioner, Health Services, M.M. Upadhyay, the then Principal Secretary, Department of Health and Family Welfare and Shri Ajay Vishnoi, the then Minister for Public Heath and Family Welfare, State of M.P. It was further alleged against aforesaid persons that they are being the member of purchase committee has recommended for purchase of anti- Tuberculosis drugs. It is further alleged that a memo of undertaking was signed by Secretary, Govt. of M.P. and the Secretary, Ministry of Health and Family Welfare, Govt. of India, New Delhi on 26/27.11.2005, wherein it was stated that drugs for treatment of Tuberculosis would be supplied by the Central Government and for that purpose, State Government does not make its own purchase and ensure that all Tuberculosis patients are prescribed RNTCP drugs and regimens to the furthest extent possible. It is further alleged that despite the aforesaid memo of undertaking, the applicant being Director of Health Services prepared a note sheet dated 20.04.2007 under the new drugs purchase policy of the year 2007-2008 and prepared a proposal for purchase of drugs amounting to Rs.12,84,99,960.47. He included Streptomycin injunction at Sl. No.78. Some query was made by Dr. Rajesh Rajora, the then Commissioner, Health Services and then he forwarded the note sheet with recommendations to Shri M.M. Upadhyay, the then Principal Secretary, Department of Health and Family Welfare. They get the approval from Shri Ajay Vishnoi, the then Minister on 23.01.2008. In between, on 08.08.2007, a letter has been issued by the Secretary, Ministry of Health and Family Welfare, Govt. of India, New Delhi, to the Chief Secretary of Govt. of M.P., wherein he objected the purchase of anti- Tuberculosis drugs but till then, the orders were placed to the M.P. Laghu Udyog Nigam and the M.P. Laghu Udyog Nigam had purchased the injunction like Streptomycin and supplied to different districts valued at Rs.7,47,422.90 and further made a purchase of Rs.4,97,175/- for Health Education Department and further Rs.19,25,178/- for Gas Tragedy Department. In this way, total purchase of Rs.31,99,949/- was made.

(3.) During investigation, it was found that applicant prepared the note sheet and included the injunction like Streptomycin in the list of drugs which is ought to be purchased despite the fact that such purchase was restricted by the Central Government by signing a memo of undertaking, as mentioned hereinabove. It is further alleged that this applicant has not apprised the aforesaid fact to his higher authorities like Dr. Rajesh Rajora, the then Commissioner, Health Services, Shri M.M. Upadhyay, the then Principal Secretary, Department Health and Family Welfare and Shri Ajay Vishnoi, the then Minister for Public Health and Family Welfare, State of M.P. and took the approval by misrepresenting the facts to them without making any note on the proceedings that the anti-tuberculosis drugs were also included in the purchase list of drugs under the new drugs purchase policy. It is further alleged that though the applicant has wrote a letter dated 08.08.2007 for cancellations of purchase orders No.141, 143, 145, 147, 149, 151, 153, 155 to the Managing Director, M.P. Laghu Udyog Nigam but the orders placed for Health Education Department No.563, 565, 567, 569 dated 26.04.2007 and orders placed for Gas Tragedy Department No.762 dated 15.06.2007 have not been canceled by the applicant.