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| CBI files closure report against 2 CE NHPC | | | EARLY TIMES REPORT
Jammu, June-18 (JNF):- Special Judge Anticorruption Jammu AK Koul had accepted closure report filed by CBI/ACB against two Chief Engineers of NHPC namely NHPC Babu Lal Gupta and MK Bohara allegedly involved in recovered the damage to the tune of Rs 2.93 crores from the contractor.
CBI filed this closure report after more than 10 months investigation of the case. According to the CBI case that a contract for executing rural electrification work for villages Below Poverty Line in District Kathua was awarded by NHPC to M/S Larsen & Toubro New Delhi on April 3, 2007. The special condition of contract the work was to be executed within 14 months from the date of issue of letter of award failing which the damage were to be leveled at 5% of the contract per calendar week maximum 10% of the contract price. According to the terms the work was to be completed by June 2, 2008, the work could not be completed within said period, so the contractor liable to pay liquidated damage to the tune of Rs 2.93 crores and instead of recovering this amount, the then Chief Engineers BL Gupta and MK Bohara granted extension to the contractor from time to time when they were not competent to do so. A case u/s 120-B r/w section 420 RPC and 5(2) r/w 5(1) (d) of J&K PC Act 2006 was registered against BL Gupta & MK Bohara both Chief Engineers of NHPC and contractor M/S Larsen & Toubro Ltd New Delhi. The IO came to conclusion that no criminal liability could be fixed on the Chief Engineers due to certain reasons which have been spelt out by the IO in his closure report, however, regular departmental action was sought against both the Chief Engineers on account of professional impropriety on their part in granting extension from time to time without their competence. The IO pointed out that recovery proceedings have already been initiated and Rs 15 lacs has been recovered from the contractor and an amount of more than 3 crores is yet to be paid to the contractor for the work already executed by it and the outstanding liquidated damages could be recovered from that amount.
After going through the closure report filed by Senior PP SK Bhat CBI and Mr. Ashok Kalra Inspector IO the case, Court observed that the matter does not need any further action more so in view the reason recorded by the IO and the terms and conditions of the contract agreement and special condition of contract. Apart from that major penalty has been proposed against then Chief Engineers, Court feels that was the appropriate course to be adopted but in so far as the criminal liability is concerned, Court concur with the opinion of the Investigating Officer and accepted the closure report. JNF
JNF/JUNE/18/2011/2
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