VISHWANATH GANGULI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the parties.

(2.) The present appeals have been filed against the judgment of conviction and order of sentence dtd. 7/2/2012 passed by learned Special Judge, Vigilance-II, Patna in connection with Special Case No. 7 of 1998, arising out of Vigilance P.S. Case No. 7/1998, whereby and whereunder the accused appellants and others were found guilty and convicted and convicts Kapildeo Narain Prasad Sinha, Vishwanath Ganguli, Shashinath Jha, Deep Narain Mandal and Anil Kumar Rai were sentenced to undergo rigorous imprisonment for one year for the offence punishable under Sec. 120(B) of the Indian Penal Code, rigorous imprisonment for one year for the offence punishable under Sec. 420 of the Indian Penal Code, rigorous imprisonment for one year for the offence punishable under Sec. 467 I.P.C, rigorous imprisonment for one year for the offence punishable under Sec. 468 I.P.C, rigorous imprisonment for one year for the offence under Sec. 471 of the I.P.C. Further the convicts Kapildeo Narain Prasad Sinha, Vishwanath Ganguli, Shashinath Jha and Deep Narain Mandal were sentenced to undergo rigirous imprisonemtn for a period of one year under Sec. 13(10(d) of the P.C Act. Further the convict Anil Kumar Rai was sentenced to undergo rigorous imprisonment for six months under Sec. 12 of the P.C. Act. All the sentences were directed to run concurrently.

(3.) The case of the prosecution is that an enquiry was conducted by the Crime Investigation Department and it was found that the estimate was prepared in the year 1986 for capital maintenance of Unit No. II of Koshi Hydal Power Station, Birpur, Saharsa under the supervision of Larson and Turbo Company, Calcutta. This estimate was prepared by the engineers of Larson and Turbo after physical verification of Unit No-II at Birpur. At that time, the Engineers of Bihar State Electricity Board were also present. This estimate was prepared for Rs.5,75,795.00, but the file relating to the said estimate could not return from Head Office, B.S.E.B, Vidyut Bhawan, Patna to Birpur and then in November, 1988, on the same basis, another estimate was prepared for Rs.6,36,852.00. There was difference of time of one year and eleven months in between the first and second estimate and during that period there was price rise and due to which the amount of second estimate was raised. The estimates were prepared by the local Executive Engineer, Assistant Engineer and Junior Engineer. The second estimate was sent to Chief Engineer, Hydal and Investigation Sri. S.B. Ram for its acceptance, who sent it to the then Project Manager, Jal Vidyut Pratishtan, Sikidri K.P. Sinha and Executive Engineer (Civil) Ranchi V.N. Ganguli. These two persons arbitrarily enhanced the estimate to Rs.8,93,330.00without obtaining price list of the articles. In enhancement of the estimate cost, the role was played by S.P. Ram, K.P. Sinha, V.N. Ganguli and D.N. Mandal, the then Executive Engineers, Koshi Hydal Power Station. It is further alleged that Phulanand Jha, the then Electrical Execution Engineer who is now dead was also one of the associates in enhancement of rate of estimate. D.N. Mandal was camping in Ranchi from Birpur only for this work. The second estimate of Rs.6,36,852.00 was also prepared by him and again a third estimate of Rs.8,93,330.00 was prepared in connivance of D.N. Mandal and other officials. In the file relating to the estimate which was sent to Chief Engineer Ranchi for its acceptance, it was specifically provided that the basis of estimate is Larson and Turbo but the accused persons did not obtain any rate of articles from Larson and Turbo and arbitrarily they enhanced the estimates. It is further alleged that the materials required for capital maintenance of the second unit was purchased from the market without giving any advertisement or without obtaining any quotation, and as such, the accused persons arbitrarily enhanced the amount of third estimate. The accused persons even did not contact the Larson and Turbo company at the time of preparation of estimate. After that the work was got done by M/s Gaurav Constructions, Birpur on the basis of third estimate and its payment was made by Chief Engineer, Hydal and Investigation, Ranchi. M/s Gaurav Constructions and Company is not authorized for the work, rather it works as middleman and in fact the work was got done by technically expert firm in Ranchi.