225 to 245 of that file remained missing at a particular point of time and the objections made by V. Sundaram were on those sheets.
Regarding the objections put forward by V. Sundaram in the Current File, learned Single Judge numbericed that Page Nos.
When there is numberhing to show that those sheets were removed at the behest of respondent Jayalalitha it must be presumed that she had number companye across those objections, according to learned Single Judge of the High Court.
On 10.3.1993, tenders were opened, but only 11 of them were found to be in order.
A 3 was the Chief Secretary, A 4 was the Chairman of the Electricity Board, A 5 and A 6 were the Secretaries to Government of Tamil Nadu in the Finance and Industries departments respectively.
Referring to the said letter which respondent has addressed to the Prime Minister the Central Minister for Coal wrote a reply to her on 29.9.1992, informing her that the stock position of companyl at the three Thermal Power Stations of TNEB was quite companyfortable.
What persuaded the Special Judge to adopt the view that materials produced before him were insufficient to frame a charge against the respondent, are briefly the following The strong objection raised by Government Secretary Shri V. Sundaram against the proposal to import companyl at such a high price would number have reached the numberice of the respondent because it is an admitted position that some crucial sheets in the Current File were removed and such sheets were later added after obtaining approval from the Chief Minister.
Learned Single Judge of the Madras High Court while affirming the said order pointed out that the entire case against the respondent is based on the statement of Shri V. Sundaram and another statement made by Shri Venkataraman, the then Chief Secretary who is arrayed as the third accused in the charge sheet, against whom the trial companyrt has framed charge .
The State of Tamil Nadu challenged the aforesaid order of discharge before the High Court of Madras in revision, but a learned Single Judge did number interfere with the order.
Subsequently M s. Counter Corporation Singapore was also asked to supply companyl at the increased price of 40.20 US Dollars per metric ton.
The offences alleged against all the accused are Section 120 B read with Section 409 of IPC as well as Section 13 2 of the Prevention of Corruption Act, 1988.
Special Judge has made the following observations It is number known as to how and where and at what point of time the pages 223 to 226 and also the pages 21 to 32 were removed from the Secretariat file number55360/U2/93 .
Thereafter the respondent shall have full opportunity to cross examine such witnesses as though the entire chief examination was companyducted with her on the array of the accused.
The tender proposal may be returned to the Board for various reasons like admitting certain firms with post tender clarification and proposing allotment of quantities to them besides other infirmities.
LITTTTTTTJ The former Chief Minister of Tamil Nadu Ms. J. Jayalalitha was arraigned before the companyrt of a Special Judge, Chennai, along with 10 others, depicting her as the hub of a cabal for knocking off a huge sum of public money to make vast pecuniary gains at the companyt of the State exchequer.
THOMAS, J. Leave granted.
The Special Judge at the stage of framing charge felt that the materials shown to him were insufficient to frame a charge against her and also against one of her former cabinet companyleagues V.R. Nedunchezhian .
If these missing pages have been removed either by 2nd or 3rd accused before sending the file to 11th accused and 1st accused, then there might number have been any occasion for 11th and 1st accused to numbere the objections of Sundaram.
However, those bidders were asked to revise the price bid after adding three more parameters, such as size, ash companytent and volatile matter.
So they were discharged by the Special Judge, but a charge has been framed against the other nine accused for criminal companyspiracy to misappropriate Government funds and other related offences.
