Allotment of fair price medical shop in Sarwal Hospital
*Strictures passed against investigating agency
Excelsior Correspondent
JAMMU, Dec 6: In the much publicized case regarding misuse of official position in allotment of fair price medical shop in the premises of Govt Hospital Sarwal, Special Judge Anti Corruption Jammu Haq Nawaz Zargar has returned the challan for further investigation.
According to the prosecution case, a complaint was lodged by Balwinder Singh against Medical Superintendent Govt Hospital Sarwal alleging therein that the officers/officials of District Hospital Sarwal in criminal conspiracy with Proprietor of M/s Rajinder Medical Hall changed the terms and conditions of NIT for allotment of shop in the premises of hospital and the construction work of the shop was delayed deliberately by the then officers/officials of Govt Hospital Sarwal.
As per condition No 17 of NIT, the highest bidder was required to deposit 50% of the premium at the time of allotment of shop while as the balance 50% of the premium was to be deposited within next 90 days. In response to NIT, seven firms participated in the tendering process amongst which, M/s Rajinder Medical Hall Shalimar Road Jammu was found the highest bidder with Rs 38,00,000 while as M/s Shivani Medicos Sarwal Jammu was found the second highest with bid of Rs 24,00,000.
After opening of tenders, the letter of intent was issued to M/s Rajinder Medical Hall vide letter No. SHJ/111-114 dated 23-04-2012 by Medical Superintendent Sarwal, Hospital, Jammu in accordance with the terms and conditions of NIT. During investigation, it came to the fore that proposed shop was yet to be constructed as such, the then officers/officials of District Hospital Sarwal, in criminal conspiracy with propriety of M/s Rajinder Medical Hall allotted a makeshift place vide letter No. SHJ/327-329 dated 23-05-2012. The terms and conditions were modified and new terms were added.
As per modified conditions, the change in terms and conditions facilitated the business of beneficiary M/s Rajinder Medical Hall under the guise of makeshift arrangement that too without paying any money in lieu thereof. It was further revealed that the construction work of the shop was delayed deliberately by the then officers/officials of Govt Hospital Sarwal and when it was completed, Suresh Gupta, Prop of M/s Shivani Medicos under well planned criminal conspiracy with Rajinder Gupta, Prop of M/s Rajinder Medical Hall obtained a stay order from the High Court regarding allotment of fair price shop to M/s Rajinder Medical Hall but later on M/s Shivani Medicos Sarwal Jammu withdrew the writ petition filed by him, which clearly indicates that the writ petition was filed just to facilitate M/s Rajinder Medical Hall to delay and avoid payment of pending bid money of Rs 1,71,50,000.
After completion of investigation, challan was presented against Dr Arun Sharma, Rajinder Gupta, Suresh Gupta and then MLA.
After going through the challan, the Special Judge Anticorruption observed, “the investigation has been conducted in a very casual manner without showing any concern for vital issues. It appears that the investigating agency has created a mess of the facts and so many questions do not find any answers from the material on record”.
“The instant matter needs to be further investigated. Ordinarily the investigating agency should have done it on its own but it has not chosen to do so for the reasons best known to it”, Special Judge said, adding “verily, bad and casual investigations have a demoralizing effect and it perturbs the very object of the process of law in every field particularly in anti corruption laws, which are professed not only to check the unbridled corruption in the society but also to bring the offenders to justice at the earliest effectively with promptness”.
“As per the charge-sheet and enquiry report against Dr Arun Sharma, six persons signed the tender and approved the same but the record does not show as to who were the six persons who had taken part in the tender process and who were members of the Governing Body of RKS during the year 2012”, the court said, adding “there are allegations that the concerned Medical Superintendent had delayed in disbursing amount to the executing agency, it has not been investigated as to whether the funds were available in the office of Medical Superintendent”.
“It is to be noted that Medical Superintendent stand transferred from Sarwal in March 2013, why the subsequent Medical Superintendents have not been enquired regarding the construction of shop at the earliest”, the court further said.
The Special Judge further said, “I cannot resist to observe that in the present case the investigating officers as well as Supervisory Officers have acted in a casual manner. They cannot absolve themselves of their legal duties and responsibilities, so are required to be held responsible for their casual approach in conducting the investigation in this matter”.
Accordingly, court directed Director ACB to look into the matter. “Furthermore, it is advisable that the officers in the higher hierarchy in the ACB need to evolve an effective and timely mechanism so that investigations are conducted and concluded in proper way and in time”, the court added.
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