Minister cancels fraudulent supply order of Rs 11.2 cr; CEO ignores

Fayaz Bukhari
Srinagar, May 1: A major fraud has been detected in Jammu and Kashmir Energy Development Agency (JAKEDA) where the in-charge Chief Executive Officer with the active connivance of the Commissioner Secretary of Science and Information Technology department has procured solar home lighting and solar lanterns for Rs 11.2 crore despite then Minister for Science and Information Technology cancelling the supply orders following detection of the fraud.
The Comptroller and Auditor General of India has found procedural and codal lacunae in the procurement process of the solar home lighting and solar lanterns. Sources said that these lacunae are deliberate just to fill the coffers at the cost of State exchequer.
“The matter has come to the knowledge of the then Hon’ble Minister Science and Information Technology Department who while taking serious note of the matter had ordered (November 2009) cancellation of the supply orders. However, no action was taken and the agency went ahead with the procurement”, the CAG report says.
The Commissioner-Secretary has said that they didn’t receive any letter of cancellation of supply orders from the Minister. However, a note (dated November 9, 2009) of the Minister ordering cancellation of the supply order has been found written on the file and marked to then Principal Secretary of the Department.
The In-charge CEO JAKEDA has placed the supply order and indents on October 23, 2009 fraudulently before obtaining approval of the Principal Secretary of the Department, who approved supplies on October 26, 2009.
The JAKEDA as per norms had to get approval from the Governing Body or Executive Committee of the Agency before placing the supply order but they didn’t obtain any such approval.
As per the rules of the JAKEDA cheques above Rs 10, 000 upto Rs one crore are to be signed jointly by Accounts Officer and the CEO and beyond Rs one crore by the CEO and the Commissioner-Secretary of the Department.
However, the CEO in connivance with the Commissioner-Secretary of the department has split the supply order of Rs 11.2 crores into 14 supply orders below one Crore rupee each so as to avoid signature of the competent authority.
The Commissioner-Secretary of the Department while justifying the split of the supply order says that the programme was to be implemented in various districts of the State in various blocks. However, the CEO and Commissioner-Secretary of the department had appended no such instructions with the supply order.
The agency placed (October 2009) supply orders for a solar home lighting system at a rate of Rs. 12,978 just before seven days of lapse of rate contract valid for the period from November 2008 to October 2009. However, no clause relating to price fall was incorporated in the terms and conditions while placing the supply orders.
The non-inclusion of the clause has resulted in excess payment of Rs 3.81 lakh, as the new rate contract (effective from November 2009) for the solar home lighting systems was approved for Rs 12, 500 per system.