K.K. JERATH Vs. U.T. CHANDIGARH

JUDGEMENT

(1.) BY this order I dispose of two Criminal Misc. Nos. 3243-M of 1998, Er. K.K. Jerath v. U.T. Chandigarh and others and 3788-M of 1998, Sunil Kumar Kalia and others v. U.T. Chandigarh. Both the petitions have arisen from case FIR No. 1 dated 3rd February, 1998 registered in Police Station Vigilance, U.T. Chandigarh, under Section 13(1)(a), (b), (c), (d) and sub- section (2) of the Prevention of Corruption Act, 1988, read with Sections 406, 409, 420 and 120-B of the Indian Penal Code. It may be mentioned here that Er. K.K. Jerath has directly moved the petition in the High Court while Sarvshri Sunil Kumar Kalia, Suresh Sharma and Dinesh Sharma earlier moved the petition under Section 438, Cr.P.C., in the court of Special Judge, Chandigarh, who vide order dated 10th February, 1998 dismissed their petition. I would have preferred had Er. K.K. Jerath also moved the petition at the first instance before the Special Judge, Chandigarh, because the High Court would always like to have the views of the Special Judge also for either declining or accepting the anticipatory bail under Section 438, Cr.P.C. However, in the present case as the co-accused of Er. K.K. Jerath had applied earlier before the Special Judge, who dismissed their petition under Section 438, Cr.P.C., therefore, I am not relegating Er. K.K. Jerath to file the petition at the first instance before the Court of Special Judge, Chandigarh.

(2.) THE Investigating Wing of the Income-tax Department had conducted raids in the houses of Shri K.K. Jerath, Chief Engineer (under suspension) and some other officials/officers of the Engineering Department, U.T. Chandigarh, as well as the contractors and suppliers and recovered cash, jewellary and documents which made to reveal that Shri Jerath was possessing assets disproportionate to his known sources of income. During the course of raids, two diaries were also recovered from the houses of Shri Sunil Kumar Kalia, Shri Suresh Sharma and Shri Dinesh Sharma accused and on their examination it revealed that these persons were acting as middlemen between Er. K.K. Jerath and the firms which were on D.G.S. and D rate contracts, supplying electrical and public health goods to the Engineering Department, U.T. Chandigarh. Inquiry was held by the Vigilance Department, U.T. Chandigarh, and it revealed that the diaries contained entries in respect of kickbacks made to Shri K.K. Jerath and other officers/officials and the diaries also contained record of receipts and expenditures of these persons during the period under reference and was more or less in the form of a cash book. The payment of kickbacks was revealed to have been made by them of huge amount to Shri K.K. Jerath, his P.A. and Peon and other officials of the Engineering Department at various levels as commission. Attempt has also been made during the course of investigation to decode the entries, which run under 12 heads as under :-

(3.) THE other three petitioners have stated in their petition that they have been falsely implicated. The alleged documents were recovered by the Income Tax Authorities on 20th November, 1997. No recovery is to be effected from them and they are not required for any investigation. The Vigilance Department has already made the inquiries and it has already taken in possession the entire record. the said petitioners have also joined the investigation, which was conducted by the Income Tax Department. They have nothing to do into the matter. They should also be enlarged on bail under Section 438, Cr.P.C.