RUMI KUMARI PHUKAN, J.

1. Heard Mr. Ninnong Ratan, learned counsel for the petitioner, also heard Mr. A. Bhattacharya, learned Special P.P., Central Bureau of Investigation (CBI), for respondent No. 2.

2. The case, in brief, is that because of some huge irregularities committed in the Power Department, Government of A.P. during the year 1993-98 in the tenure of the then Chief Engineer, Shri Darshan Singh, a complaint was made to the CBI in the year 2001 by the Under Secretary (Deptt. of Power) for investigation into the matter. Accordingly a case under section 120B, IPC read with section 13(2) read with 13(1)(d) of the P.C. Act, 1988 was registered against Sh. Darshan Singh and others. The CBI conducted investigation into 8 allegations, namely, allegations 1(A), 1(B), 2(A), 2(B), 3(A), 3(B), 4(A) and 4(B). The present petitioner is made an accused only in respect of allegation 1(A) wherein it was alleged that Shri Darshan Singh in conspiracy with M/s. M.R. Power Projects showed undue favour to the firm in matter of award of contract relating to supply of 30 Portable Micro Hydel sets imported from Czechoslovakia. It was alleged that the work was awarded to the firm without observing any formality and the contract was executed even when the quotation of the party was not the lowest. Shri Darshan Singh the then CE, Power had called for NIQ dated 18.8.1993 for supply of 30 sets of 20 KW hydro generating sets. In response to the said NIQ, a total of nine parties responded. Four offers were for supply of indigenous sets and five offers were for supply of imported sets. The quotations were opened by Shri Darshan Singh and a comparative chart was prepared by him indicating the rates offered by the nine parties. As per the comparative chart prepared by Shri Darshan Singh, the rates of M/s. M.R. Power Projects was shown to be the lowest for imported hydel sets. Thereafter, Shri Dashran Singh submitted a proposal dated 15.6.1994 before the State Works Advisory Board (WAB) for approval for procurement of either indigenous sets or light weight imported hydel sets.

The said proposal was placed before the WAB for the first time on 22.7.1994 wherein the members where the Chief Secretary as Chairman, the Commissioner (P), the Commissioner (Finance) and the Chief Engineer, Power. The petitioner was the Special Sectary (Finance) at that time and was asked by the Commissioner (Finance) to accompany him in the said WAB meeting. In the said meeting the Commissioner (Finance) asked certain clarifications regarding the opening of the quotations to which the Chief Engineer (Power) informed that the CPWD Manual is followed by the department and as such he insisted on production of CPWD Manual.

The proposal, in question, was once again placed before the WAB on 25.7.1994 and on that day since the Commissioner (Finance) was out of station, the petitioner was asked to represent him in the said WAB meeting. In that WAB meeting, the procurement of some ACSR Conductors and Transformers were approved, however, the matter of procurement of imported hydel sets were asked to be rechecked with other firms and companies by the CE(P) on the direction of the Chief Secretary.

Subsequently, again an undated WAB meeting was held wherein the petitioner was not present. By the said undated WAB minutes the work for supply of imported light weight hydel projects was finally approved by the WAB which was signed by the then Chief Secretary as Chairman, the Commissioner (Power) and the Chief Engineer (Power) but not signed by the petitioner. Thereafter WAB recommendations were submitted by the Commissioner (Power) on 14.09.1994 for approval of the Minister of Power and the same was approved by the Minister of Power on 11.10.1994. Accordingly, the Commissioner (Power) vide his Letter No. SPWD/W-517/92 dated 27.10.1994 issued Government approval to the CE (Power) to place the order with M/s. M.R. Power Projects.

In the charge sheet, it has been alleged that the WAB members has