SHRI KRISHAN DAS Vs. STATE OF HARYANA

JUDGEMENT

(1.) - Shri Krishan Dass and his son man Mohan Singh are the applicants of Criminal Misc. No. 2276-M of 2000. Anil Kumar an I.A.S. Officer presently working as Vice-Principal. Revenue Training Institute. Ambala is the applicant of Criminal Misc. No. 2278M of 2000 and R.K Garg is the applicant of Criminal Misc. No. 3057-M of 2000 and all the four petitioners have filed the three petitions in this Court under Section 438 Cr. P.C. seeking the directions of this Court for the Investigating Officer that ill the event of their arrest in F.1.R. No. 17 dated 31-12-1999 under Sections 406/409/ 420/ 467/ 468/ 471 and 120-B, I.P.C. and Section 13 (1) of Prevention of Corruption Act registered in Police Station State Vigilance Bureau Rohtak they should be enlarged on bail.

(2.) The F.I.R. in this case has been registered against the four petitioners at the instance of Han Chand. Inspector of State Vigilance Bureau, Rohtak, who wrote a letter to the S.H.O. concerned by stating as follows: Sir, It is submitted that one inquiry No.7. dated 15-9-1999. Rohtak, was received from the Chief Secretary, Haryana, vide No. 21/3/ 99-2. Bureau-I dated 9-9-1999. The same was registered and was received for inquiry. .In the complaint, in addition to other allegation following allegations were also there. In allegation No.4 it was alleged that Sin Krishan Dass, the then Minister in the State Government of Haryana got one industrial sector acquired by H.U.D.A on Gohana - Rohtak road. Surrounding to this sector Sin Krishan Dass owns a plot of land and one factory also. In the surrounding of the farm of Sethji the work of laying sewerage and lights etc. was done by H.U.D.A and special arrangements were made on the occasion of inauguration of the Kothi. In the construction of the khothi there was special contribution by H.U.D.A Rohtak because Sethji was Minister of Department of H.U.D.A. As per allegation No. 15 it was alleged that the Municipal Committee. Rohtak never called the elected Municipal Councillors. Rohtak Municipal Committee was made ineffective for the last three years. Elected Municipal Councillors were never called when the contracts were given and streets in the area of the Municipal Committee were repaired. Sethji and his sons got the works executed as per their wishes in the town. By committing irregularities the Municipal Committee was caused loss of lacs of rupees. The initial inquiry was done by DSP Mohinder Singh all DSP Banwari Lal, State Vigilance Bureau. Rohtak. In the allegation No.4 it was found that on Rohtak Gohana road near the milk plant. Seth Krishan Dass and his family owns 70 acres of land in the East where he has constructed his house and installed a factory in the name of his son. In the west of this land H.U.D.A. acquired 130 acres of land for the Industrial Area. Phase-IT and adjacent to this and parallel to the road. Executive Engineer H.U.D.A. is developing a green belt. From this it is dear that they got the present land required in the name of Industrial sector so that the price of their own land may appreciate. Otherwise no person likes to have an industrial area near his residential house because Seth Krishan Dass was Minister of H.U.D.A. Department. By misusing his official position he got the land lying vacant opposite to his land acquired for sector 37 as Industrial Sector so that the price of his land can appreciate and he can get profit. On the inquiry of allegation No. 15 it was found that in the municipal area of Rohtak between June. 1996 to June. 1999 development work was done on the asking/recommendation of Seth Krishan Dass and his son. Manmohan and on their directions estimates were prepared by the J.E.M.E. of Municipal Committee and on their asking the same estimates were sent to Shri R.K. Garg, Executive Engineer H.U.D.A. for execution of the work because Seth Krishan Dass was Minister of H.U.D.A Department. In this way, the Executive Engineer, H.U.D.A, got the work of Rs. 12 corers done in the Municipal area of Rohtak despite the fact that the officers of the Municipal Committee were competent enough to execute the work. Whether they wanted to do the work or not, the officers of the Municipal Committee were not asked before sending all the work for execution to the Executive Engineer, H.U.D.A. When information was asked from the Chief Administrator, H.U.D.A., Panchkula, on different points, then he gave his comments to the effect that the State Government gave the job of repairing! reconstruction of the damaged roads on Panipat-Bhiwani/ Rohtak-Sirsa towns to H.U.D.A instead of the respective municipal committees and it was also decided that the funds will come from Flood Relief Fund and State Agricultural Marketing Board and the list of the roads to be repaired will be prepared by the respective Deputy Commissioners and the estimates will be sanctioned by the competent authority. In addition to this. Administrator H.U.D.A. Faridabad was given supervisory job of repair of roads of Rohtak. During inquiry it was revealed that a total sum of Rs. 13.35.00.000!- were spent for the repair of roads of above said five towns. Out of this Rs. 11.34.84,000/- were spent in the, Municipal limits of Rohtak town only. For the repair of roads of rest of four Municipal towns, only Rs. 2 crores 5 lacs were spent despite the fact that all the four towns were adversely affected in 1995 floods. But because Sin Krishan Dass was Minister of H.U.D.A. Department and Rohtak town falls in his assembly constituency, therefore, he by misusing his official position committed discrimination so that he can have political gains. Mr. R.K. Garg, Executive Engineer, Rohtak stated in his statement that the sanction from the Deputy Commissioner, Rohtak, was taken for all the work executed by him but he was unable to present the list of the sanctioned works. In this connection, the inquiry officer tried to contact Shri Anil Kumar, I.A.S., the then Deputy Commissioner, Rohtak, to take his statement but Shri Anil Kumar, L.A.S. was also unable to give some satisfactory answer nor he could give any list of the sanctioned roads. During inquiry, it was also revealed that ignoring the Municipal Councillors of the Municipal Committee, in connivance with Shri Anil Kumar, L.A.S., the then Deputy Commissioner, Rohtak, Shri Krishan Dass, the then Minister and his son Man Mohan Singh got the construction work of roads done as per their wishes by getting the estimates prepared by the J.E./M.E. and sending the same for the execution to the Executive Engineer. H.U.D.A. Shri R.K. Garg. This includes a number of streets of the town also. Though Shri Anil Kumar. L.A.S. the then Deputy Commissioner, Rohtak, as per the decision of the State Government was supposed to first send the list of damaged roads of the town which were to be repaired by the Department of H. U .D.A. but he did not do so. In this way he in connivance with Seth Krishan Dass and his son gave sanction for the roads and even streets as per their wishes and misusing his position. From the inquiry it was also revealed that the estimates prepared by the Municipal Committee were enhanced by the Executive Engineer. H.U.D.A in connivance with Seth Krishan Dass and his son Man Mohan and Shri Anil Kumar L.AS. the then Deputy Commissioner, Rohtak. 87 estimates which were ranging from Rs. 42.000/- to Rs. 2.5 Lac were enhanced to Rs. 2 lacs to Rs. 9.50 lacs illegally. In addition to this the roads which were repaired/reconstructed by H.U.D.A. after taking it over from the Municipal Committee are in bad shape. The material i.e. cement etc: has been used in less quantity. If samples are taken and the assessment is got done then the real loss in this episode -Can be established properly. In the above mentioned facts. Seth Krishan Dass Ex-Minister. Haryana his son Man Mohan, Shri Anil Kumar LA.S., Deputy Commissioner, Rohtak and R.K. Garg, Executive Engineer, H.U.D.A. Rohtak and other officials/officers in connivance with each other by misusing their position got illegal benefits to the contractors and themselves and caused loss to the State and prepared a false record regarding the roads and on the conclusion of the inquiry were found as accused and a suggestion was sent to the State Government to register a case against all of them under Sections 420/ 406/ 467/ 468/ 471 /120-B. Indian Penal Code and Section 13(1), of Prevention of Corruption Act 1988. Now the State Government vide letter No. 2 1/3/99-2 CH (I) dated 31-12-1999 has ordered that a case be registered under the above mentioned Sections against Seth Krishan Dass, Ex-Minister. Haryana his son Man Mohan, Shri Anil Kumar, LAS the then Deputy Commissioner, Rohtak. and R.K. Garg. Executive Engineer, H.U.D.A. Rohtak Director General, State Vigilance Bureau, Haryana, Chandigarh vide his order No. 12412 (secret) dated 2 1-12-1999 has written that the case be registered and the investigation be handed over to Shri Banwari Lal. DSP and the copy of the FIR by way of special report is being sent to Illaqa Magistrate and the higher officers. Sd/Hari Chand Inspector

(3.) Fearing their arrest all the four petitioners made applications under Section 438 Cr. P.C. before the Court of Additional Sessions Judge, Rohtak who for the reasons mentioned in the order dated 17-1-2000 dismissed the said applications. The reasons of dismissal of the applications precisely are contained in paras 8 to 14 of the order which can be reproduced as under: