STATE TIMES NEWS
JAMMU: Justice Sanjay Gupta of J&K High Court dismissed the petition filed by engineers seeking quashment of FIR No.11/2013 under Section 5(1)(d) read with Section 5(2) of J&K Prevention of Corruption Act 2006 and Section 120-B RPC lodged at Police Station Vigilance Organisation Jammu (VOJ).
Justice Sanjay Gupta of J&K High Court after hearing both the sides observed that sanction is only required when investigation is completed but in present case investigation in the case is yet to completed.
This significant direction has been passed in a petition filed by U.S Dour then Executive Engineer and others.
According to the FIR, a Joint Surprise Check (JSC) conducted on a report into the allegations of misappropriation of funds committed by officers/officials of PHE Sub-Division Bhalwal during the period 2004 to 2007 (financial year) with respect to execution of water supply schemes at Sumbliwal, Guraha Pattan, Amb, Dumi, Migrant Camp Purkhoo and Bajari Gorda through accelerated Rural Water Supply Programme (A Central Government Scheme) by way of drawing bills against non-existent works by preparing and drawing fraudulent bills of labour component and not incurring expenditure as per approved action plan. During the course of JSC it was revealed that a large scale misappropriation/ bungling of funds has been taken place in the name of actual labour used for laying/ dismantling/ rethreading of GI Pipes of various dues in addition to the use of schedule rates of 1998/2001, prevalent during the period of execution.
A test check of 50 Nos. of estimates revealed that Rs. 5,092,320 have been charged as inflated labour component in Water Supply Scheme, Kot. For different diameters, Rs.57 were also charged for omission/testing of rising main of 3″, 4″ and 6″ dia in some Schemes, which was not permissible as it is included in the schedule rates for laying of pipes of different diameters in the aforesaid schemes.
The JSC further revealed that Rs.2,13,760 have been shown charged for welding of pipes of different dias in the above mentioned Schemes. The owner of the firm M/s Kulwant Singh Khasla Steel Fabricate Govindpura Satwari Jammu, who was shown to have executed the aforesaid work denied.
The joint surprise check also revealed that in a test check of 39 estimates of Sumbliwal Schemes Rs. 2,92,715 were charged as inflated labour component for laying/dismantling rethreading of GI Pipes of different diameters in the shape of labourers and fitters which are in excess to the rates charged on the basis of schedule rates prevalent at the time.
The JSC further revealed that 10 per cent of contractors’ profit has also been charged by the officers/officials of PHE Sub Division Akhnoor concerned in laying/dismantling/rethreading of pipes of different diameters in the above mentioned Water Supply Schemes, whereas, the work has been executed departmentally.
The aforementioned omission/commission on the part of officers/officials of PHE Sub Division Bhalwal, Akhnoor namely V.K Abrol, the then XEn , U.S. Dour, the then XEn, R.C Gupta, the then XEn PHE Division Akhnoor, Surinder Singh, the then AEE Sub Division Bhalwal, Sanjay Nargotra, the then AEE Sub Division Bhalwal, R.K Sharma, Head Draftsman, N.K Kohli, Head Draftsman, T.K Sharma, JE and D.B Singh, JE and others prima facie disclose offences punishable under Section 5(1) (D) read with section 5(2) PC Act 2006 BK and 120-B RPC.