UMA KANT SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THESE three applications have been heard together and are being disposed of by this common judgment because they all arise out of same impugned order.

(2.) THE facts, in short, giving rise to these applications are that on 2.8.1991 one Harihar Choubey, Deputy Superintendent of Police, Vigilance filed an F.I.R. (Annexure -1 in all applications) alleging therein that during preliminary inquiry it transpired that in Minor Irrigation Department at Sikandara under Minor Irrigation Division, Jamui, after sanction of estimate, contract was granted for the construction of escape wair for the following three Ahars and cement was supplied to the contractors but no contract work was done and 1821 bags of cement worth Rs. 73,000/ - were misappropriated by the petitioners and other co -accused persons : (i) Tanewa Dhamna Ahar -in this work estimated cost was Rs. 49,538/ - and the work was to be done in two phases and estimate was prepared by Indrasan Prasad, Junior Engineer and technical approval was granted by Sri Devashish, Assistant Engineer and work was entrusted to one Sri Navind Kumar Singh by Uma Kant Singh, Executive Engineer (petitioner of Cr. Misc. No. 4538/2000) who entrusted the contract work without calling tender and 601 bags of cement on three occasions were issued to contractor but no work was done and last instalment of 400 bags of cement was given to contractor under the order of Draweshwar Pd. Singh, Executive Engineer (petitioner of Cr. Misc. No. 33388/99). (ii) Naini Ahar -Estimated cost of this work was Rs. 48,300/ - and this estimate was prepared by Indrasan Prasad, Junior Engineer and this work was also to be done in two parts and Uma Kant Prasad one of the petitioners entrusted this work to Birendra Kumar Singh without inviting tender and Ganesh Prasad Chaudhary (petitioner of Cr. Misc. No. 31864/99) issued the first instalment of 125 bags of cement to contractor and thereafter another Junior Engineer, namely, co -accused Shital Prasad issued 80 bags of cement in second instalment and 400 bags in third instalment and last instalment of 400 bags was given to contractor under the orders of petitioners Draweshwar Prasad Singh. (iii) Dumaria Ahar -Estimate of this work was Rs. 21,884/ - and petitioner Uma Kant Singh without inviting tender entrusted the work to one Randhir Kumar Singh and co -accused Shital Prasad, Junior Engineer issued 120 bags, 95 bags and 400 bags in three instalments to the contractor under the orders of petitioner Draweshwar Prasad and in this way 615 bags of cement were entrusted to contractor for this work. Further allegation in the F.I.R. is that in all the aforesaid schemes no work was done and cement bags which were 1821 worth about Rs. 73,000/ - given to all contractors were misappropriated by petitioners and co -accused persons including the contractors in connivance with each other.

(3.) THE case of petitioner Uma Kant Singh (in Cr. Misc. No. 4538/2000) is that all the three contracts were given to Adhoc Committee of beneficiaries and for giving contracts to such agencies there is no necessity of inviting any tender in view of Government Circular (Annexure -2 series). According to him, the persons to whom the work has entrusted were beneficiaries and they were members of Adhoc Committee (Annexure -3).