LAWS(JHAR)-2018-10-183

ARUN KUMAR SHARMA Vs. STATE OF JHARKHAND

Decided On October 26, 2018
ARUN KUMAR SHARMA Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) Heard learned senior counsel for the petitioner and learned counsel for the CBI.

(2.) The instant application has been filed on behalf of petitioner for quashing the entire criminal proceeding in connection with R.C. Case No. 19(A)/2008-R under Sec. 120, 420, 468 and 471 I.P.C. and under Sec. 13(2) r/w section 13(1) (d) of the Prevention of Corruption Act, 1988 including the order dated 26.03.2018 passed by the court below by which the prayer of petitioner to discharge him under section 239 and 245 (2) of the Crimial P.C., 1973 has been rejected.

(3.) The short fact of the case is that the C.B.I. got information about the award of a tender for repair and painting of building of Shyamali Township and by changing the terms of the tender by the officers of MECON Ltd. for the purpose of showing undue favour to the contractors namely M/s. J.P.Rai and M/s. P.K.Mishra who were awarded the work during the year 2007. The further allegation is that CMD, MECON Ltd. had given administrative and financial approval for the repair of damaged buildings of MECON Township by inviting an open tender but limited tenders were called from the contractors who had little/no experience. By making the correction/change, the word from 'open' to 'limited' tender the officials with dishonest intention had approved the Tender Committee's recommendation without taking any approval from the competent authority for making changes in the method of tender from 'open' to 'limited'.