HC refuses to quash FIR against Engineers by VOJ

06/08/2017

JAMMU, Aug 5: In a 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.
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. Hence this petition is dismissed. This significant direction has been passed in a petition filed U.S Dour then Executive Engineers & Ors.
According to the FIR A joint surprise check (JSC) conducted on a report into the allegations of misappropriate of funds committed by officers/officials of PHE Sub-Div. Bhalwal during the period 2004 to 07 (financial year) with respect to execution of water supply schemes ltd. Sumbliwal, Guraha Pattan, Amb, Dumi, migrant camp purkhoo and Bajari Gorda through accelerated Rural Water Supply Programme (a Central Govt. Scheme) by way of drawing bills against (i) Non-existent works (ii) by preparing and drawing fraudulent bills of labour component and (iii) the expenditure has not been incurred as per approved action plan, has revealed that a large scale misappropriation/bungling of funds have been taken place on the name of actual labour used for laying/ dismantling/ rethreading of G.I.Pipies 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 estimate reveals that Rs. 5,092,320/- have been charged and as inflated labour component in Water Supply Scheme, Kot 2nd for different diameters. Rs.57 have also been charged for omission/testing of rising main of 3", 4" and 6" dia in some Schemes, whereas which was not permissible as it is included in the Schedule rates for laying of pipes of different diameters in the said Schemes.
The JSC further reveals that Rs.2,13,760/- have been shown charged for welding of pipes of different dias in the above mentioned Schemes. Whereas the owner of the Firm M/s Kulwant Singh Khasla Steel Fabricate, Govindpura, Satwari, Jammu, hwo have shown executed the said work, denied the same.
The joint surprise check also reveals that in a test check of 39 estimates of sumbliwala Schemes Rs. 2,92,715/- have been charged as inflated labour component for laying/dismantling rethreading of G.I.Pipes of different diameters in the shape of labourers and fitters which are in excess to the rates charged on the basis of schedules rates prevalent at the time.
The joint surprise check further reveals that 10% of contractors profit has also been charged by the officers/officials of PHE Sub Div. Ahknoor concerned in laying/dismantling/rethreading of pipes of different diameters in the above mentioned water Supply Schemes, whereas, the work has been executed departmentally.
Thus, the aforementioned commission/ commission on the part of officers/officials of PHE Sub Div. Bhalwal, Akhnoor namely S/Sh. V.K.Abrol the then Xen, U.S. Dour, the then Ex. Eng.(XEn), R.C.Gupta, the then Xen PHE Div. Akhnoor, Surinder Singh, the then AEE Sub Div. Bhalwal, Sanjay Nargotra, the then AEE Sub Div. Bhalwal, R.K.Sharma, Head Draftsman, N.K.Kohli, Head Draftsman, T.K. Sharma, J.E and D.B Singh, JE and others prima facie disclose offences punishable u/s 5(1) (D) r/w section 5(2) PC Act 2006 BK & 120-B RPC. JNF

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