Excelsior Correspondent
SRINAGAR, Mar 27: High Court today directed the Central Bureau of Investigation (CBI) to conclude the investigation with regard to irregularities into the implementation of Health scheme for Jammu and Kashmir Government employees.
Justice Rajnesh Oswal while refusing to quash the FIR as was prayed by the petitioner-Insurance Company directed the CBI to conclude the investigation of the case and directed the Company to also participate in the investigation so as to enable the CBI to conclude the investigation expeditiously. “In view of above, this Court does not find any reason to show indulgence for the purpose of quashing the impugned FIR”, he directed.
The allegations were raised by the General Administration Department, Government of J&K with regard to the irregularity in the execution and implementation of the Health scheme for J&K Government employees was found and the FIR was registered by the CBI on 19.04.2022 and investigation was set into motion.
It is stated that after being successful in the tendering process, the petitioner (M/s Trinity Reinsurance Brokers Ltd) was appointed as Insurance Broker to design and implement the Group Medi-claim Healthcare Insurance Policy for all the State Government employees including the employees of PSUs, Autonomous Bodies, Local Bodies, Universities, pensioners etc. and their dependant family members for a period of three years.
It is further stated that seven bids were received from the tenderers out of which Reliance General Insurance Company Limited (RGICL) was declared as lowest bidder as its bid was 40% less than the other bidders and finally was recommended for issuance of Letter of Award.
A tripartite agreement dated 15.10.2018 was executed between the company, Government of J&K and RGICL. It is pleaded by the petitioner that the company has not received any amount from the J&K Government but has received remuneration from RGICL only for a brief period of three months as brokerage charges in terms of the agreement.
The agreement was terminated abruptly vide notice dated 30.11.2018 by the Finance Department of the J&K Government and thereafter an investigation was carried out by the Anti-Corruption Bureau (ACB) in respect of alleged malpractices in awarding the aforesaid contract to RGICL but after thorough investigation, the ACB concluded that no irregularity was found in the matter.
Thereafter the FIR in question was registered by the CBI on the written communication alleging the connivance and conspiracy between unknown public officials of the Government of J&K, the company and M/s RGICL to allegedly commit the offences of conspiracy and criminal misconduct to cause pecuniary advantage to themselves and wrongful loss to the sate exchequer during the period 2017-18.
The CBI while opposing to quash the FIR stated that a Regular Case No.RC1232022A0004 was registered by CBI, ACB, Srinagar, on 19.04.2022 against the petitioner, RGICL and other known public servants and private persons under Section 120-B r/w Section 420 of J&K Penal Code (Ranbir Penal Code) and under Section 5(2) r/w Section 5(1)(d) of the J&K PC Act, on the basis of written complaint.
“The unknown officials/officers of the Government of J&K in conspiracy with M/s Trinity Reinsurance Brokers Limited and M/s RGICL committed criminal misconduct by hiring M/s Trinity Reinsurance Brokers Limited as consultant/intermediary to guide the department in the tendering process. M/s RGICL was allowed to misappropriate the funds of J&K Government by allowing insurance policy to continue for one quarter, wherein the notice for foreclosure of the contract with effect from 31.12.2018 was served upon M/s RGICL on 30.11.2018”, read the response of CBI.
Justice Oswal while referring to the apex court ruling on such issue said the High Courts should refrain from interfering with the investigation when the facts are hazy and not clear. The investigation should not be scuttled at the initial stage and quashing of FIR or complaint is not a rule but an exception.
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