ASHOK KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties through video conferencing.

(2.) This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Sec. 482 Cr.P.C. with a prayer for quashing the entire criminal proceeding arising out of Vigilance P.S. Case No.02 of 2011, corresponding to Spl. Case No.02 of 2011 registered for the offences punishable under Ss. 409/420/467/468/471/477A/120B of Indian Penal Code and under Sec. 13 (2) read with Sec. 13 (1) (c)(d) of Prevention of Corruption Act, 1988 and investigation arising thereto including charge sheet no.28/16 dtd. 12/4/2016 now pending in the court of Special Judge, A.C.B., Ranchi and for quashing and setting aside the order dtd. 6/9/2017 passed by the learned Special Judge, A.C.B., Ranchi in Vigilance Case No.2 (A) of 2011 by which cognizance for the offence has been taken by the learned Special Judge, A.C.B., Ranchi.

(3.) The brief facts of the case is that the petitioner was the Managing Director-cum-Owner of M/s. R.P.C.L. which participated in the tender under package 'D' of A.P.D.R.P. floated by the Jharkhand State Electricity Board. In connection with the tender, the petitioner submitted a forged bank guarantee and in that respect, Dhurwa P.S. Case No.153 of 2005 involving the offence punishable under Ss. 467/471/409/ 420/120B of Indian Penal Code was registered and after investigation, charge sheet has been submitted in that case on 30/6/2007 against the petitioner and the co-accused persons. The petitioner was actively involved in criminal conspiracy with the co-accused- officers of the Jharkhand State Electricity Board, which is evident from the signatures made by him in various letters and participation by the petitioner in the meetings. According to N.I.T. (Notice Inviting Tender), Contract and Agreement, M/s. R.P.C.L. was supposed to complete the work of the said package 'D' within eight months from the date of agreement that is by 26/9/2005 but the company of the petitioner did not complete the work during the stipulated time. On 6th/7/2/2007, a tripartite meeting was held between the contractor company under the Chairmanship of the then Chairman of the Jharkhand State Electricity Board namely Mr. Shivendu in which the petitioner participated on behalf of M/s. R.P.C.L. along with G.M. of his company and as per the copy of the minutes of the said meeting M/s. R.P.C.L. agreed to complete the work by the extended period of July, 2007 using full force and assured that it would not go for arbitration but M/s. R.P.C.L. did not even start the work by July, 2007. Because of these latches on the part of the contractor-company of the petitioner, the cost of the work which was Rs.28.17 crores, because of price escalation went up to Rs.33.00 crores. Contrary to its commitment in the said meeting, R.P.C.L. sent a notice for arbitration on 22/12/2006. On 27/12/2006, the then Chief Engineer under the direction of the then Chairman of Jharkhand State Electricity Board- Dr. Shivendu put a notice for contract termination for M/s. R.P.C.L. but the said file did not move till the transfer of Dr. Shivendu and after the transfer of Dr. Shivendu, the co-accused- P.K. Sinha, the then Executive Engineer on 8/6/2007 suo-moto called for the file and made following noting:-