PREMRAJ TRIPATHI Vs. REPUBLIC OF INDIA

JUDGEMENT

(1.) This revision is directed against the order dated 13-11-2003 passed by the Special Judge, C.B.I., Bhubaneswar in T.R. No. 2 of 2003 wherein he took cognizance of the offence under Sections 120-B/ 420/468/471, IPC and Section 13(1) (d) read with Section 13(2) of the Prevention of Corruption Act against the petitioner along with others.

(2.) Succinctly stated the facts giving rise to this revision is that the petitioner and some others are charge sheeted for the aforesaid offences on the allegation that Shri Tushar Mishra, M.D., M/s. B. Engineers & Builders Limited took BEML Excavator No. G-10340 on lease basis from M/s. SREL International Finance Limited on 18-8-1997 and engaged the same in construction work at Bagh barrage work site, Sagada in the District of Boudh. On 17-3-1998 Sri K. K. Santhalia of M/s. SREI International Finance Ltd. made application before Sri B. R. Das, Senior Branch Manager Oriental Insurance Company Limited (hereinafter referred to as "OICL") on behalf of M/s. B. Engineer & Builders for insurance coverage of the said Excavator. On the same date a proposal form was submitted in the prescribed format by Shri Santhalia leaving the relevant column with regard to physical condition of the machine blank. The Development Officer, of C.B.O.-II, issued cover note No. 1001415/88 dated 17-3-1998 to cover the Excavator under CMP Policy without physical verification. Shri B. R. Das, the then B. M. CBO-II, OICL, Bhubaneswar with ulterior motive accepted the above cover note and incomplete proposal form on 17-3-1998 itself and directly issued Policy No. 17/98 for a sum of Rs. 27 lakhs on receipt of premium of Rs. 31,270/- without referring the matter to D. M. OICL and inspecting the machine violating the underwriting rule of the OICL. The risk was covered from 17-3-1998 to 16-3-1999. Shri A.P.M. Slnha, the then Vice-President of M/s. SREI International Finance Company, Bhubaneswar sent a letter on 27-3-1998 to the Sri B. M. OICL, CBO-II, Bhubaneswar to enhance the premium amount in respect of the Excavator so as to get the replacement cost of it. As per the Miscellaneous (Engineering) Manual of the OICL and under acceptance limit and underwriting instruction, B. M. of a Branch has no power to issue policy under C.P.M. without referring the matter to the concerned Divisional Office.

(3.) On 20-4-1998 Shri B.C.Bai, Accountant, M/s. B. Engineers & Builders sent a letter to Shri B. R. Dash, Sr. B. N.. CBO-II, Bhubaneswar falsely Intimating the damage of the Excavator at Bagh Barrage work-site due to accidental fire on 17-4-1998, even though in fact it got damaged due to fire on 15-3-1998. Mr. B. R. Dash appointed Shri A. P. Bisoyee, Surveyor to conduct preliminary survey of the damage caused to the Excavator, who without making any verification from BEML, Sambalpur submitted survey report declaring the damage to have been caused on 17-4-1998, On the basis of such fabricated fact, Shri B. R. Dash initiated the claim proceeding. On his transfer, his successor, Shri B. R. Tripathy, the present petitioner informed Shri Dilip Dhar, the then R. M. O.I.C.L., Bhubaneswar for appointment of final surveyor without referring the matter to the concerned Divisional Office. The claim Department of the Branch while scrutinizing the claim papers sugfested to call for the maintenance agreement file of BEML to verify the actual date of accidental fire. The petitioner intentionally overlooked the suggestion of the claim department and recommended the claim on the basis of fabricated documents in order to show undue favour to the insured. The claim amount of Rs. 17,36,593/- was sanctioned in favour of the insured by A.G.A.M. H.O. New Delhi.