| Court orders to convert closure report into challan | | Steel Rolling Mill, officials in dock | |
Early Times Report
Jammu, Aug 19: In the 4,000 MT TMT purchase scam of 2009-10, Special Judge Anti-Corruption, Jammu, Sanjay Dhar has ordered the conversion of closure report into challan. According to the FIR, a case was registered against then Chief Engineer/Director Store Procurement Department, J&K, M A Malik, Steel Rolling Mill at Bari-Brahamana and others under section 120-B of RPC read with section 5(1) (d), 5(2) of J&K PC Act 2006. According to the SVO, during checking it found that Malik issued NIT dated April 24, 2009 for purchase of TMT bars and subsequently issued the supply orders for purchase of 4,000 MT TMT bar FE-500D in favour of a Steel Rolling Mill at Bari Brahmana. The supplies received were subjected to test check through SICOP, Jammu, which found that the supplied item did not conform to the specification mentioned in the supply orders. However, the director store procurement department, in league with the accused public servants and others with criminal intent subsequently managed the procurement of the supplied items against the payment. During the check period, the SVO found that as a part of criminal conspiracy, the accused Director wilfully issued NIT for purchase of FE 500 instead of FE 500-D to facilitate the purchase . The TMT bars had been manufactured from ingots (substandard material) instead of billets which did not conform to the composition of TMT Bar mentioned in the NIT.
After the completion of inquiry, VOJ presented closure report in the court of Special Judge Anti-Corruption, Jammu, who after going through the closure report, observed that Chief Accounts Officer, Directorate of SPD, who was member of the purchase committee, had brought this fact to the notice of Chief Engineer/Director SPD but the said opinion of accounts expert was ignored.
In the face of foregoing discussion it comes to the fore that due to the acts and omissions of Malik, a total loss of Rs 65,32,116 had been caused to the state exchequer and corresponding undue benefit had been conferred upon a particular Steel Rolling Mills, Bari Brahmana. Therefore, prima facie it appears that Malik had, in collusion with the suppliers, had committed acts which have contours of criminal misconduct on his part. The conclusion of investigating agency that there is no criminality involved in the present case appears to be contrary to the material on record. In fact, the investigating officer of this case has, while submitting his report to his superior officers, concluded that offences are made out against the accused but it appears that some mysterious hand has worked in favour of accused, compelling the investigating agency to take a U-turn and file the closure report.
The judge observed that there is sufficient material on record to proceed against Malik and the two suppliers. Since the accused was no more in service, as such, the bar to taking cognizance of offences in the absence of sanction from the competent authority as contained in S 6 of P C Act does not get attracted to the instant case. The material on record shows owners of particular rolling mill were the partners of the Steel Rolling Mills. Cognizance of offences under section 5(1) (d) read with 5(2) of J&K Prevention of Corruption Act and section 120-B of RPC is taken accordingly and presence of the above named accused is directed to be secured by issuance of bailable warrants in the amount of Rs 25,000 each. Anything said in this order shall not prejudice the case of accused at any subsequent stage of the proceedings. Office shall re-register the case as a challan, the judge directed. (JNF) |
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