VISHWANATH GANGULY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner is an accused in Vigilance P.S. case No. 7 of 1998. After investigation charge sheet under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988, was filed against many accused, including the petitioner. According to the allegation an estimate for reclamation and maintenance of Unit No. 2 of Kosi Hydel Power Station situated at Birpur in Saharsa district of the State of Bihar was prepared by Engineers of Larson and Tubro for Rs. 5.75 lacs. However, the said estimate, according to the prosecution, got misplaced at the headquarters of the Bihar State Electricity Board and, hence, a fresh estimate for Rs. 6.36 lacs was prepared and sent to the Chief Manager -cum -Chief Engineer (Hydel and Communication), Ranchi. It has been alleged that without ascertaining the cost of materials it was raised to Rs. 8.93 lacs.

(2.) ACCORDING to the prosecution tender notice was prepared on behalf of the Chief Manager (Hydel and Communication), Ranchi at the headquarter of the Bihar State Electricity Board. In response to the tender notice tenders submitted were opened at Ranchi and work order was also issued at Ranchi. However the agreement with the contractor was executed at Birpur by the Executive Engineer. According to the allegation, reclamation and maintenance works were done by the contractor at Ranchi. According to the prosecution, the contractor was not equipped for execution of the work and bungling had taken place in execution of the work.

(3.) BY an Act of Parliament, namely, the Bihar Reorganisation Act, 2000 (hereinafter referred to as the 'Act'), the erstwhile State of Bihar was reorganized into two States, namely, the State of Jharkhand and the State of Bihar. Various territories existing in the State of Bihar before its reorganization including Ranchi fell within the territory of State of Jharkhand. However, Birpur where the 2nd Unit of Kosi Hydel Power Station is located falls within the territory of the State of Bihar.