HC directs trial court to proceed ahead with chargesheet against 4 Engineers

Excelsior Correspondent

Srinagar, Sept 28 : High Court dismissed the plea of 4 Central Public Works Department (CPWD) employees challenging framing of charges by the court below against the commission of offences under J&K Prevention of Corruption Act and directed the trial court to proceed with the trial of the case

The employees working as Executive Engineer, Assistant Executive Engineers were charged by the Court of the Special Judge, Anti-Corruption (CBI), Kashmir commission for criminal conspiracy with the contractor, M/S Sheikh & Sons, with the object of causing wrongful loss to the public exchequer and corresponding wrongful gain to themselves in connection with the contract for construction of a 9.1-km boundary wall for the Central University of Kashmir, Ganderbal, thereby causing a loss of Rs. 3.4 crore to the public exchequer.

The work had been allotted to one M/s Sheikh & Sons at a cost of Rs. 9.38 crore. The stipulated date of commencement of the work was 19.05.2013 and the date of completion was 11.08.2014. However, it was revealed that the contractor, in connivance with the public servants of the Central Public Works Department, Srinagar, did not execute the work in accordance with the approved specifications and drawings.

Petitioners were accused of having misused their official positions by entering into a criminal conspiracy with the contractor with the object of causing wrongful loss to the public exchequer and corresponding wrongful gain to themselves in connection with the contract for construction of the boundary wall.

Upon completion of the investigation, on 21.12.2018, a charge-sheet under Section 173 Cr.P.C. was presented before the Court of the Special Judge, Anti-Corruption (CBI), Kashmir, against the accused-petitioners and the co-accused, with a prayer that they be tried for the offences punishable under Section 120-B read with Section 420 RPC and Sections 4-H and 5(2) read with Section 5(1)(d) of the J&K Prevention of Corruption Act. Thereafter, the Trial Court proceeded to frame charges against the accused by passing the order under challenge.

Justice Sanjay Parihar while dismissing the plea seeking setting aside the framing of charges of these accused-employees said, framing of charge is an important stage in a criminal trial at which the Court is required to apply its mind to the material on record and the documents placed before it. "The same is, accordingly, dismissed, leaving the Trial Court free to proceed with the trial in accordance with law, interim directions if any shall stand vacated", the court said.

It was further alleged that defective work was found in 34 columns extending from village Tulmulla to Barsoo along the left side of the road and in 40 columns in the prefab area on the right side of the road. In addition, two plinth beams, each measuring approximately 2.70 metres in length, were found tilted.

About seven wall panels, out of a total of 150 panels in the Tulmulla area on the left-hand side, were also found tilted inwards. It was further alleged that, even after the expiry of the stipulated period for completion of the work, only 16% of the work had been executed by the contractor, and even that work was defective and of poor quality.