SANJAY GUPTA Vs. STATE OF H.P.

JUDGEMENT

(1.) This order will dispose of Cr, M. P. (M) No. 822 and Cr, M. P (M) No 837 of 1996 as both arise from the same case registered vide F. I. R. No, 2/96 on 1 -7 -1996 by the Vigilance Department, Anti -Corruption, Police Station Shimla Zone, Shimla..

(2.) Petitioner Sanjay Gupta is an I. A. S. Officer, presently posted as Joint Secretary (Food and Supplies) to the Government of Himachal Pradesh, Shimla. The petitioner Prakash Chand Sharma is at present working as Divisional Manager, H. P. State Forest Corporation and is posted at Saraswati Nagar, Sawra, Tehsil Jubbal, District Shimla, At the relevant time, Sanjay Gupta petitioner was posted as Additional Deputy Commissioner, Pooh while petitioner P. C. Sharma was Divisional Forest Officer of that place. The above case registered against them is on the basis of a fact finding inquiry conducted by the forest authorities. The allegations against them, as contained in the F. I. R. are as follows : Shri Sanjay Gupta joined as ADC -cum -Project Director Pooh in September 1992, Shortly afterwards he suo motu superseded the purchase committee constituted by the Governing Body of DDP in 1988 with another Purchase Committee headed by himself and with the DFO Pooh and Tehsildar Pooh as members. This he was not authorised to do. This Committee met for the first time on 5 -10 -1992 and for the second time on 1 -6 -1993. At both these meetings Shri Sanjay Gupta was authorised to place supply orders for inter -link chain and HDPE Pipes. On 6 -10 -1992 and 9 -104992 he issued 2 supply orders amounting to Rs. 10,87,807. However, the supply order dated 640 -1992 for inter -link chain amounting to Rs 2,96,352 could not be implemented. Similarly, on 4 -6 1993 he placed 2 supply orders for interlink chain and HDPE pipes totalling Rs. 28,63,650. Thus in all Sh. Sanjay Gupta effected purchases worth Rs. 36,55,105 as Project Director. Moreover, the Tehsildar Pooh was taken as a member of the purchase committee though he had no concern with DDP works and was not even a member of the Governing Body, In the record of the proceedings of both the meetings his name appears to have been added later, which indicates that he was not an actual member of the said purchase Committee. When the Governing Body held its meeting on 20 -10 -1992, 15 days after the 1st Meeting of the Purchase Committee, a requirement for the same quantity of Inter link Chain and HDPE Pipes was projected for which supply orders have already been issued on 6 10 -1992 and 9 -104992 and this fact was not disclosed However the G, B directed that the requirement should be put up scheme wise vide its decision on agenda item No. 26, After the conclusion of this meeting Sh, Anand Dhawaj Negi, the then Assistant Controller, F and A DDP, Pooh put up the draft minutes of the proceedings which were recorded in his own hand writing through Shri Sanjay Gupta (member -Secretary of G. B.) for approval by the D. C. The then D. C. Shri Deepak Sanan approved the draft on 1142 1992 on file and the minutes were issued on 28424992. The last page of the draft of the minutes shows that Sh. Anand Dhawaj Negi had written in his own hand upto agenda item No. 33. Below this, Shri Sanjay Gupta wrote agenda item No. 34 which was amended by the D - C, subsequently. The minutes of the Governing Body meeting held on 20 -10 -1992 were issued No. DDP2/82 -Part -6 -711 -28 dated 28 -11 -1992 containing 34 agenda items/decisions. On receipt of a complaint regarding excessive and inferior purchases of HDPE Pipes by ADC and DFO Pooh, the Principal C F. F. ordered an enquiry to be conducted by the C F Rampur in September 1993. On 25 -10 -1993, the governing body of the DDP Pooh refused to accord sanction for the purchases effected by what it described as the so called purchase committee headed by Shri Sanjay Gupta (relating to supply order of 4 -6 -1993), The G. B. also questioned the justification of having the Tehsildar as the member of the Committee On conclusion of the enquiry conducted by CF Rampur, the Principal CCF recommended to the Additional C. S. vide his D. O. letter No. Ft.4 -300/93 (Vig) dated 5 -11 -1993 that action be taken against both the ADC and DFO -Pooh. Subsequently the Director Rural Development and Panchayati Raj v de his memorandum No. DDA -151/93 -RD -1I -2 dated 6 -12 -1993 directed Sh. Sanjay Gupta to furnish his explanation. Shri Sanjay Gupta manipulated the unsuspecting officials under his direct control and falsified the official records to justify his action. A so called resolution/item No. 35 was incorporated in the original draft of the proceedings after about a year The resolution allegedly superseded the purchase committee of 1988 and reconstituted the same with the Project Director as Chairman and the Head of Office of the concerned line department and Tehsildar Pooh as its members. After this interpolation, Sh. Sanjay Gupta issued corrigendum on 19 -11 -1993 on the pretext that since in the minutes circulated earlier, the agenda items No, 34 and 35 were either not legible or had been missed out, the same were being reproduced. To lend further credence to the existence of agenda item No. 35. Sh Sanjay Gupta changed the second page of a D. O. letter No. DDP -2/82 -V -573 dated 13 -11 -1992 addressed to Sh. Deepak Sanan, the then D. C Kinnaur, in which a para was added referring to the reconstituted purchase committee mentioned above. Shri Sanjay Gupta tried to fortify his position further by pressurising and obtaining false affidavits from his subordinate officers who were directly under his control and he was thus in a position to influence them. In any case, it is strange that an officer had to resort to the tactic of obtaining affidavits from his subordinates in respect of purely administrative matters. Thus the enquiry revealed that Sh. Sanjay Gupta, the then ADC -cum -Project Director DDP Pooh, constituted a Purchase Committee with himself as Chairman and the DFO -Pooh Shri P. C. Sharma as the other member. Later, the name of Tehsildar Pooh, Shri G C. Negi was also included in the proceedings of this Committee. Shri Sanjay Gupta was neither competent to constitute this committee nor was he authorised to do so Aware of this fact he did not disclose the formation of this committee to the Governing Body of DDP Pooh or its Chairman. Since the so called Purchase Committee was unauthorised, its actions were vitiated ab initio and, therefore, the purchases worth Rs 36,55,105 made by Sh. Sanjay Gupta were illegal and beyond his administrative competence and jurisdiction In projecting the requirement of HDPE pipes Sh. P. C. Sharma did not obtain the demand from his Range Officers and Shri Sanjay Gupta did not examine the proposed demand carefully before issuing the supply order. As a result of their combined criminal misconduct excess pipes were purchased and the Government was put to loss. Moreover these pipes were purchased in haste for they were required to be put to use only about 9/10 months later. Shri Sanjay Gupta and the co -conspirator also increased the financial and area targets under social Forestry at their own level. Later on in an attempt to legitimise the constitution of the purchase committee and its action, Shri Sanjay Gupta falsified and forged the official record. Sh. Sanjay Gupta in connivance with Sh. P. C. Sharma, DFO conspired with the suppliers and placed illegal supply orders to them and placed excess supply orders for HDPE Pipes to M/s. Himalayan Plastics, whereas there were no emergent circumstances to place such supply orders as required by resolution No. 34 of the Governing body. Sh. Sanjay Gupta in conspiracy with other co -conspirators as stated above obtained unlawful gain and caused unlawful loss to the Government and committed the offences under sections 465/467/468/471/420/120 -B, I P. C. and criminal misconduct punishable under section 13 (2) of P. C. Act. 1988."

(3.) Both the petitioners have applied for anticipatory bail on the grounds that they are innocent in the matter and have been roped in order to harm their reputation and career at the instance of vested interests.