MANINDER SINGH HEERA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE order shall dispose of Criminal Miscellaneous Nos. 21294, 21137, 21305, 21309, 21404, 22210 and 22609-M of 1997 as all these petitions arise out of the same FIR and for the same offence.

(2.) PETITIONERS in these cases were the Chairman and other subordinate Officers of Improvement Trust, Amritsar. In nutshell all the allegations are that these persons in connivance with each other had accepted the tenders without following due procedure; got executed the construction work which was of sub-standard, made irregular transfer of 62 plots; and other minor grievances. In respect of these allegations, an enquiry was conducted by the Additional Deputy Commissioner, Amritsar. His report is annexed at page 32 in the file of Crl. Misc. 21294-M of 1997. The enquiry report runs into 41 pages. In this report, it has been specifically observed at page 4 that none of the contractors/working agencies have enclosed receipt regarding deposit of earnest money with their tender forms. In this respect, it may be noted that an affidavit is also filed from the petitioner's side to indicate that earnest money was duly recovered and receipts were issued to the contractors. The affidavit has not been controverted. If the acceptance of tenders have been done by flouting certain rules it is a matter of record. It is obvious that during inquiry conducted by the Additional Deputy Commissioner all these documents pertaining to the enquiry or investigation seems to have been taken into consideration. The enquiry report at page 16 further indicates that a visual inspection of the construction of buildings was found satisfactory. However at page 28 of the said enquiry report, he has observed that since he is not a technical hand, for further scrutiny regarding quality of construction can be had by formation a Committee comprising of an Executive Engineer of the Public Works Department. In the same enquiry report at page 28, he has further observed that allegations regarding Tata Sumo vehicle have remained unestablished.