MANOJ KUMAR Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner, Mr. Manoj Kumar, has challenged the legal validity of FIR No. 274/2004 registered at Prevention of Corruption Police Station, Hanumangarh, CPS ACB Jaipur for offence under Sections 467, 468, 471, 120-B of Penal Code and under Sec. 13(1)(D)(2) of the Prevention of Corruption Act ('the Act',for short).

(2.) Briefly the facts of the case are that a complaint was submitted before the competent authority of Kray & Vikray Sahakari Samiti, Hanumangarh with effect that in the year 2000, agricultural produce was purchased. The handling and transportation work was fixed as per the rates of the Marketing Committee and Truck Union. The rates also dealt with transportation of these goods when the truck union were functioning. They also dealt with handling and transportation rates when the truck union were not operating. In case the truck union were not operating, then tenders at the Samiti level had to be invited. However, an inquiry revealed that tender procedure was not followed. Instead the work was given to some particular contractor on a higher rate. Therefore, a loss of Rs.4,67,844/- was caused to the State Exchequer. Initially, the FIR was registered against three persons, but not against the present petitioner. However, subsequently the name of the present petitioner, who was one of the contractors, has been added. Therefore, the petitioner has challenged the legal validity of the FIR.

(3.) Mr. Vipiin Makkad, the learned counsel for the petitioner vehemently contended that Joint Registrar, Sahakari Samiti Bikaner Zone, Bikaner had conducted an inquiry about the handling and transportation work. According to his report, dated 23.4.2005, there was nothing amiss in the granting of the tender. Similarly, there is a communication of the Chief Secretary, Sahakarita Vibhag in which he has clearly stated that procedure adopted by the Kray & Vikray Samiti was strictly in accordance with the procedure laid down by RAJFED and no irregularity was found in the procedure followed by the Samiti.