Payment for non-existing works: ACB directed to carry out further investigations

STATE TIMES NEWS

JAMMU: Additional Sessions Judge Anti-Corruption Jammu, O P Bhagat has directed SSP ACB Jammu (earlier VOJ), to further investigate FIR 11/2012 registered at Police Station Anti-Corruption Jammu besides ensuring that the needful shall be done by the I.O within a period of three months.
As per the case, University of Jammu lodged a written complaint with SVO alleging therein that one Suresh Kumar Sharma, the then Incharge Executive Engineer; Akash Bhola, the then Assistant Engineer; Virender Singh Wazir, JE of UWD and Karam Chand, Contractor, resident of Gandhi Nagar Jammu had withdrew an amount against work of fixing of tiles @ 1100 per Sq mt on first floor of building of ‘The Business School at New University Campus Jammu’ whereas, no such work was done in reality. A verification conducted into the allegations revealed that Virender Singh Wazir, Jr Engineer had prepared a fake Measurement Book showing lying of tiles on floor of building knowing fully well that tiles had not been laid and work had not been executed and also prepared fake bills. Akash Bholla AE attested fake bills and MB while Suresh Kumar Sharma recommended the bills to account branch for payment knowing well that work had not been executed. On the basis of take and wrongfully claim of Karam Chand contractor and fake and wrong reports officials, an amount of Rs.3,49,376 was paid to contractor thereby causing loss to State Exchequer. Accordingly, FIR under relevant sections was registered and the investigation started. The accused persons by abuse of their official position and in furtherance of a criminal conspiracy for their pecuniary benefited caused a loss of Rs 3,49,376 to the State exchequer which proves offences punishable under sections 5(1)(d) read with 5(2) J&K PC Act 2006 and sections 467, 468, 471, 201, 120-B of RPC against them. Accordingly, case was closed as ‘Proved’ against accused namely Suresh Kumar Sharma (Executive Engineer UWD), son of Late Yogeshwar Bhagat, resident of 413-A, Gandhi Nagar, Jammu; Akash Bhola (AE UWD), son of O P Bhola, resident of 11, Sector-3, Trikuta Nagar; Virender Singh Wazir (JE PWD), son of Onkar Singh, resident of 154, Sector-7, Channi Himmat and Karam Chand, son of Late Lashman Dass, resident of 38, AC/C Gandhi Nagar, Jammu.
Court after hearing both sides, observed that since sanction for launching prosecution against accused, Suresh Kumar Sharma (Executive Engineer UWD) and Akash Bhola (AE UWD) have been denied by Sanctioning Authority, so, on the basis of denial of sanction, the court is not in a position to frame charge against accused namely Virender Singh Wazir (JE PWD). “There was sufficient material against accused Suresh Kumar Sharma (Executive Engineer UWD) and Akash Bhola (AE UWD) and the Sanctioning Authority has not applied his mind and declined the sanction against two accused persons of without considering the material available on record, accused can be discharged on this count only. The answer is in negative because for the lapse of the Sanctioning Authority case of the prosecution cannot be thrown to the dust bin at this stage rather the Court is empowered to take notice of this lapse and the error committed by Sanctioning Authority is curable and can be rectified by the Investigating Officer, but this does not give a cause to the accused present in the court to seek discharge. Now the question before this Court is whether a further investigation would be permissible for setting the things straight on record,” the Court observed. “Court is not inclined to accept the contentions of the counsel for the accused to discharge him rather is inclined to order further investigation in to the matter and directed SSP ACB Jammu (earlier VOJ), to further investigate the case FIR 11/2012 of Police Station Anti-Corruption Jammu and will ensure that the needful shall be done by the I.O within a period of three months from the date of receipt of this order by SSP ACB Jammu. Concerned clerk is directed to hand over the file in hand to the APP of the court who will forward the same to SSP ACB Jammu,” the Court directed.