NAR BAHADUR BHANDARI Vs. STATE

JUDGEMENT

(1.) All these Criminal Revisions have been filed to challenge the Order dated 15-11-2002 by the learned Special Judge, P. C. Act, Sikkim at Gangtok in Criminal Case No. 8/1997 ordering the framing of charge against the petitioners.

(2.) RC-8/84-CIU-(A) was registered by SP/CBI CIU-(A), New Delhi on 7-8-1984 at 1610 hrs. against Shri Nar Bahadur Bhandari, former Chief Minister of Sikkim, Shri P. K. Pradhan, the then Secretary Rural Development Department, Government of Sikkim, Gangtok, M/s. Kumar Traders, Jorethang, Sikkim and others under Section 120B, IPC read with Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act, 1947. The investigation resulted in the filing of the charge-sheet on 14-9-1994 by Shri G. Verma, Dry. SP/CBI/SPE/ACU(V)/New Delhi against 17 accused persons. Two of them namely, accused No. 3 H. P. Karki and accused No. 16 Shri N. P. Bhandari died before the impugned order of charge was passed by the learned trial Court and so, the proceedings were dropped against them. Against the remaining 15 accused persons, order of charge was passed by the learned Special Judge by the impugned order. Eight of them have filed these petitions.

(3.) Prosecution case, in brief, is that the Government of Sikkim during the year 1983-84 took a decision to implement 36 Rural Water Supply Schemes in the State of Sikkim under the Minimum Needs Programme at a cost of Rs. 1,62,31,630.00, through a cabinet decision dated 24-11-1983. In the said decision, it was specifically mentioned that the works worth more than Rupees one lakh shall be carried out by issuing tenders except for the North District. The works worth less than Rs. 1 lakh were to be executed through panchayat nominees. The approval of the cabinet was communicated to the Secretary, Rural Development Department for necessary action vide Memo No. 1168/CAB/83 dated 7-12-1983. Pursuant to that decision, the Rural Development Department issued notice inviting sealed tenders from enlisted contractors having resources and experience in such works for execution of the 15 Rural Water Supply Schemes in East, South and West districts of the State including the following 12 schemes in which investigation was conducted by the Central Bureau of Investigation: