R.R. Prasad, J.

This application has been filed for quashing of the entire criminal Proceeding of R.C. No.4(A) of 2006(R) including the order dated 18.7.2009 passed by the Special Judge, C.B.I, Ranchi whereby and whereunder cognizance of the offences punishable under Section 420 read with Section 120(B) of the Indian Penal Code and also under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act has been taken against the petitioner and others.

2. The case of the prosecution is that notice inviting tender (NIT) was floated on 5.12.2003 by A.K. Khan, the then Professor I/C Civil Work, Civil Engineering Department for appointment of Architect-cum-Consultant for Civil and Electrical Works to be undertaken at NIT, Jamshedpur. 12 bidders including M/s. TPE, Tata Steel responded to the said notice. The committee headed by A.K. Khan selected L-6 to L-9 including M/s. TPE to be called for negotiation. After holding negotiations, the committee recommended M/s. TPE for awarding consultancy. In that process, the committee never invited L-1 for negotiation and thereby they contravened the norms of the CPWD and CVC. The said recommendation having been approved by Building Works Committee, M/s. TPE was awarded with the consultancy on 30.12.2003 by Professor A.K. Khan. On such appointment as consultant, M/s. TPE prepared estimate, design and drawing and architectural map relating to the Civil and Electrical Works. Thereupon M/s. TPE on being authorized to invite receive and analyse tender issued NIT dated 16/18.1.2004 for appointment of contractor for doing Civil and Electrical Works for an estimated cost of Rs.541 lacs. Last date of purchase of tender documents was fixed as 23.1.2004. Subsequently, that date was extended to 28.1.2004. Pursuant to that notice, when three parties responded, tender documents were issued to them. M/s. JUSCO, Jamshedpur the 4th bidder was also issued with the tender documents but those documents were issued to him after expiry of last date and that too against the demand draft of Rs.20,000/-dated 29.1.2004 which document was quite invalid. That apart, M/s. JUSCO was not having requisite Income Tax Clearance Certificate at the time of purchase of tender document nor it was registered with Sales Tax and Central Tax authorities and at the same time, experience certificate as stipulated under NIT was not submitted. In spite of that, M/s. JUSCO was awarded contract ignoring the claim of L-1, as a result of which, NIT, Jamshedpur suffered a loss of Rs.162.68 lacs as the rate quoted by M/s. JUSCO was Rs.700.48 lacs whereas L-1 had quoted its rate as Rs.537.80 lacs.

3. Thus, it has been alleged that Mr. K.N. Jha heading Town, Planning and Engineering (M/s. TPE) an unit of Town Division of M/s. Tata Steel in conspiracy with the officials of M/s. JUSCO awarded contract to M/s. JUSCO, an unit of Tata Steel and thereby put the NIT to a great loss.

4. On such allegation, a case was registered as R.C.No.4(A) of 2006(R) under Section 420 read with Section 120(B) of the Indian Penal Code and also under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act.

5. The matter was taken for investigation and during investigation, it was found that Professor A.K. Khan being Chairman of the Building Advisory Committee firstly in conspiracy with the official of M/s. TPE dishonestly and fraudulently recommended for appointment of M/s. TPE as Architect-cum-Consultant ignoring the claim of L-1 to L-8 and thereby NIT suffered a loss of Rs.4,86,000/-. Further it was found that M/s. TPE headed by Mr. K.N. Jha subsequently appointed M/s. JUSCO as contractor for undertaking Civil and Electrical Works again ignoring the claim of L-1, M/s. Adisons Constructions Limited, though M/s. JUSCO was never eligible in terms of NIT to be appointed as consultant and thereby NIT was put to loss of Rs.54,46,257/-.

6. As per charge sheet following are the reasons for taking M/s. JUSCO to be ineligible to parti