SHOWKAT HUSSAIN KOUL Vs. STATE OF J&K

JUDGEMENT

(1.) Petitioner has challenged FIR No.05/2016 for offences under Section 5(1)(d) r/w 5(2) and Section 4A of J&K Prevention of Corruption Act and 109 RPC registered with Police Station, Vigilance Organization Kashmir, Srinagar.

(2.) The facts emanating from the record are that pursuant to e-tendering, the work pertaining to construction and maintenance of road from Salamabad to Gohalan, Stage-II, Phase-VI, Package No.JK00-57, was allotted by Chief Engineer, PMGSY (JKRRDA), Srinagar, to M/S Jehangir Steel Industries, Awantipora, Kashmir, through its proprietor Jahangir Ahmad Bhat, who happens to be the complainant in the instant case. The work was allotted to the aforesaid complainant in terms of the letter of acceptance bearing No.CE/PMGSY/1886-92 dated 24.06.2010. As per the terms of the agreement pertaining to the allotment of contract, the work was to be executed and completed within a period of 18 months.

(3.) It appears that the work could not be completed by the contractor i.e., the complainant, within the stipulated time and he could not do so even within the extended period of time. There were contradictory versions with regard to reasons for non-completion of work. The complainant alleged that there was some dispute going on between the land owners and the Government with regard to payment of compensation which prevented him from completing the work within the stipulated period whereas the Chief Engineer and the Executive Engineer claimed that the delay in progress of work is wholly attributable to the complainant-contractor.