SANJEEV KUMAR Vs. STATE OF JHARKHAND THROUGH SECRETARY, CABINET (VIGILANCE) DEPARTMENT RANCHI AND OTHERS

JUDGEMENT

(1.) This application has been filed for quashing of the first information report of Vigilance P.S. Case No. 02 of 2011 (Special Case No. 02 of 2011) registered under Sections 409, 420, 467, 471, 477A and 120B of Indian Penal Code and also under Sec. 13(2) read with Sec. 13(1) (c) (d) of Prevention of Corruption Act, 198a.

(2.) Before adverting to the submissions made on behalf of the parties as also before noticing the case of the prosecution as has been made out in the FIR, the background of the case is necessarily to be taken notice of which is being noted herein under.

(3.) Jharkhand State Electricity Board issued Notice Inviting Tender (NIT) for undertaking work under the Accelerated Power Development and Reforms Programme (for short APDRP) under Package 'D' for Jamshedpur Town stipulating therein that the work would be targeted one which requires to be completed within time schedule and that the price quoted by the bidder shall not be subjected to variation on any account. Making it further clear that no escalation in prices shall be admissible on any account to the bidder. Same clauses were reiterated when the work orders were issued to M/s. Ramji Power Company Limited (for short M/s. RPCL) and even in the agreement entered into in between the JSEB and M/s. RPCL they were part of the terms and conditions. M/s. RPCL could not execute the work by the due date i.e. 26.9.2005. However, time was extended from 26.9.2005 to 31.7.2007 without putting any clause for escalation of price but with imposition of liquidated damages (L.D.). M/s. RPCL agreed to that proposal and assured that the work will be completed within extended time and it will not be going for any arbitration. When it was found that M/s. RPCL contrary to its promise did not even start the work by 31.7.2007, the then Chairman, JSEB directed the Chief Engineer, APDRP to put up agenda for termination of contract of M/s. RPCL in the next meeting of the Board of JSEB. Accordingly, the Chief Engineer, APDRP put up the agenda to the then Member (Technical), JESB, who in connivance with the other accused held back the concerned file till the transfer of the then Chairman, JSEB.