Procedural violations in public procurement can constitute criminal misconduct under the Prevention of Corruption Act, highlighting the need for transparency and adherence to regulations in awarding tenders.

JUDGMENT

Subramonium Prasad, J. The petitioner seeks quashing of the order on charge dated 16.12.2020, and charge dated 23.12.2020, framed by Special Judge, (CBI-05), (Prevention of Corruption Act), Rouse Avenue District Court, New Delhi in CC No.249/2019.

2. Shorn of details, the facts leading to the filing of the present petition are as follows:

a) Information was received that irregularities had been committed in awarding of tender pertaining to renovation work at Pay and Account Office, (IRLA), AGCR Building, Ministry of Information and Broadcasting, New Delhi.

b) On receipt of the information, a preliminary enquiry being PE-7(A)/2012-DLI was registered on 26.09.2012 at CBI, ACB, Delhi.

c) An enquiry was conducted by SI Ram Kumar Shukla, CBI, ACB, New Delhi.

d) On completion of enquiry, SI Ram Kumar Shukla registered an FIR being RC No.DAI-2013-A-0004 for offences under Sections 120B read with Sections 420 , 468, 471 IPC and Section 13 (2) read with 13(1)(d) of the Prevention of Corruption Act, 1988 (hereinafter referred to as "The P.C. Act").

e) Charge-sheet was filed. The petitioner herein was arrayed as A-5 in the charge-sheet. The charge-sheet reads as under:

"Investigation has disclosed that vide note dated 18.06.2008, Sh. Vilas Rao Ghodeswar, Chief Controller of Accounts, Ministry of Information and Broadcasting approved a proposal moved by Sh. N.K. Gupta, Sr. Accounts Officer. Thereafter Sh. Vilas Rao Ghodeshwar had constituted a tender committee without a single technical person. The members of the tender committee were

i) Sh. N.K. Gupta, Sr. AO as Chairman,

ii) Sh. M.D. Gupta, AAO, Member,

iii) Sh. R.K. Bhambi, AAO member and

iv) Sh. Amit Dabas, Accountant, member.

The committee was for the purpose to suggest suitable remedies to improve the condition of the office premises of the PAO. The tender committee had submitted an estimated area for renovation works at PAO(IRLA), AGCR building, Shastri Bhawan, M/o I&B, New Delhi. Sh. Vilas Rao Ghodeswar, Chief Controller of Accounts had approved the estimated area of work of 4725 Sq. Ft for Rs.85,07,060/- which was beyond his financial delegation of power. The financial approval was to be obtained from the Addl. Secretary & Financial Advisor (AS&FA) M/o I&B Govt. of India, but no such approval was obtained by him. Sh. R.C Mishra was the Addl. Secretary and Financial Advisor of M/o I&B, New Delhi during the relevant time. He has been examined and he disclosed that no approval was obtained from him in the present works. In this regard there are no files pertaining to approval of AS&FA in the O/o the CCA, M/o I&B, New Delhi. Without the approval of AS&FA by Sh. Vilash Rao Ghodeswar, CCA, a tender for renovation works was invited in the website of Ministry of Information and Broadcasting on 09.07.2008 with due date of submission on 24.07.2008. In response thereof five firms had submitted their applications. The firms are

1) M/s Sunsilk Carpets and Furnishers, Munirka, New Delhi

2) M/s Vidhi Carpets, C-264 Kamalpur Burari, Delhi-92

3) Sudan Carpets, 4641/21 Ansari Road, Daryaganj, New Delhi-22

4) Vimala Enterprises,12951 Sector-5, R.K.Puram, New Delhi and

5) Kamal Enterprises, 328/12, R.K. Puram, New Delhi.

2. M/s Vidhi Carpets had quoted lowest rate at Rs.79,80,420/-; M/s. Sunsilk Carpets & Furnishers quoted 2nd lowest rate at Rs.85,07,060/- and M/s Vimala enterprises quoted highest rate at Rs.90,33,700/-. The lowest one i.e. M/s Vidhi Carpets was rejected as its work experience was for only 2 similar works as against the minimum requirement of 7 similar works as mentioned in the NIT. The 3rd lowest one i.e. M/s Vimala Enterprises was rejected as it quoted higher rates than the others. the second lowest one i.e. M/s Sunsilk Carpets & Furnishers was considered successful in the tender and was awarded the work for Rs.85,07,060/-. The EMD drafts of unsuccessful firms were returned. M/s Kamal Enterprises and M/s Sudan Carpets had not submitted the draft of Rs.2.00 lacs for E