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| Court framed charges against former MS Sarwal Hospital & Ors in Sarwal Medical Shop Scam | | | Early Times Report
JAMMU, Mar 26: In a significant development in an anti-corruption case linked to the allotment of a Fair Price Medical Shop at Government Hospital Sarwal, the Court of Special Judge Anti-Corruption Jammu Sonia Gupta has framed charges against former Medical Superintendent Dr. Arun Sharma and private beneficiary Rajinder Gupta, holding that there is sufficient prima facie material to proceed against them for offences under the J&K Prevention of Corruption Act and criminal conspiracy law.
The case arose out of FIR No. 08/2020 registered by Police Station ACB Jammu after allegations surfaced that officers and officials of District Hospital Sarwal, in league with the proprietor of M/S Rajinder Medical Hall, had manipulated the tender conditions for allotment of a medical shop inside the hospital premises. The prosecution alleged that the original tender conditions were altered after the bid process to benefit the highest bidder and that a makeshift arrangement was unlawfully granted without timely payment, causing huge loss to the state exchequer.
Special Judge Anti-Corruption Jammu Sonia Gupta after hearing APP M.A Almansoor for the ACB, observed that the tender for allotment of the shop had originally required the highest bidder to deposit 50 per cent of the premium at the time of allotment and the remaining amount within 90 days. However, the terms were later modified, allegedly to facilitate M/S Rajinder Medical Hall, allowing it to operate from a makeshift space and defer payment until construction of the permanent shop. The investigation further alleged that construction of the permanent shop was deliberately delayed, which ultimately caused undue pecuniary advantage to the beneficiary and loss to the government.
Special Judge Sonia Gupta, after considering the submissions of the prosecution and defence, ruled that at the stage of framing of charge, the court is only required to see whether the material on record raises grave suspicion and discloses a prima facie case. The court held that there was enough material to show that Dr. Arun Sharma had abused his official position and entered into a conspiracy with the deceased co-accused and the beneficiary to confer undue benefit upon the latter.
The court noted that alleged accused Chaman Lal Gupta had died during the pendency of proceedings and accordingly ordered deletion of his name from the array of accused. It then directed that charges be framed against Dr. Arun Sharma and Rajinder Gupta under Section 5(1)(d) read with 5(2) of the J&K Prevention of Corruption Act, Samvat 2006, along with Section 120-B RPC. Both accused pleaded not guilty and claimed trial.
(JNF) |
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