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Sanction accorded to prosecute ex-floriculture director, his junior
8/25/2010 12:48:11 AM
EARLY TIMES REPORT
JAMMU, Aug 24: The government today accorded sanction to the prosecution of Kulbushan Kumar Sharma, who was incharge director floriculture in 1996, and his junior Abdul Rashid Mir for commission of offences punishable under prevention of corruption Act. The order to this effect was issued today by deputy secretary, general administration department (GAD).
It is alleged that a case under FIR No 24/2006 was registered against the two officers on September 20, 2006, by state vigilance organisation (SVO) to probe into the allegations of purchase of equipments on highly exorbitant rates by the members of state level purchase committee (SLPC)
As per government order No 227/TSM dated October 28, 2004, SLPC was constituted for the purchased of machinery equipments for floriculture department.
While Kulbushan was made SLPC chairman, other members included Rajnish Kumar (FA/CAO tourism department), Pran Dullu (deputy director floriculture department), Anoop Koul (deputy director central floriculture department), Rakesh Kumar Gupta (function manager, DIC) and Harcharan Paul Singh, (project officer, cut flower project, Srinagar).
Sealed tenders were invited for supply of 10 floriculture machinery equipments: Ride on Mower, Lawn Mower, Chain Sew, Hedge Trimmer, Mist Blowers, Lawn Mower Heavy Duty (Electric), Earth Augurs, Brush Cutter (Back Pack), Hover Mower and Electrict Grass Mower.
Four firms -- M/s Durga Seeds Stores, Chandigarh, M/S Gurunanak Steel Manufacturer, Jallander, M/S Swastic Enterprises, Muthi, Jammu, and M/S Balaji Traders, Jain Nagar, Abhar -- submitted their tenders.
Rates quoted by the Muthi firm and the Chandigarh firm for eight items, i.e Lawn Mower, Chain Sew, Hedge Trimmer, Lawn Mower Heavy Duty (Electric), Brush Cutter, Hover Mower, Electric Grass Mower and Ride on Mower and two items i.e. Mist Blower and Earth Augur respectively were found lowest and accordingly declared as L1.he rates were further negotiated with L1 and 5 per cent as rebate was deducted on each item.
Investigation revealed that on September 4, 2005, Kulbushan, at the Instance and suggestion of SLPC members, contacted M/S Ratna Giri Impox Pvt Ltd, Bangalore, to ascertain the rates of the tendered machinery equipments and obtained price list through fax.
Kulbushan marked and endorsed the fax to section officer Abdul Rashid Mir for immediate necessary action.
The accused incharge director, under a conspiracy in league with Mir, dishonestly withheld the information relating to the price of purchased machinery equipments as contained in the fax received from the Bangalore firm with criminal intent to effect the purchase of items on exorbitant rates to confer undue benefit upon the supplier firms and themselves with corresponding loss to the state exchequer and subsequently issued supply orders to M/s Swastic Enterprises, Muthi, and M/s Durga Seeds Stores, Chandigarh. It was found that that purchase rates of the items and the rates of the same items mentioned in the faxed price list of principal supplier firm M/S Ratna Giri Impex Pvt Ltd, Bangalore, were compared and it was found that the equipments could have been purchased for Rs 33,78,489 after allowing Rs 1,09,000 as CST and Rs 34,984 as freight charges as against excess purchase rate of Rs 40,95,925 and the accused public servants were thus found to have conferred undue benefit of Rs 7,17,437 to the supplier firms with corresponding loss to the state exchequer.
A case under section 5(2) of the J&K Prevention of Corruption Act Samvat, 2006, read with section 120-B of RPC stands registered against them.
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