GURDEV SINGH SYAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) By this common order, all the above noted six petitions would be disposed of.

(2.) In these petitions for anticipatory bail, the subject matter is FIR No.10 dated 17.08.2017, registered under Sections 406, 420, 467, 468, 471, 477A, 120-B of Indian Penal Code, 1860 and Section 13(1)(d) read with Section 13(2) of Prevention of Corruption Act, 1988, at Police Station Vigilance Bureau, Flying Squad I, Punjab, Mohali, by Shr. Varinder Singh Brar, PPS, Assistant Inspector General of Police, Vigilance Bureau, F.S.-I, Punjab, Chandigarh against eight accused shown in column No.7 in the FIR.

(3.) The sum and substance of the FIR in question is that during the period of about last 7/8 years, higher authorities in the Punjab Government, Engineers from Irrigation Department and other officers by misusing their official position/power connived with Gurinder Singh contractor and indulged into allocation of works worth Rs. 1,000/- crores to the said contractor alone that too on the rates more than 50% of the departmental rates. The object of e-tendering was to maintain mutual secrecy in the Department and the bidders but the officers of the Department concerned, Engineers and all those, by using their official power hatched criminal conspiracy with the said contractor and gave rise to the total fraud causing severe loss to the Government of Punjab. It is stated that pre-bid meeting was made essential for allocation of major job works so that all the bidders in the field be introduced to each other and their mutual deals be got struck down and the job work may be allocated to Gurinder Singh contractor on his desired rates by forming a cartel. In a major contract for laying if pipes in water logged area, rules were violated in order to sideline other A-1 Class contractors on panel of the Department in order to throw them out of the competition and as such, the tender and its terms and conditions were tailor-made by keeping in view and mind the experience and annual turn-over of Gurinder Singh contractor so that the said contractor alone who would be successful in getting all the works. The conspiracy was made in such a manner that finally the said contractor would alone be the successful bidder that too at higher rates, thereby causing unjust enrichment to the contractor and causing loss to the Government of Punjab. The officers of the Department had hatched plan to allocate even small amounted works to Gurinder Singh contractor by clubbing into single. Consequently, works in far off places in various districts and divisions were deliberately clubbed to make one big amounted tender with a pre-planned strategy to allocate the entire works to Gurinder Singh contractor that too on higher rates. In some of the tenders of works having DNIT, the accused persons had played trick deliberately by not mentioning the actual work, quantum of work so also the required technical specifications as a result of which, the possible proposed contractors who could have participated were deprived of the opportunity of knowing the details of DNIT and could not participate. All that was done with a view to ensure allocation of works to Gurinder Singh contractor alone. The net result of the entire unholy activities on the part of the accused persons was that Gurinder Singh contractor whose annual turn-over was only Rs. 4.74 crores in the year 2006-2007 suddenly increased to Rs. 300 crores in 2016-2017 without any justification whatsoever. That is substantiated by the fact that Gurinder Singh contractor gained countless movable and immovable properties from the illegal income received as a result of frauds, forgery etc. All the eight accused persons including the said contractor have acted in collusion with a view to have wrongful gain to them and cause wrongful loss to the Government of Punjab.