DHARAMVIR BHADARIAARUN KUMAR SINGH Vs. UNION OF INDIA THROUGH S.P., C.B.I.STATE OF JHARKHAND THROUGH C.B.I.

JUDGEMENT

(1.) All these three applications are directed against the order dated 4.12.2010 passed by the Special Judge, C. B. I. , Ranchi in R. C. No. 20(A) of 2009 (R) whereby and whereunder cognizance of the offences has been taken under Section 120B of the Indian Penal Code and also under Section 13(2) read with Section 13(1) (d) of the Prevention of Corruption Act against the petitioners. Pursuant to the order passed by this Court in W. P. (PIL) No. 803 of 2009 directing the C. B. I. to enquire and investigate the matter relating to embezzlement of public money by the engineers, contractors and other persons towards procurement of Bitumen for the construction of the road, the matter was enquired into by the C. B. I. and found the case as that of criminal liability on the part of the Basudeo Tiwary, the then Executive Engineer, Road Construction Department, Chaibasa, M/s Nav Nirman Builders and some unknown persons and hence, lodged a case which was registered as R. C. No. 20(A) of 2009(R) on the allegation that the then Executive Engineer during the period from 2006-07 entered into criminal conspiracy with M/s Nav Nirman Builders and others whereby he facilitated M/s Nav Nirman Builders to draw the money upon submission of false/vague invoices showing procurement of Bitumen for the execution of contractual work awarded to him.

(2.) It has been further alleged that contractor was required to procure Bitumen from Indian Oil Corporation, Bharat Petroleum Corporation Limited or Hindustan Petroleum Corporation Limited and was further required to submit invoices showing procurement of Bitumen and a certificate pertaining to quality of Bitumen so procured and only after verification of the quality, materials were supposed to be used. The contractor who had been given contract for construction of Seraikella-Chaibasa Road submitted 37 number of invoices showing procurement of Bitumen from the Indian Oil Corporation Limited, Tatanagar Depot but out of those, six invoices had never been issued by the Indian Oil Corporation, Tatanagar Depot, stilt that much quantity of Bitumen covered under six invoices was shown to have been used in execution of the work and that the then Executive Engineer dishonestly and fraudulently certified the bills of the contractor for payment facilitating the contractor to draw a sum of Rs. 89,68,966/- on the basis of false certificate.

(3.) The matter was taken up for investigation. In course of investigation, C. B. I. also found culpability of other persons including the petitioners, namely, Ram Bilash Sahu (petitioner in Cr. MP. No. 532 of 2011), the then Assistant Engineer, Arun Kumar Singh (petitioner in Cr. M. P. No. 562 of 2011), the then Junior Engineer and Dharamvir Bhadaria (petitioner in Cr. M. P. No. 395 of 2011), the proprietor of the said M/s Nav Nirman Builders and therefore, submitted charge-sheet against these petitioners and others with the accusation that the petitioner, Ram Bilash Sahu in conspiracy with other accused committed criminal misconduct by misusing his official position by countersigning the entries made in the relevant measurement book drawn by the petitioner, Arun Kumar Singh, the then Junior Engineer and also the bills which were never supported by the requisite invoices/challans pertaining to purchase of Bitumen, though as per the work order and even as per the Government circular, the bills which were passed were supposed to be accompanied with invoices and thus, the petitioners, Ram Bilash Sahu and Arun Kumar Singh were charged to have facilitated the petitioner Dharamvir Bhadaria proprietor of the firm M/s Nav Nirman Builders to draw the amount and thereby they committed offence punishable under Section 120B of the Indian Penal Code read with Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act.