Excelsior Correspondent
JAMMU, July 19: Additional Sessions Judge Udhampur Dinesh Gupta today rejected the closure report filed by Anticorruption Bureau in FIR No 1/2016 and issued direction for further investigation in the matter.
As per the FIR, a Joint Surprise Check was conducted against PWD (R&B) Division Udhampur for drawing Rs 24.25 lakh against the construction of bridge over Devak Nallah at Benisang whereas no such bridge was actually constructed and it came to the fore that the then Executive Engineer PWD (R&B) Division, Udhampur namely S P Gupta floated tender for the work of repair of Foot Suspension Bridge 365-0 span over river Tawi at Benisang for a tendered cost of Rs 9 lakh.
The work was allotted to the contractor Kuldeep Raj, son of Bishan Dass of Bain for an allotted amount of Rs 11,32 lakh vide Executive Engineer allotment No. 4543-49 dated 31.08.2009. The Executive Engineer PWD (R&B) Division Udhampur floated the tender without Technical Sanction despite the fact that in the absence of accord of Administrative Approval, Technical Sanction and availability of funds against a specific work, the tenders cannot be floated as such Executive Engineer abused his official position.
Funds to the tune of Rs 23.90 lakh were received by the department under District Plan in installments for the work of construction of 38.00 mts span Foot Suspension Bridge over Devak Nallah at Benisang during the period 2008 to 2013. The amount of Rs 23.90 lakh was misappropriated by the accused Executive Engineer in criminal conspiracy with the officers/officials and others who remained associated with the work.
Moreover, an amount of Rs 13.50 lakh was drawn against the repairs of the old bridge by way of replacement of Deodar Timber. However, neither the old material was accounted for nor mentioned in the estimates or bill. An amount of Rs 0.39 lakh was shown drawn against already existing approach path for 365 feet Foot Bridge but it was not mentioned as to why it was done when it was already functional and executed.
An amount of Rs 4.69 lakh was wrongfully drawn as wages of casual labourers etc whereas it was meant for construction of bridge. This was shown drawn in violation on two accounts, firstly such engagements are absolutely banned and secondly the money was not meant for it. Likewise an amount of Rs 5.32 lakh was shown illegally drawn against freight charges of materials when the sources and destination of the materials were not mentioned and the source of funding to purchase the same with details of materials were also not mentioned.
The material was booked against such a scheme which was neither approved nor any prior sanction was received from the concerned authorities. Thus, the officers/officials of PWD (R&B) abused their official positions and exhausted the state exchequer unnecessarily. The acts of omission/commissions on the part of accused public servants namely Ram Singh, the then AEE, Varinder Kumar, the then JE, Executive Engineer PWD (R&B) Division Udhampur S P Gupta and others constitute the offences punishable under Prevention of Corruption Act.
After going through the closure report, the court observed, “as per material on record, at different occasions, different estimates costs were projected by the department for the renovation of bridge over river Tawi and tender was called for different amount and finally contract was allotted at different rates”, adding “iInvestigation is silent with regard to this variation and projected estimated cost by the department”.
“The financial transaction is required to be investigated properly in order to ascertain whether officials of the department tried to give undue/illegal advantage to the contractor or again there is some explanation rendered by the accused or by Engineering Wing of Anti Corruption wing”, the court said while rejecting the final report and issuing directions for further investigation.
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