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Court frames corruption charges against former Executive Engineer, others
11/17/2021 11:31:29 PM

Early Times Report

JAMMU. Nov 17: Additional Sessions Judge, anti-corruption Udhampur S C Katal has framed charges against then Executive Engineer Mahore and others for allotment of most of the work in the R&B special sub division Mahore to blue eyed persons.
The court framed charges against Sunil Gupta the then XEn Special Sub Division Mahore, Lakh Deep Singh Jamwal, AAO in the office of XEn Special Sub Division Mohore Reasi, Chatter Singh, Abdul Hamid, Mohd Hanief, Farman Ali and Mohammad Afzal contractors.
According to ACB case a verification conducted by Vigilance Organization to enquire into the allegations of allotment of most of the work in the special sub division to blue eyed persons in violation of codal formalities reveals that Executive Engineer R&B division Mahore had shown 162 works executed departmentally during the financial year 2010-11 involving total amount of Rs. 2, 53, 87,520 without inviting any tenders thereby defeating the purpose of ascertainment of rationality of rates and getting the work executed through professional contractors and making the payment without deducting service tax.
The information received from the engineer revealed that the works were executed departmentally on emergent basis through the agency whose land/houses were coming under the alignment of road constructed in the division, where as the verification conducted found that most of the works were executed through the accused contractors.
The verification conducted revealed that the then Executive Engineer had abused his official position and allotted the works to his blue eyed contractors under the garb of departmental execution and further benefitted them by not deducting service tax while releasing payments in their favour.
Accordingly FIR above mentioned for commission of offences under Sections 5(1) (d) read with Section 5(2) P.C. Act, 2006 came to be registered in Police Station Vigilance Organization Jammu (Now ACB) Udhampur. The investigation officer concluded that 161 works amounting to Rs. 2, 86, 32,080 on which calculation of loss due to the non deduction of service tax @ 10 % come to the Rs. 28, 63,208 to the state exchequer.
Additional Sessions Judge, anti-corruption Udhampur Katal observed that there is sufficient oral as well as documentary evidence available on file/record which on its face value reveals that accused Executive Engineer PWD in league with Jamwal deliberately fragmented the works in parts to bring them within his financial competence and by abusing his official position got executed 161 number of works amount of Rs. 2.86 crores without inviting tenders.
The accused deliberately by misuse of their official position as government officials have misappropriated the government money entrusted to them firstly by not inviting tenders and thereafter, by non-deduction of the service tax @ 10 % resulting loss to the Govt. exchequer in respect of works executed in the year 2010-11. The accused persons are charge-sheeted accordingly.
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