This was done only by two firms N.N. Dey.
Talwar, according to him, used to name the firms to whom quotations were to be sent.
G. K. Apte, the respondent in Cr.
It was necessary to call as many quotations as possible to get the benefit of companypetition in the market both in respect of rates and quality.
Talwar then told him to prepare quotations for Air voice, K.B Store and Agarwal Co,These forms were taken blank by him and after certain particulars had been filled in were later on returned duly companypleted by the firms The of rate K.B Store had been amended on one of the forms.
It has next been pointed out on behalf of the Union that the quotation for paints green and white offered by Pipes and Hardwares was lower than that of Trade and Industry Assam P. Ltd. on whom the supply order was placed for that paint.
27.83.
The Special Judge framed the following charges against Apte and Talwar That during the period from June, 1960 to November 1960 at Tezpur you along with others agreed to companymit or cause to be companymitted the offences of criminal misconduct in the discharge of official duty to the public servants viz, Lt Col.
Nothing was mentioned about the total amount that was paid in excess.
G.K. Apte and Maj B.S. Talwar punishable Under Section 5 2 of the prevention of Corruption Act 1947 and a cheating punishable Under Section 420 IPC by fraudulently and dishonestly placing or causing to be placed supply orders on M s. K.B. Stores.
Tezpur or M s. Trade and Industry Assam Private Ltd. Tezpur for the supply of various Stores.
Such powers included the authority to make local purchases of such items or articles as were required by the various units which were number readily available either from the Military Ordinance Stores or from the Military Supply Department.
It had been certified by Apte that the stores were purchased by negotiations due to emergency and also because they were urgently required.
It was said that Talwar was responsible for those deals.
And thereby you companymitted an offence punishable Under Section 120B of the Indian Penal Code, read with Section 5 2 5 1 of the Prevention of Corruption Act, 1947 and Section 420 IPC and within my companynizance.
Invariably enquiries about quotations were addressed to K.B. Stores, Kedar Mal Badri Narain, Agarwal Co , Steel worth Ltd. and Trade Industry Assam Private Ltd , Tezpur Preliminary enquiries showed that these firms were either under a single ownership or were allied.
The respondent in the other appeal Maj B.S. Talwar served as Staff Officer No.
10,000/ for each order.
On January 16, 1963 an information was lodged Under Section 153, Criminal Procedure Code, by the Superintendent of Police S P E CIA that companyking utensils like Chaklas, Belans, Degchis and other articles like shovels etc.
The M.E.S. Rules which were applicable at that time gave discretion to the officers companycerned to purchase materials directly without even issuing of quotation enquiries and that emergency certificates companyld be issued whenever purchases were made without inviting quotations, Whatever orders were placed or quotations were received were from the approved firms and K.B. Stores was one of them.
This store was the largest stockists of Tezpur and being on the army list of suppliers most of the orders were placed with it number only during the tenure of Apte and Talwar in their respective posts but orders had also been placed even prior and subsequently by other officers including Brigadier Mani and Col.
22/ per gallon whereas Trade and Industry Assam P. Ltd. on whom the order was placed had quoted Rs.
Between June 1960 and October, 1960 he had placed a large number of orders with KB.
Stores.
It was also stated that higher rates quoted by K.B. Stores than the lower rates quoted by other firms were accepted.
The numbermal procedure for issuing quotation inquiries and receiving of quotations was number followed by Apte and Talwar.
AND I hereby direct that you be tried 5 by the said Court on the said charge.
Quotations in the name of such firms were forged or caused to be forged by the employees of K.B. Stores.
The Chief Engineer had various powers which he companyld delegate to the senior officers working under him.
Reference may be made to the charge against Apte That you in pursuance of the said criminal companyspiracy at Tezpur, during the period from June, I960 to November, 1960 being a public servant functioning as Staff Officer I, and quarter Office, Chief Engineer, Project Tusker, Tezpur, companymitted the offences of criminal misconduct in the discharge of official duty, by companyrupt or illegal means or by otherwise abusing your position as a public servant obtaining for M s. K B. Stores, Tezpur or M s. Trade and Industry Assam Private Ltd. Tezpur, its partners or beneficiaries pecuniary advantage by fraudulently or dishonestly placing or causing to be placed the 41 supply orders as numbered overleaf, on the said M s. K.B Stores or M s. Trade and Industry Assam Private Ltd, Tezpur, for the supply of various stores and thereby companymitted an offence punishable Under Section 5 2 read with Section 5 1 d of the Prevention of Corruption Act 1947 and within my companynizance.
Apte Talwar moved the High Court Under Section 561 A Sections 435 439 of the Criminal Procedure Code.
4.50 each the votal amount of the order being Rs.
This post companyresponded to that of a Superintending Engineer on the Civil side.
by the said Court on the said charge.
The charges which were laid against Apte and Talwar relate to the purchase of stores and various items and articles mainly from certain local merchants.
He companyld also place orders with regard to printing, stationery and office equipment upto a certain limit.
36,75 per gallon where as the quotation which had been received was for Rs.
As regards the supply order dated July 19, 1960 it was placed on K B. Store by Apte at the rate of Rs.
With regard to the supply order dated August 6, I960 his version was that Talwar called him to office and had asked him to bring some blank quotation forms which he did.
A list of 47 supply orders was given it was alleged that Talwar had issued quotation inquiries to bogus firm like Agarwal Co., Bagaria Stores which either did number exist or did number transact any local business with a view to avoiding companypetition.
The supply order was then placed on K B. Stores, after the forms had been received back duly filled up in the writing probably of the firms representative.
In the petition filed to the High Court by Apte which was supported by his affidavit it had been explained that the Tuskar Project had been declared to be an emergent project by the Central Government.
It was stated in the order of the Special Judge dated December 3, 1964 that from the material before him there was a prima facie case for preferring these charges.
The two officers Apte and Talwar and the employees and representatives of K B Stores Tezpur were accused of the offences mentioned before.
He also framed separate charges against these two officers.
A. No.
A number of supply orders were mentioned which had been issued under the signature of Apte.
164/68 was posted to Tejpur as Staff Officer No.
In some cases blank quotation forms were obtained by Talwar from the office for handing them over of the firms of their own choice.
Brigadier Mani was in charge of the Project as Military Chief Engineer, Apte was posted as Staff Officer No.
It appears that a project known as the Tusker Project had to carried out in the NEFA area The main duty of the units employed in the Project was the making of roads in the NEFA area to enable the movements of troops etc.
It is significant that the learned Counsel for the Union in spite of labourious research has been able to point only to the above four items in respect of which the evidence was that orders were placed with K.B. Store, Tezpur and higher rates were paid even though the quotations from Calcutta firms and other local firms were lower.
After investigation a charge sheet dated June 10, 1963 was filed.
had been purchased from M s. K.B Stores, Tejpur, at exobitant rates.
in the event of any Chinese aggression.
J.K. Basu who has described his designation as Supervisor B S grade I was working in E III Section till September 14, 1960 during the material period.
1 in the summer of the year 1960.
Pipes and Hardwares had offered the paint at Rs.
Talwar asked him to alter the rates in the companyperative statement register accordingly and delete the name of Air voice which had been previously recommended by Basu as being the lowest tenderer and put the name of K.B Store instead.
On may 20, 1960 the Chief Engineer delegated his power to Apte to make such purchases upto a maximum of Rs.
The head of the office or the authorised officer accepted the lowest quotation but where he did number do so reasons had to be given for accepting the higher quotation.
It appeared that he had companyluded with K.B Stores and some others on various occasions and by abusing his position as a public servant he had obtained pecuniary benefit for them and for himself by showing favors is the matter of inviting quotations and placing orders.
De, Souza.
Certificates were endorsed on the supply orders without calling any quotations.
Talwar used to place the supply orders on the firm which was the lowest tenderer He gave instances of Talwar having asked him to bring some blank quotation inquiry forms and then to prepare quotations for certain items which Talwar directed him.
He was further told that the quotations should be addressed to Kedar Mal Badri Narain, Agarwal Co, and K.B. Stores.
The rate, however, which was paid was the same as quoted by Air voice The next instance of any companysequence was furnished by Morohaha according to whom a supply order was placed for Ku dalies on K.B. Store without handles at Rs.
Store were accepted even though they were higher and numberweight was quoted.
Co. of Calcutta and Trade and Industry Assam P. Ltd. The latter gave quotation with the weight including handle as 3 pounds whereas N.N. Dey Co. had quoted Kudalies with handles with a weight of 4 pounds.
And I hereby direct that you be tried 5 ?
Quotations were prepared by him and were handed over by him to Talwar.
The fact may be stated, Lt.
Comparing the quotations of Trade Industry Assam P. Ltd. with K.B. Store they were lower but the quotations of KB.
N. Grover, J. These appeals by special leave are from a companymon judgment of the Assam Nagaland High Court and are directed against the orders made by that Court quashing the charges for alleged offences under certain provisions of the Indian Penal Code and the Prevention of Corruption Act, 1947.
36.62 per gallon.
It may be mentioned that Trade and Industry Assam P. Ltd. was alleged to be an allied companycern of K B Stores.
