SHRI LAKHI PRASHAD SHAH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS order will dispose of Criminal Misc Nos. 2785-M of 1981 Lakhi Prashad Shah and another v. The State of Punjab 1598-M of 1981 (M.L Nopani and others v. State of Punjab) 1731-M of 516 1981 (A.V. Birla v. State of Punjab) and 2211-M of 1981 (Bhagwati Prasad Khaitan v. State of Punjab) which are directed against the same order of the Special Judge, Patiala, dated February 10, 1981.

(2.) THE police at the instance of Joginder Singh Inspector Vigilance registered F.I.R. No 262 dated August 10, 1973, P.S. Kotwali, Patiala, under Section 5 (1) (d) and 5 (2) of Prevention of Corruption Act, 1947, (hereafter the Act) in relation to the supply of electric meters by the Andhra Pradesh Electrical Equipment Corporation (hereafter the Corporation) to the Punjab State Electrical Board (hereafter the Board). On May 11, 1971, it was reported to the police that the Board placed an order with the Corporation for the supply of 53000. Single 5 Meters at the rate of Rs. 52/- each. The Corporation supplied 304 : 0 meters to the Board till April 16, 1971, when the further compliance of the order was suspended. In April, 1972, the Inspecting Officer of the Board reported to the higher authorities that 22550 meters still remain to be supplied by the Corporation which may either be taken from then or 25000 meters may be purchased at the prevailing rates. The Corporation and Messrs Universal Electronics Limited, Joka, (Bengal) expressed their willingness to supply meters at Rs. 38/- per meter. Shri Harbans Singh, the then Technical Member of the Board suggested that half the quantity may be purchased at this rate. The Finance member desired that fresh quotations should be invited as the price of the meters was crashing. The suggestion of the Finance member was accepted and fresh quotations were invited. The Corporation quoted Rs. 31/- meter. The Board purchased 25000 meters from the Corporation. The Board thereafter invited fresh quotations for the supply of 72000 meters. The quotations were opened on December 10, 1972. M/s. Universal Electronic quoted Rs. 27.75 per meter. The Board accepted the quotation of Universal Electronics and sanctioned the purchase of 72000 meters at this rate from them. Shri Harbans Singh who had in the meantime been appointed Chairman of the Board ordered that the balance 22550 meters be purchased from the Corporation at Rs. 52/- per meter against the order dated May 11, 1970, which had in fact been suspended on September 16, 1971. The meters supplied by the Corporation were, defective and sub-standard Shri Harbans Singh caused a loss of about Rs. 5,50,000/- to the Board and undue profit to the same extent to the Corporation by ordering the purchase of 22550 meters at Rs. 52/- per meter in spite of the offer of M/s. Universal Electronics to supply the same at Rs 27.75 per meter. Shri Harbans Singh Chairman of the Board abused his position by acting in a mala fide manner.

(3.) ON February 10, 1981 the Additional Sessions Judge, Patiala, who had been designated Special Judge under section 6 of the Criminal Law Amendment Act, 1952, passed the following order on the police report :