Payment for non-existing work in JU
Excelsior Correspondent
JAMMU, Mar 8: Additional Sessions Judge Anticorruption Jammu OP Bhagat has directed SSP Anti-Corruption Bureau to conduct further investigation into the FIR relating to payment made against non-existing work within a period of three months.
According to the Anti-Corruption Bureau case, University of Jammu lodged a written complaint alleging that Suresh Kumar Sharma, Incharge Executive Engineer, Akash Bhola, Assistant Engineer, Virender Singh Wazir, JE of PWD and Karam Chand, contractor conspired among themselves and drew an amount against the work of fixing of tiles on the first floor of the building of The Business School at New University Campus whereas no such work was done on spot.
A verification conducted into the allegations revealed that Virender Singh Wazir, JE had prepared a fake measurement book showing laying of tiles on the floor of the building knowing well that the tiles had not been laid and the work had not been executed. Akash Bholla, AE attested the bill and Suresh Kumar Sharma recommended the bill to the account branch for payment knowing well that work had not been executed.
Karam Chand, contractor who was entrusted the construction work actually had not executed the work relating to fixing of tiles but he wrongfully claimed the amount against un-executed works. On the basis of fake and wrongfully claim of Karam Chand and fake and wrong report of Suresh Kumar Sharma, Akash Bhola and Virender Singh Wazir, an amount of Rs 3,49,376 was paid to the contractor thereby causing loss to the exchequer. On the basis of the facts as emerged during verification, FIR under relevant sections was registered and the investigation of the case was taken up. The case was closed as proved against the accused persons and beneficiary.
After hearing both the sides, the court observed, “since sanction for launching prosecution against accused Suresh Kumar Sharma and Akash Bhola has been denied by sanctioning authority, so, on the basis of denial of sanction the court is not in a position to frame charge against them”, adding “there was sufficient material against accused but the Sanctioning Authority has not applied his mind”.
“Because of 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”, the Additional Sessions Judge said, adding “this 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”.
Accordingly, court directed SSP ACB Jammu to further investigate the case FIR No. 11/2012 and ensure that the needful is done by the IO within a period of three months from the date of receipt of this order.
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