Anti Corruption Bureau produced charge-sheet against Sunil Kumar Gupta S/o K.K Gupta R/o H. No. 102/3 Channi Himmat Jammu, then Executive Engineer PWD(R&B) Spl. Sub. Division Mahore, Reasi (now retired as SE), Lakhdeep Singh Jamwal S/o Mohan Singh R/o Mishriwala Jammu, the then Assistant Accounts Officer in the office of Executive Engineer PWD(R&B) Spl. Sub. Div. Mahore, Reasi & private beneficiaries (all contractors) namely Chatter Singh S/o Main Ram R/o Kanthi Reasi, Abdul Hamid S/o Shri Mohammdoo R/o Bagha Reasi, Mohd Haif S/o Abdul Rashid R/o Dharmari Reasi, Farman Ali S/o Juma R/o Dharmari Reasi & Mohd Afzal S/o Jamal Din R/o Bagga Reasi in case FIR No.17/2013 under section 5(1) (d) r/w 5(2) J&K PC Act Svt. 2006 & Section 120-B, 201 RPC registered in P/S VOJ (now ACBJ) before the Hon’ble Court of Special Judge Anti-Corruption Udhampur.
The instant case was registered on the basis of outcome of verification conducted by VOJ (now ACB) into the allegations that XEN (R&B) Special Division Mahore has shown executed 162 works departmentally during financial year 2010-11 involving total amount of Rs 2,53,87,520/- without inviting any tenders, thereby defeating the purpose of rationality of rates and got works executed through professional contractors and made payment without deducting service tax.
During verification, information received from Executive Engineer R&B Special Sub Division, Mahore revealed that the works were executed departmentally on emergent basis through the agency whose land/houses were coming under the alignment of road constructed in the division. During the course of verification, it has been found that most of the works were found executed through Chatter Singh S/O Main Ram R/O Kanthi, Reasi, Abdul Hamid S/O Sh. Muhammdoo R/O Bagha, Reasi, Mohd. Haif S/O Abdul Rashid R/O Dharmari, Reasi and Farman Ali S/O Juma R/O Dharmari Reasi who are regular contractors.
Verification further revealed that Ex-En R&B Special Sub Division Mahore Reasi namely Sunil Gupta had abused his official position and allotted the works amounting to Rs.2.53 crores approximately to contractors under the garb of departmental execution and further benefitted them by not deducting service tax while releasing payments in their favour.
The works were got executed departmentally by XEN R&B Special Sub Division Mahore, Reasi by deliberately fragmenting them in parts so as to bring them within financial competence and undue benefits has been conferred upon blue eyed contractors by first allotting them work without inducing any competition and further releasing payments in their favour without deducting service tax from their payments. The payments worth Rs.2,53,87,520/- have been released without deducting service tax.
Further investigation conducted by the Anti-Corruption Bureau Rajouri has established accused persons namely Sunil Gupta then XEN and Lakhdeep Singh then AAO of Special Sub Division PWD R&B Mahore by abuse of their official position and in furtherance of criminal conspiracy with each and with contractors named above had manipulated the official record and had not deliberately charged the service tax which was admissible @ 10% for their own pecuniary wrongful gain and have caused huge loss for an amount of Rs.18,23,396/ to the state exchequer.
After completing the investigation of case, sanction for launching of prosecution of the accused in-service public servant was also obtained from the competent authority and accordingly Anti-Corruption Bureau produced charge sheet against Sh. Sunil Kumar Gupta S/O K.K Gupta R/O H. No. 102/3 Channi Himmat Jammu, then Executive Engineer PWD(R&B) Spl. Sub. Division Mahore, Reasi (now retired as SE), (2) Lakhdeep Singh Jamwal S/O Sh. Mohan Singh R/O Mishriwala Jammu, the then Assistant Accounts Officer in the office of Executive Engineer PWD(R&B) Spl. Sub. Div. Mahore, Reasi & private beneficiaries (all contractors) namely (3) Chatter Singh S/O Main Ram R/O Kanthi Reasi, (4) Abdul Hamid S/O Shri Mohammdoo R/O Bagha Reasi, (5) Mohd Haif S/O abdul Rashid R/O Dharmari Reasi, (6) Farman Ali S/O Juma R/O Dharmari Reasi & (7) Mohd Afzal S/O Jamal Din R/O Bagga Reasi before Hon’ble Court of Spl. Judge Anti-Corruption Court Udhampur.
The next date of hearing in the case has been fixed for 01.05.2021
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