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ACB books XEn for misappropriation of funds

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STATE TIMES NEWS

SRINAGAR: The Anti-corruption Bureau (ACB) in Jammu and Kashmir has booked a government employee for amassing wealth beyond the sources of his known income, officials said on Monday.
The Bureau has lodged an FIR against an Executive Engineer (Xen), Mushtaq Ahmad Bhat, for misappropriation of funds by allotting work to an unqualified contractor and later inflating the cost of work by 172 per cent, the official said.
The probe revealed that the beneficiary Class ‘B’ Contractor was eligible for allotment of contract up to only Rs 50 lakh, he said.
According to ACB, a Joint Surprise Check (JSC) was conducted into the allegations that work for construction of a U-shaped RCC drain at Industrial Estate Khrew, illegally allotted by the Estates Manger, SICOP to M/S Ubaid Rashid Wani at cost of Rs 108 lakh and further extended by adding huge quantum of work amounting Rs 263 lakh in violation to the laid down procedure etc
The probe conducted in the JSC revealed that work for construction of a U-shaped RCC drain at Industrial Estate, Khrew was illegally allotted by the Estates Manger, SICOP to M/s Ubaid Rashid Wani at cost of Rs 108 lakhs and further extended by adding huge quantum of work amounting Rs 263 lakhs in violation to the laid down procedure etc.
The probe conducted also revealed that the Project Manager (Executive Engineer) SICOP, Kashmir issued off-line NIT No. 6-SICOP of 2019 dated 11.11.2019 inviting bids from Class ‘A’ and Class ‘B’ Contractors for execution of work related to construction of a U-shaped RCC drain at Industrial Estate Khrew for an advertised cost of Rs 99 lakh in violation to SRO-196 of 2011 dated 28.06.2011; four bids (three from Class A and one from Class B Contractors) were received as sub-sequence. The work has been found allotted in favour of M/S Ubaid Rashid Wani, a Class ‘B’ Contractor, for an amount of Rs 107 lakh despite him being not eligible.
It has been also found that as per SRO-196 of 2011 dated June 28, 2011, the beneficiary Class ‘B’ Contractor was eligible for allotment of contract amounting upto Rs 50 lakh only, the tone and tenor of the SRO-196 of 2011 makes it palpably clear that only ‘Class A’ Contractor was eligible and entitled for allotment of the work construction of a U-shaped RCC drain at Industrial Estate Khrew having advertised cost @ Rs 99 lakh and allotment @ Rs 107 lakh. The Project Manager not only facilitated illegal allotment of work in favour of M/S Ubaid Rashid Wani but also gave huge extensions in his favour amounting Rs 2,69,57,658/- beyond the allotment cost of Rs 107 lakh.
In this way, the Project Manager SICOP Kashmir above-mentioned under well-knit conspiracy with proprietors of M/S Ubaid Rashid Wani, in lieu of pecuniary benefits, dishonestly and fraudulently by abuse of his official position, first invited participation of Class B Contractors in the above mentioned NIT in violation to prevailing norms in order to facilitate participation of the beneficiary Class ‘B’ Contractor in the bidding process, allotted work in his favour despite him being not eligible as per governing provisions and also favoured him with huge extensions beyond scope of allotment, thus conferred undue benefit upon himself and the beneficiary.
These omissions and commissions by then Project Manager SICOP Kashmir namely Mushtaq Ahmad Bhat, son of Ghulam Mohammad Bhat, resident of Chersoo Awantipora A/P Mominabad, Firdous abad, Lane No.9 Sector A-2, near Masjid Huda, near Court Srinagar, the beneficiary proprietor of M/S Ubaid Rashid Wani namely Ubaid Rashid Wani S/o Abdul Rashid Wani R/o House No. 47 near Jamai Masjid Rehmat Abad Colony, Hyderpora, Srinagar and others constitute offences punishable U/S 7 of the Prevention of Corruption Act 1988 and Section 120-B IPC.
Accordingly, case FIR NO.05/2024 stands registered in P/S ACB Anantnag, and investigation was set into motion. Immediately after registration of the instant case search warrant was obtained from Spl Judge Anti-corruption court Pulwama and searches were conducted simultaneously at multiple locations viz residential houses of accused Project Manager Mushtaq Ahmad Bhat at Charsoo Awantipora and Momindabad Batamaloo and residential house of accused beneficiary proprietor of M/S Ubaid Rashid Wani namely Ubaid Rashid Wani at Rehmat Abad Colony, Hyderpora, Srinagar. During house searches, some incriminating documents having bearing on the case have been found and seized on spot. Further investigation of the case is going on.

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