R YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Both these applications are for grant of anticipatory bail to the petitioner filed under Section 438, Cr. P.C. in Vigilance P.S. Case No. 18/2002 dated 8-3-2002 giving rise to Special Case No. 19/2002 and Vigilance P.S. Case No. 19/2002 being Special Case No. 20/2002 under Sections 420, 467, 468, 471, 409, 201, 109, 120-B, IPC read with Sections 13(2), 12(i)(d) of the P.C. Act, 1988. Vigilance P.S. Case No. 18/2002 was registered for the purchase made from 1999 to 8-3-2000, whereas Vigilance P.S. Case No. 19/2002 was registered for the purchase made from 1995 to 2000.

(3.) Facts leading to the filing of the applications are that on 8-3-2002 on the written information of DSP Vigilance, Jharkhand, Ranchi, stating therein that on the orders of Additional Secretary and Director General, Vigilance, he held preliminary enquiry into the allegations of illegal payments, construction work carried out and in the matter of purchase of materials and the Principal, Registrar and others of Regional Institute of Technology, Jamshedpur are involved. It is stated that allegations had been made that furniture worth of Rs. 80.00 lacs has been purchased by the aforesaid persons against financial rules and on enquiry it was found that Human Resources and Development Authority had allotted Rs. 76.27 lacs to the institute in the year 1998-99 for purchase of furniture and on 1-4-99 Warden A. K. Singh had written a letter to the Principal that furniture such as 150 study chairs, 150 common room chairs, 4 common room tables, 4 magazine tables, 4 class tables, 12 dining tables, 25 dining chairs, 80 wooden cots and 20 study tables were required in the newly constructed hostel No. H. S. N. Sinha, who was then Principal, invited tenders from manufacturers/ dealers and thereafter two firms M/s. Om Enterprises, Jamshedpur and M/s. S. D. Sales Corporation, Jamshedpur were ordered to supply furniture to the institute and on 24-4-99 the above firms have been approved by the Purchase Committee and both the firms were paid some amounts by way of advance. At the time of advance, Mr. N. K. Agrawal was the Acting Registrar of the Institute and thereafter Syed Ajmat Hussain jined as Registrar on 15-6-99. Syed Ajmat Hussain after joining on the post of Registrar started creating hurdles in payment of advances to the aforesaid firms. It is alleged that he started putting hurdles for personal gain but any how he issued cheques to the firms at the instance of Principal. Thereafter petitioner R. Yadav joined as Principal of the Institute on 15-7-99 and the said Registrar Syed Ajmat Hussain and Store Keeper S, K. Bhagat came in collusion with the new Principal, cancelled the supply order earlier given to the firms on the ground that the furniture supplied were substandard and were not up to the mark and petitioner thereafter placed orders for supply to the local dealers in the open market. Principal ordered for supply of 150 armless chairs, 150 stools, 140 arm chairs, all worth Rs. l;24,820.85 paise and this amount was paid to M/s. Basant Agency, Jamshedpur and M/s. Lakshmi Furnitures and it is alleged that payment was made in connivance with DJ. B. K. Prasad.'Sri A. K. Singh, Sri S. A. Hussain and S. K. Bhagat. It is also alleged that even after supply, there was an allotment of 75.00 lacs, which remained available with the institute and due to this heavy amount remained available with the institute, the Principal and Registrar started reckless purchase of furniture even though they were not required to purchase the same without any sanction by the Purchase Committee. It is also alleged that Purchase Committee was a pocketing Committee of the Principal and Registrar and after purchases made by them the Purchase Committee used to confirm the order. On 17-2-99 a sum of Rs. 49,01,841/- was paid to the Patna firm and this fact was pointed out by A.G. in audit report that except Wood and Craft Patna, all other firms supplied furnitures, which were found of substandard. The specification of wood was also found to be changed and the computer tables and chairs were distributed in every Department and except computer center, no other firms had any computer and on enquiry DSP found 143 computers in the computer centres, which were in use but few tables and chairs were kept there. So much quantity of furniture: was not required and, therefore, they were kept here and there. 1400 plastic chairs and 1000 plastic stools were also purchased, which were found kept in the store room.