M.P.GUPTA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This petition for revision has been directed against the order dated 5 -8 -1995 of the Special Judge (Forests), Shimla, whereby he petitioner has been ordered to be charge -sheeted for the offence under sections 420, 467, 468, 471, 408 read with section 120 -B, Indian Penal Code and under section 5 (!) (d) of the Prevention of Corruption Act, 1947 corresponding to section 13 (1) (d) of the Prevention of Corruption Act, 1988.

(2.) Briefly stated, the facts of the case, which popularly came to be known as Sintex Water Storage Tanks case are these. On 30 -1 -1985, the Controller of Stores invited tenders for 45 litres high density polythene barrels amongst other items whose rate contract was to expire on 31 -3 -1985. The last date for submission of the tenders was 12/13th March, 1985 The Controller of Stores on 7 -3 -1985 submitted the file to the Senior Technical Officer (Chemical) for the preparation of tender schedule in respect of High density polythene barrels (45 litres). However, while preparing such tender schedule, water storage tanks of the capacity of 500 litres and 1000 litres were also included, though the same did not figure in the notice inviting tenders. Two tenders in respect of water storage tanks of the capacity of 500 litres and 1000 litres were received respectively from M/s Gupta Pipes Dharampur and M/s. National Steel Works Dharampur.

(3.) The tenders so received came to be scrutinised by the Technical Committee comprising of Shri P. C. Gupta, Senior Technical Officer and Sh. P. C. Singh, a representative of Director of Horticulture, Shimla. The tender submitted by M/s. National Steel Works, Dharampur, was not considered for want of brand name of the manufacturers and literature. The tender submitted by M/s, Gupta Pipes Dharampur was recommended for acceptance since the party had quoted reputed brand aiongwith authorisation letter from the Principal Manufacturers M/s. Sintex Plast Works. The tender was approved by the Additional Controller of Stores, A rate contract was accordingly entered on 6 -5 -1985 with M/s. Gupta Pipes, Dharampur, for the supply of high density polythene water storage tanks of Sintex Brand at the following rates : -