RAJESH KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In all these petitions, the prayer is made for quashing of the order taking cognizance dtd. 15/12/2016 passed in connection with R.C.Case No.11(A)/2014-R, pending before Special Judge, C.B.I. (A.C.B.), Ranchi.

(2.) During pendency of these petitions, the petitioners have filed the discharge petition which was rejected and pursuant to that, the charge has been framed and those orders were challenged by way of filing I.A. No.1410 of 2024 in Cr.M.P.No.759 of 2018 and the same prayer was made in I.A. No.1413 of 2024 in Cr.M.P.No.708 of 2018 which was allowed by order dtd. 26/4/2024 and the petitioners were directed to file the amended petition.

(3.) The F.I.R has been registered alleging therein that the case of the prosecution in nutshell is that one Shri S.K. Khare, Superintendent of Police/H.O.B., C.B.I., A.C.B. Ranchi, stated that information has been received from reliable source that Shri Darlando Thanmi Khathing, the then Vice-chancellor, Central University of Jharkhand (CUJ), Ranchi, Jharkhand, Narendra Pal Garg, OSD (Project), Central University of Jharkhand, Sitaram Sowarnkar, Accounts Officer, Central University of Jharkhand, Ranchi, Sanjay Kumar Singh, the then Civil Engineer, Central University of Jharkhand, Ranchi, Abhay Nindkan Tigga, the then Electrical Engineer, Central University of Jharkhand, Ranchi entered into a criminal conspiracy with the Proprietors/Directors/partners of 12 private firms, viz. M/s Rock Drill India, Ranchi, M/s Sadanand Gupta, Ranchi, M/s Park Sarva Mangala Project, Ranchi, M/S. J.C. Enterprises, Ranchi, M/s Raj Construction, Garhwa, M/s Mourya Heritage Inn Pvt. Ltd, Ranchi, M/s Pushpanjali Homes Pvt Ltd, Ranchi, M/s R.K. Mishra and Co., M/s BD Enterprises, Ranchi, M/s Aditya Enterprises, Ranchi, M/s B.P. Construction, Ranchi, M/s Bharat Drilling and Foundation Treatment Pvt Ltd, Ranchi and unknown others, during the period 2010 to 2014, and committed the offences of cheating, forgery for the purpose of cheating, using forged/ fake documents as genuine and criminal misconduct, and in pursuance thereof, cheated the Central University of Jharkhand, Ranchi, by causing to it a wrongful loss of Rs.7,11,89,776.00 (Approximately) and corresponding wrongful gain to themselves, in the matter of award of construction works of different buildings for the Permanent Campus of Central University of Jharkhand, located at Cheri-Manatu, Ranchi by abusing their official position and awarding the works at exorbitant rates to the said firms and getting executed similar type of civil and electrical works at different rates from them. It is alleged that Shri Darlando Thanmi Khathing, the then Vice-chancellor, conspired with Sri Narendra Pal Garg, and dishonestly and fraudulently, by appointing him to the post of OSD(Project), Central University of Jharkhand, Ranchi, on contract basis, without sanction from University Grants Delhi went for the development of permanent campus of Commission (UGC), New Central University of Jharkhand at Cheri-Manatu village, Ranchi through him, in violation of University Grants Commission XI th Plan Guidelines and GFR (General Financial Rules) of Government of India, which stipulates that the construction of different buildings for the Central University is to be got done through CPWD/State PWD/ Central Public Undertakings, as there was no full fledged Engineering Department in the Central University of Jharkhand, Ranchi. It is further alleged that Sri Narendra Pal Garg, OSD (Project) and Shri Darlando Thanmi Khathing, the then Vice-chancellor, without preparation of details of project report and without approval of Finance Committee of Central University of Jharkhand and University Grants Commission (UGC), New Delhi, invited an Expression of Interest (EOI) for preparation of panel of contractors under four categories, i.e. for Civil and Electrical Works valued above Rs.25.00 Crores, between Rs.10.00 Crore to Rs.25.00 Crore, between Rs.5.00 Crores to 10 Crore and Rs.3.00 Crore to 5 Crore, for construction of different buildings at permanent campus of Central University of Jharkhand, Ranchi. It is further alleged that no open tender were floated by accused public servants of Central University of Jharkhand, for construction of the various buildings for permanent campus, as no detailed project report, financial clearance and UGC approval was available, CPWD, Ranchi, had requested Central University of Jharkhand, Ranchi, for awarding the works of construction of permanent campus to it as per GFR-2005 and University Grants Commission (UGC) guidelines. However, the accused public servants viz. Darlando Thanmi Khathing, Narendra Pal Garg, Sita Ram Sowarnkar, Sanjay Kumar Singh, Abhay Nindkan Tigga, in conspiracy with the 12 private firms as mentioned above, dishonestly and fraudulently, did not allot the work to CPWD, Ranchi by creating false/ fake comparative charts and wrongly mentioning therein that an excess charge of 27.5% of capital value of the work, as agency charges, will be levied by CPWD, due to which project cost would escalate. They awarded the construction buildings to their favoured 12 firms on the basis of bogus comparative charts and negotiation papers, prepared and works of different signed by accused public servants viz. Narendra Pal Garg, Sita Ram Sowarnkar, Sanjay Kumar Singh and Abhay Nindkan Tigga. It is further alleged that the accused public servants of Central University of Jharkhand, by abusing their official positions, awarded the work of construction of buildings at permanent campus to 12 firs at exorbitant rates. Further, similar works of construction of buildings were awarded to above 12 accused firms at different rates i.e. above 56.5%, above 54% and above 49% of Delhi Schedule of Rates ( DSR)-2007, whereas the rates should have been the same. It is alleged that some of the firms even were not having experience for particular category of work and some of them had not submitted the required documents during empanelment for the said works. The accused Narendra Pal Garg, dishonestly and fraudulently entered into agreement with all 12 firms for doing the works, without having any detailed project report and master plan. It is further alleged that all the empanelled contractors of 3 groups i.e. B.C and D, had quoted the same rates i.e. above 58% of DSR-2007, hence re-tendering should have been done by the accused public servants, but the same has not done. It is further alleged that on 9/2/2012, the 12th Building Committee of Central University of Jharkhand, observed that the master plan had not been finalized and resolved that re- tendering be done for selection of builders, but Shri Darlando Thanmi Khathing, the then Vice-Chancellor and Sri Narendra Pal Garg, abused their official position and awarded the work to their favoured firms. It is alleged that the above mentioned public servants of Central University of Jharkhand, Ranchi, entered into conspiracy with 12 firms and by abusing their official position and on the basis of fake and bogus documents, awarded the work of construction of different buildings to the said firms at exorbitant rates and fraudulently made payments of Rs.93,94,77,420.00 to them and cheated the Central University of Jharkhand Rs.7,11,89,776.00 as a result of fraudulent payment made to to the tune of those firms. Thus, Central University of Jharkhand, Ranchi was put to a wrongful loss of Rs.7, 11, 89,776.00and corresponding wrongful gain was made by the accused firms. Since the allegations mentioned above disclose commission of cognizance punishable under Sec. 120B, 420, 468 and 471 of Indian Penal Code and Sec. 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988, a regular case vide RC-11(A)/2014-R is registered under the above Sec. of law against Shri Darlando Thanmi Khating, the then Vice-chancellor, Narendra Pal Garg, OSD(Project) Sita Ram Sowarkar, Accounts Officer, Sanjay Kumar Singh, the then Civil Engineer and Abhay Nindkan Tigga, the then Electrical Engineer (all of Central University of Jharkhand, Ranchi) and 12 private firms, viz- M/s Rock Drill India, Ranchi, M/s Sadanand Gupta, Ranchi, M/s Park Sarva Mangala Project, Ranchi, M/S. J.C. Enterprises, Ranchi, M/s Raj Construction, Garhwa, M/s Mourya Heritage Inn Pvt. Ltd, Ranchi, M/s Pushpanjali Homes Pvt Ltd, Ranchi, M/s R.K. Mishra & Co., M/s BD Enterprises, Ranchi, M/s Aditya Enterprises, Ranchi, M/s B.P. Construction, Ranchi, M/s Bharat Drilling & Foundation Treatment Pvt Ltd, Ranchi (all represented through their proprietors/directors/partners) and unknown others and investigation of the case is entrusted to Shri Sudhir Kumar, Inspector of Police, C.B.I., ACB, Ranchi.