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High Court directs CE Kmr to appear in person
Misappropriation of funds in PHE Kashmir
11/20/2016 10:54:17 PM
Ishtiyaq Ahmad

Early Times Report

Srinagar, Nov 20: The Jammu and Kashmir High court has directed the Chief Engineer Pubic Health Engineering (PHE) Kashmir to appear in the court, in an alleged misappropriation in the allotment of order which led to loss of 36 Lacs to the state exchequer.
One of the complainants has filed a writ petition under number 1356 of 2016 CMP NO 01/2016; against the Chief engineer PHE Kashmir, alleging that a misappropriation has been done in the allotment of supply orders.
The court after taking cognizance of the case issued notice to the respondents, asking Chief engineer PHE to appear in person on 24. 11. 2016. "A writ petition under Article 226 constitution of India has been filed by the petitioner, M/S international trading corporation and is fixed for your presence in this court at Srinagar on 24.11.2016 at 10 am. Can present yourself either personally or through an advocate or recognized agent," the court direction reads.
The complainant has alleged that the Chief engineer PHE Kashmir G. M Bhat has allotted the supply order to 2nd lowest bidder instead of 1st lowest bidder and made a huge loss worth 36 lacks to the government exchequer in a tender invited from the manufacturers/ dealers of a chemical (stable Bleaching Powder) used to filter the drinking water.
The Complainant has said that the CE PHE Kashmir has furnished a supply order in favour of M/S Grasim Industires Vide Supply order no. PHE/ Misc/ 21 of 2016-2017 dated 26.10 2016 against supply of stable Bleaching Powder Grade 1 for 1200 MT for an amount of R.s 19000/- Per Metric Ton. "While as the previous supplier of bleaching powder for the year 2015-16 has been ordered 200 metric Tons, short of the advertised quantity to benefit the pet supplier," It has been also alleged that the consequent lowest tender has deliberately kept out of the competition for the reason to grab the huge bribe from one supplier.
"The NIT No. PHE/M&P/ dated 12.08.2016 has been deliberately modified by reducing the time period for submitting the hard copy of the tender only to keep the successful tenderer away from the stiff competition who has been fairly awarded this work consequently for the last 5 years, and know for the best quality in India," it is has said.
The complainant has further said that the time period fixed for submitting the Hard Copy is 3 days at least as mentioned in the same said N. I T, while as time has been waived of from the corrigendum which has changed the basic structure of N.I. T, which is not allowed in the PWD tender rules.
"This practice has deprived the competitive supplier in absence, and State exchequer has to face a loss of 36 Lacs in a single order to the deliberate act by CE PHE Kashmir. The rates for the same material in the current month are supplied on Rs 16448/- per Metric Ton which sums a different of Rs. 36 Lacs, While as the competitive rate quoted by the only lowest tenderer is Rs 15999.00 per Metric Ton which is R.s 3001.00 less than the 2nd lowest tender,".
It is has been alleged that it is crystal clear that the CE PHE Kashmir has issued the contract on exorbitant rates to Grasim Industries on consideration of heavy bribe. "The Chief Engineer Kashmir has violated all the tender rules for his personal interests and caused damage to the state exchequer," the complainant has mentioned.
Sources said that the high court has issued a notice to chief engineer PHE department including commissioner secretary PHE and orders has been placed to maintain the present position of the supply order issued in favour of M/S Grasim industries Ltd.
Meanwhile the Chief engineer contradicts the claim of the complainant. "Enough opportunity was given to the complainant to participate in the bid; however he could not do so. On the specific request of the complainant, even the last date for the receipt was extended and a fair chance was given to him," the CE told Early Times.
The Chief Engineer confirmed that the right procedure has been followed, thereby placing the order on the genuine tender. "The bleaching powder was required for PHE works as the department could not have born the delay," he said.
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