K.P. SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) IN case against the petitioner was registered in Police Station, Matlauda on a written complaint being forwarded by the Deputy General Manager, (HR) on 19.6.2000, as a result of the internal investigation of the contract file carried out by the Indian Oil Corporation (in short the Corporation) on 28.9.1999 regarding the pre -commissioning activity of the Hydro Crackers Unit and Hydrogen Generation Unit between January, 1999 and March, 1999. During this period, one M/S. Gayatari Engineering Company of Vadodara had been awarded and permitted to perform the work at rates, which were found by the Corporation to be exorbitant. According to the complainant, the contract had been awarded ignoring the rates fixed for similar works at Panipat Refinery on the basis of which the value of work, should not have exceeded Rs. 2,33,902/ -. Initially, the work was estimated at Rs. 44,708/ - and ultimately the work was awarded at approximately Rs. 60,00,000/ - to M/S Gayatari Engineering Company out of which 10% is stated to have been passed on to the petitioner. In this way, according to the Deputy General Manager a loss of about Rs. 38.33 lacs had been caused to the Corporation. The relevant portion of the complaint is as under: -

(2.) THE petitioner is seeking anticipatory bail on the ground that he is a small fry in the organisation and had prepared the estimates and papers at the asking of senior officials who are now trying to pass the buck on to him. He also indicated in the petition that he has already resigned from the job and in order to get back at him these officials are not relieving him because of which he had already approached the Delhi High Court on 7.2.2000 for issuance of appropriate directions. After his resignation, he has taken up employment with M/S. Lurgi India Company Limited from where after the filing of the writ his services have been terminated on 8.2.2000.

(3.) I have heard the learned counsel for the parties and have gone through the various documents placed on the record by them.