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| Court rejects CBI prayer, orders further investigation | | Rs 1.76 Crore floor scam | | Early Times Report
Jammu, Aug 28: Special Judge Anticorruption Jammu AK Koul today rejected the prayer of CBI for closure of the case for supply floor to troops under the command of Head Quarters 15 & 16 Corps for the period August 2006 to March 2008. The court directed further investigation in Rs 1.76 crore scam.
in the year 2006-2007 after processing the tenders by Headquarter Northern Command M/S Kash Ind Roller Flour Mill Jammu was the lowest tenderer for Headquarters 15 Corps at a rate of Rs 1, 45, 35, 235 and 20 paisa per 1025 metric ton per month. Similarly Kissan Flour Mill Jammu was lowest for Headquarter 16 Crops at the rate of 1, 44, and 52,591 and M/S Jammu Flour Mill for 15 Crops and L-2 for 16 crops of @ 1, 46, 34, 315/- and Rs 1, 45, 68, 987 respectively. The rates of M/S Kash Ind Flour Mill were within RR arrived at by a panel of officers and hence the rates were recommended for award of contract. At this stage M/S Jammu Flour Mill, allegedly managed to get the RR Clause abolished through Army Head-Quarter. As a result of which the contract of M/S Kash Ind and Kissan Flour Mill were cancelled. Aggrieved with the decision S Kash Ind and Kissan Flour Mills approached J&K High Court as a result of which the contract was not awarded to any of tenderers resulting in restoring to monthly local purchase in violation of the Guidelines.
In the FIR CBI/ACB further alleged that Army Authorities of headquarters of Northern Command decided to go in for local purchase of wheat required for troops under the command from August 2006 to March 2008. Entering into local purchase monthly boards of officers were constituted for concluding the local purchases. The Board of officers was constituted by station headquarter from August 2006 to March 2007 and board of officers for the period April 2007 to March 2008 was constituted by the station Headquarter. The rates of local purchases up to June/ July 2007 were @ 6 lacs to 7 lacs per month per 11.30 MT when Lt. Col Radhakrishanan was appointed as the Presiding Officer of the Board in July/August 2007, the rates abruptly short-up three times @Rs 22 lac per month per 11.30 mt and this continued till February/ March 2008. Considering the rates of Rs 7 lac per month for the period of 7 months from July 2007 to February 2008, the total expenditure would have been Rs 57 lacs but @ Rs 22 lacs as LP was resorted too, the rates have gone-up Rs 1.76 crores for this period. In this way burden of Rs 1.20 Crores was caused to Govt exchequer. In the FIR it is further alleged that local purchases were affected from M/S Kash Ind Flour Mills only by pooling the quotations. The above facts constitute commission of offences u/s 120-B, 420, 468 RPC and section 5(2) r/w 5(1) (d) of J&K PC Act against Lt. Col S Radhakrishanan, some unknown officers of Headquarter Northern Command, ASC Branch and M/s Kash Ind Flour Mills and after completion of investigation filed closure report.
While rejecting the closure report Court observed that Investigating Officer should have gone into this matter to explain as to why the process of allotment of tenders would not be resorted too and who permitted local purchase of wheat grinding on month to month basis and most importantly was he authorized to do so. The closure report is altogether silent about it.
Special Judge Anticorruption Jammu AK Koul further observed that it may not be fair to concur with the investigating agency CBI being a premier investigating agency cannot be expected to close and investigation on conjunctures without a logical basis, Investigating Officer was expected to investigate the matter with same zeal with which he started it, but in this case it appears that Investigating Officer has shown benevolence with the authority concerned. As many as 12 boards have been constituted by the Army Authorities for finalizing the rates for different period with the suppliers. Every Board comprised of Members and Presiding Officer, the recommendations of the board, the rates would be submitted to Maj General ASC for approval and thereafter Head Quarter Northern Command. After counter signature by Station Commander, the demand for wheat grinding and dispatches to various units was being placed. So a member of officer/officials appeared to have associated themselves with the process, which is highly questionable for so far as financial indiscipline is concerned. The Investigating Officer appears to have pleaded for both sides i.e. for CBI and also for Army Authorities as its revealed from minutes of its closure report.
The court while ordering for further investigation after hearing Senior PP for CBI SK Bhat and Ashok Kalra Inspector IO of the case has formulated some points and rejected the closure report filed by CBI with the direction to investigate the matter further in the light of observations to clarify the genuine doubts which the investigating officer has probably left knowingly. Everyone whosoever high he may be is accountable to public because it the public money which is ultimately involved and it would be appreciable if the matter is concluded within two months from today. JNF
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