RIPU SUDAN DUBEY Vs. UNION OF INDIA

JUDGEMENT

(1.) This application has been filed for quashing of the order dated 2.2.2011 passed by the Special Judge, C.B.I, Ranchi in R.C.No.11(A) of 2009-R whereby and whereunder cognizance of the offences punishable under Section 120(B) read with Sections 420, 468, 471 of the Indian Penal Code and under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act has been taken against the petitioner. The facts leading to filing of this case are that on the direction given by this Court in W.P.(PIL) No.803 of 2009, a preliminary enquiry was made on the matter relating to large scale irregularities and embezzlement of crores of rupees by the Engineers of the Road Construction Department, contractors and other persons in the matter of procurement of Bitumen for construction of road wherein it was found that the then Executive Engineers, Road Division, Road Construction Department, Hazaribagh, Shyam Sunder Singh, Birendra Kumar and Sone Lal during the period 2002-07 entered into a criminal conspiracy with M/s. Classic Coal Construction Pvt. Ltd. whereupon on submission of false/bogus invoices by M/s. Classic Coal Construction Pvt. Ltd. showing procurement of Bitumen from Government Company for the execution of work awarded to him, payments were made.

(2.) It was further found that the contractors were required to procure Bitumen from the Public Sector Undertakings like Indian Oil Corporation, Bharat Petroleum Corporation Limited etc. and before using Bitumen, contractors were required to submit invoices for procurement of Bitumen, a certificate regarding quality of Bitumen procured but the contractors without procuring Bitumen from the Government Company submitted false invoices pertaining to procurement of Bitumen and thereby took payment of Rs.17,69,517/- on the basis of false certification by the engineers. On such allegations, a case was registered as R.C.No.11(A) of 2009-R on 16.9.2009.

(3.) During course of investigation, it was found that out of seven works awarded to M/s. Classic Coal Construction Pvt. Ltd., the petitioner the then Executive Engineer, Road Construction Department, Road Division, Hazaribagh now retired had made agreements with him with respect to two works, one with respect to widening and strengthening work of Gola-Muri Road and another with respect to Chitarpur-Rajrappa Road. As per the agreements, the contractor was supposed to procure and supply Bitumen to be utilized in the work on the requisition to be made by the executive engineer and hence, the petitioner had issued an authority letter/requisition on 16.4.2002 in favour of the contractor addressed to different Oil Companies for delivering 6235.99 M.T of Bitumen with respect to agreement relating to execution of work of Gola- Muri Road and further had issued authority letter/requisition for delivering 355.807 M.T of Bitumen for execution of work relating to Chatarpur-Rajrappa Road. Thereupon the contractor by claiming to have procured Bitumen from H.P.C.L, Ramnagar, Kolkata submitted 68 invoices worth Rs.90,66,923/- relating to Gola-Muri Road and further 39 invoices worth Rs.53,36,253/- with respect to Chittarpur-Rajrappa Road but all those invoices were forged but still payments were made (not by the petitioner) upon certification being made by the engineers. In course of investigation, it was also found that M/s. Classic Coal Construction Pvt. Ltd. to whom the work had been awarded and the second bidder M/s.Sidharth Construction, Hazaribagh had connived with each other with dishonest and fraudulent intention for getting the work awarded to M/s. Classis Coal Construction Pvt. Ltd. who had quoted the rate 50% above scheduled rate.