KALYANRAMAN GANESH Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) THIS is an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) challenging the legality and validity of the order dated 11.02.2011 passed by the learned Special Judge, CBI Court, Guwahati in Special Case No. 3/2007 framing charge against the petitioner under Section 120B/420 IPC as well as under Section 13(2) of the Prevention of Corruption Act, 1988 read with Section 13(1)(d) of the said Act. The further prayer made is to quash the entire procee-dings of Special Case No.3/2007.

(2.) IN this case, FIR, was registered on the basis of source information. As per the allegation in the FIR, Shri K.Ganesh, the then Chief General Manager, North East Task Force, Department of Telecommunication, Government of INdia alongwith a few officers of the said department had entered into a criminal conspiracy with M/S Telemats INdia Pvt. Ltd., a private limited company of New Delhi and dishonestly purchased 14 numbers of solar power systems for a sum of Rs. 155.99 lakhs without calling for tenders, to be instalIed at various places in Nagaland and Manipur during the year 1996-97 and also paid Rs. 5.21 lakhs extra as transportation charge, thereby causing undue pecuniary loss to the Government and corresponding unlawful gain to the said company. The further allegation made in the FIR is that no security money/bank guarantee was obtained from the said company though the same is the requir-ement for purchases above Rs. 25 lakhs.

(3.) THE investigation revealed that during the period 1996-97, Shri K.Ganesh, the then CGM, Task Force, North East Circle, Guwahati, Shri P.K. Dewriary, the then Divisional Engineer of Telecom (Planning), Task Force, North East Circle, Guwahati, M/S Telemats India Private Limited, New Delhi, and Shri Pradeep Gadhwani, Director of the said M/S Telemats India Private Limited had entered into a criminal conspiracy and in pursuance of the said conspiracy, purchased 14 nos. of solar power systems by violating the existing norms without floating tender, at a higher rate than the market price on a false plea of the rate being approved by the Department of Telecommunication for installation at different microwave stations as an alternative to electric power supply in the North East Circle. Only 6 solar power systems out of the 14 so purchased were installed, the remaining 8 still lying unused at different stores of the BSNL.