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| Purchases by PDD on highly exorbitant rates | | HC refuses to quash FIR | | Early Times Report
Jammu, Mar 29: Justice Sanjay Kumar Gupta dismissed the petition filed by XENs & others seeking quashment of FIR registered by VOJ in purchase of electric items by the Power Development Department in Rajouri district on highly exorbitant rates.
According to the VOJ case, following inquiry into the allegations of irregularities in purchase of electric items worth Crores of rupees by the Power Development Department in Rajouri, Kathua and Poonch Districts on highly exorbitant rates from open market without following any codal formalities, it was found that on these purchases, a huge loss has been caused to the State exchequer; it was found that officers/officials of M&RE Rajouri and STD Division-IV Kalakote namely R.K.Padha (now retired) (petitioner no.1), the then Executive Engineer M&RE Rajouri and B.B. Sen, then XEN STD Division-IV Kalakote, R.L.Koul, then AEE Rajouri (petitioner no.2), Maqbool Choudhary, then AEE Kalakote, Maroof Dar, then Store Officer Rajouri (petitioner no.3) and T.S. Jamwal, the then Store Officer Kalakote; officers/officials of M&RE Poonch namely U.C. Manchanda (now retired) and Mumtaz Hussain, then AEE Poonch and Sham Lal, then Store Officer Poonch; and officers/officials of M&RE Kathua and STD Division-III Kathua namely S.C. Gupta (now retired), Amlok Singh, then AEE (T.O.) M&RE/STD Division-III athua and Sh. Daljit Singh, then Store Officer M&RE/STD Division-III Kathua had purchased electric items through various supply orders to different firms without inviting N1Ts/Quotations on exorbitant rates. In this way, the above mentioned officers/officials of PDD department by abuse of their official position and in connivance with each other/proprietors of the supplier firms to confer undue benefit to them for their ulterior motives caused huge loss to the State Exchequer.
As such three cases vide FIR Nos.28, 29 and 30 of Police Station Vigilance Organization, Jammu have been registered under section 5 (1) (d) r/w 5 (2) J&K P.C. Act, 2006 and Section 120-B RPC on the prima facie establishment of offences on the part of the aforementioned accused public servants and others.
Justice Sanjay Kumar Gupta after hearing Deputy AG Raman Sharma for the State observed that If the material/evidence collected during investigation is scanned at this stage, it clearly emerges out that prima facie evidence for constituting offences under the P.C. Act is available. Petitioners who were employees of department at relevant time and were entrusted to purchase electric items by inviting tender as per codal formalities; but accused persons by abuse of their official positions and in connivance with each other and proprietors of the supplier firms to confer undue benefit to them for their ulterior motives have caused a huge loss to the State exchequer. After preliminary inquiry, when truthfulness of allegations were proved, FIR No.29 of P/S VOJ dated 28/12/2016 has been registered in Vigilance Organization, Jammu under section 5 (1) (d) r/w 5 (2) of the J&K Prevention of Corruption Act Samvat 2006 and Section 120-B RPC. With these observations High Court dismissed the petition. |
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