RUPEN PATEL Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner through the medium instant writ petition, has claimed certain reliefs, which are reproduced as under:

(2.) As per the case of the petitioner, an FIR bearing No. RC0042022A0005 dtd. 20/4/2022 for offences under Ss. 5(1)(d) and 5(2) of the J&K Prevention of Corruption Act and Sec. 120-B of J&K RPC stands registered with respondent No. 2-Central Bureau of Investigation(CBI),. The subject matter of said FIR is the allocation of tenders in respect of construction of Kiro Hydroelectric Project in District Kishtwar. The petitioner, who happens to be the Chairman and Managing Director of Patel Engineering Company Limited is not an accused nominated in the said FIR but the company has been nominated as an accused in the FIR. According to the petitioner, M/s Patel Engineering was found lowest bidder pursuant to the bids invited for the aforesaid project and on 24/2/2020, letter of appointment was issued in favour of the company, whereafter, a contract was executed between the parties on 15/5/2021. The estimated cost of the project was Rs.4287.59 crores and the petitioner-company was awarded contract regarding civil works at the cost of Rs.2240.27 crores.

(3.) Pursuant to letter dtd. 23/3/2022 issued by the Government of Jammu and Kashmir, the aforesaid FIR came to be registered in which it has been alleged that in the award of civil work package of Kiro Hydroelectric Project guidelines regarding e-tendering were not followed though a decision was taken in the 47th Board Meeting of Chenab Valley Power Projects Pvt. Ltd for retender through e-tendering with reverse auction after cancellation of ongoing tender process. It is also alleged in the FIR that the tender has been finally awarded to the petitioner-company. Accordingly, a regular case has been registered against Sh. Naveen Kumar Choudhary, the then Chairman, Chenab Valley Power Project Ltd(CVPPPL), Sh. M. S. Babu, the then M. D. CVPPPL, Sh. M. K. Mittal, the then Director CVPPPL, Sh. Arun Kumar Mishra, the then Director, CVPPPL and M/s Patel Engineering Company Limited.