GURUPADA MANDAL Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) In the present application under Section 482 of Cr.P.C the propriety of prosecution in Special Case No. 05 of 2011 arising out of SPE/CBI/Port Blair R.C. 121 of 2011 A 0002 dated 28.07.2011 under Section 120 B, 420, 467, 468, 471 of Indian Penal Code read with Section 13(1) (d) and 13(2) of the Prevention of Corruption Act, 1988 now pending before the court of learned Special Judge, Andaman and Nicobar Islands at Port Blair has been assailed.

(2.) The petitioner contends that on 01.02.2011 he was posted as Executive Engineer in North Andaman Construction Division, Andaman Public Works Department at Mayabunder. On that date a tender was floated by the Administration for construction of 20 nos. of Type-III quarters (D/S) at Sub Division-I, Mayabunder under T.O. No.TenderDB/NACD/MB/2010-11/126 dated 20.01.2011. The tender was opened 2 there on 25.02.2011 by the Assistant Engineer while the petitioner was on leave. It was found that the offer of one Shri C.M.Roy amounting to Rs. 2,40,75,380/- was the lowest bidder. On 07.03.2011 all the eight(8) original tenders received including the lowest bidder with comparative statement, proforma accompanying the tender, Photostat copy of the newspaper cutting, tender issue and opening register, basic rate of men, materials and machineries etc. were forwarded to the Superintending Engineer(Plg), CE s Office, APWD, Port Blair in his letter No. TN- 1/GPA/DB/MACD/MB/2010-11/467. The said offer was accepted on 30.03.2011 by the competent authority i.e. the Superintending Engineer (Plg) subject to certain conditions. On 06.04.2011 the lowest bidder Shri C.M.Roy was duly informed regarding acceptance of his offer and was requested to submit performance guarantee of Rs.12,03,769/- within 15 days of the issuance of the order. On 29.04.2011 Shri C.M.Roy was asked to attend the office of the petitioner within 10 days to complete the formal agreement and was asked to contact the Assistant Engineer-I, Mayabunder and Assistant Engineer-IV(E&M), Mayabunder under NACD, Mayabunder for taking possession of the site and starting the work.

(3.) On 28.07.2011, the opposite party, Central Bureau of Investigation, received the source information that during 2010-2011 the petitioner while functioning as Executive Engineer, NACD, APWD, Mayabunder misused/abused his official position as a government servant and entered into a criminal conspiracy with said C.M. Roy, a government contractor whereby the petitioner awarded the aforesaid assignment for construction of 20 Type-III quarters to said C.M.Roy at Rs. 2,40,72,212/-. While awarding such work order he had altered the amount mentioned against certain items by forgery thereby enhancing the tender value by Rs. 32,68,168/- i.e. total Rs 2,73,40,378/- from Rs. 2,40,72,212/- and thereby caused wrongful loss to the extent of Rs. 32,68,168/-. 3