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2017 Supreme(Jhk) 2026
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Anant Bijay Singh, J.
Narendra Pal Garg - Appellant
Versus
State Of Jharkhand - Respondent
A.B.A. No. 168 of 2016
Decided On : 27-07-2017
M/s. Indrajit Sinha and Chandrajit Mukherjee, Advocates, for the Petitioners; Mr. K.P. Deo, S.C, for the C.B.I
The central legal point established in the judgment is the abuse of official positions leading to wrongful gain and loss, and the requirement of evidence for quid pro quo in corruption cases.
Headnote:
Criminal Conspiracy - Central University Corruption Case - IPC 420/468/471, P.C. Act 13(2)/13(1)(d) - Summary: The court discussed the offenses of cheating and criminal misconduct under IPC and the Prevention of Corruption Act. It highlighted the wrongful loss caused to the university and the corresponding gain to the private firm. The court also emphasized the role of the accused in the procurement process and the abuse of official positions. The judgment referenced the Central Universities Act, 2009 and the legal principles related to quid pro quo and misuse of official position.
Fact of the Case:
The case involved a criminal conspiracy at the Central University of Jharkhand, leading to wrongful loss and gain. The accused were involved in the procurement of air conditioners through fraudulent means.
Finding of the Court:
The court found that the accused abused their official positions, causing wrongful loss to the university and gain to a private firm. It also noted the lack of evidence showing quid pro quo and the accused's cooperation during the investigation.
Issues: The issues revolved around the involvement of the accused in the procurement process, the abuse of official positions, and the lack of evidence for quid pro quo.
Ratio Decidendi: The court's decision was influenced by the evidence of abuse of official positions and the lack of evidence for quid pro quo, as well as the accused's cooperation during the investigation.
Final Decision: The court granted anticipatory bail to the accused, considering their cooperation during the investigation and the rejection of similar bail applications in related cases.
JUDGMENT
Anant Bijay Singh, J. - Both the applications are heard together and disposed of by this common order as both the cases arising out of same case being R.C. No. 03(A)/2015-R, registered under Section 420/468/471 of the IPC read with Section 13(2) R/w 13(1)(d) of the P.C. Act.
2. The brief facts of the case is that one S.K. Khare, Superintendent of Police/HOB, CBI, ACB Ranchi got information from reliable source that one Narendra Pal Garg, the then OSD(Project) and Sri Abhay Nindakan Tigga, the then Electrical Engineer, both of Central University of Jharkhand (CUJ), Brambe, Ranchi, entered into a criminal conspiracy with Ranjit Kumar and other unknown during the period 2012-2013 and committed an offence of cheating and criminal misconduct and in pursuance thereof, the public servants as above, by abusing their official positions, caused a wrongful loss of Rs. 4,51,500.00 (Approx) to the Central University of Jharkhand and corresponding wrongful gain to the above mentioned private firm, in the matter of procurement of 43 nos. of Split Air Conditioners of LG company at exorbitant and fraudulently declaring it as lowest bidder (L-1), whereas the rates quoted by the firm was much higher than the other bidding firms.
3. It appears that the C.B.I., after investigation has submitted final form on 30.06.2015.
4. From perusal of the final form, reveals that on 03.03.2012, A.N. Tigga, the the then Electrical Engineer, Central University of Jharkhand raised an indent for purchase of 40 nos. of 1.5. ton capacity split A.C for installation in 20 new class-room in the Academic complex and other rooms in the administrative block of the temporary campus of Central University of Jharkhand at Brambe. The file along with probable cost of A.Cs was marked to N.P. Garg, OSD, Project, Shri Garg marked the file to D.T. Khathing, Vice Chancellor and on 03.03.2012 itself, the V.C approved for tendering after due process.
5. On 6.03.2012, a notice inviting tender was uploaded on the website of the University by N.P.Garg, OSD for the purchase of the aforesaid A.C. The A.Cs were to be heavy duty having BEE 5 star rating and the bidder was required to submit both the technical bid and the price bid. The rates were to be quoted inclusive of all taxes and levies. The said NIT was only available on the website of the University and was not published in the News Papers.
6. In response to the said NIT, the following 8 firms submitted their tender bid.
(a) Aircon Service Center, Kadru, Ranchi
(b) Janhvi enterprises, Kadru, Ranchi
(c) Bajaj Electrical Ltd, mahabir Chowk, Ranchi
(d) Carrier Media (I) Pvt. Ltd. Main Road, Ranchi
(e) Maruti Sales, Old H.B. Road, Ranchi
(f) Divya Enterprises, Old H.B., Road, Ranchi
(g) Swastik Supply Co, Upper Bazar, Ranchi
(h) Pratibha & Co., Hehal, Ratu, Ranchi
7. Investigation further disclosed that the technical and price bids were opened on 20.3.2012 by the Tender Committee comprising N.P. Garg, OSD Projects, Sitaram Swarnakar, Account Officer, Kumar Pankaj Anand, Sanjay Kumar Singh, A.N. Tigga and Kiran Jain in the presence of the bidders.
8. On 22.3.2012 a comparative chart in respect of the 8 bidders who participated in the NIT was prepared by Shri A.N. Tigga. As per comparative chart out of the remaining three firms M/s. Pratiba & Company was shown as L-1 as his rate was below 7.8% of the estimated rate. M/s. Divya Enterprises was shown as L-2 at 5.5% and M/s. Maruti Sales was shown as L-3 at 0.43% below the estimated rate.
9. On 26.3.2012 a supply order vide No. CUJ/OSD Project/2011-12/15-77 was issued in favour of M/s. Pratibha & Company, Ranchi by N.P.Garg, OSD, for supply of 40 numbers of 1.5 ton split AC heavy duty type with BEE 5 Star on 26.03.2012.
10. Investigation further reveals that Shri Ranjit Kr. Sinha, Proprietor of M/s. Pratibha & Co. placed verbal order on Shri Manoj Gupta of M/s. Maruti Sales for supply of 40 nos. of split A.C.
11. Investigation further disclosed that Shri Manoj Gupta (petitioner in AB
