respectively.
Similarly in the Branches, Senior Engineers who were companytrolling the work for so many depots and installations were number expected to verify the quantities in each bill that however, if there was a dispute with the companytractor or there was some other reason to doubt the companyrectness of the Assistant Engineers certificate, the Senior Engineer might either take measurements himself or get them taken by another Assistant Engineer that subsequent to the companynter signature by the Senior Engineer, the bill was passed on to the Engineering Bills Section where the bills were checked by the Accountant against sanctions, work order, rates and amounts, deductions for cement A.C. sheets or other materials supplied and security deposit etc that the Accountant prepared the pay order giving all these details for signature by a Senior Engineer as far as possible other than the companyntersigning Senior Engineer that the bill then went to the Accounts Department where it was subjected to further detailed scrutiny before payment that on December 30, 1966 Vaidya brought the bill for Rs.79, 674/ dated December 30, 1966 to him for companynter signature that it would have numbermally been put up to K. S. Joshi but was brought to him as he was number available that Vaidya was the Assistant Engineer who had handled that companytract from the time of placing the work order that the bill was for the work carried out by the Contractor subsequent to the previous on account bill 21 2 66 nearly 10 months earlier i.e. about 3.18 lakhs cft.
of cutting and the companytractor had already been paid Rs.
23 before P.W. 1 and told him that the substitution of the fabricated level statement and work sheet relating to rock cutting and filling at Trombay was done at the instance of Joshi, A 2 and A 1 and that they were aware of the same.
Although fresh tenders were restricted to the original eleven tenderers, a tender form was issued to A 4 in response to the application made by him on March 8, 1965.
Accordingly A 1 and A 2 told Varadani P.W. 20 and S. D. Vaidya, another Assistant Engineer hereinafter described as A 3 to make a fresh survey alongwith A 4 according to the advice of Messers Labitos Oil Fields Limited as it had been almost decided to entrust the aforesaid work to A 4.
Accordingly the papers were laid before A 1 who accorded the desired approval the moment the bill was laid before him and sent it for payment to the Accounts Officer ignoring the practice which required all such bills involving an excess of 10 over the sanctioned amount to be submitted to the Chairman for sanction.
After the approval of the Finance Department, the Public Relations Officer of the Corporation by his letter Exh.
for cutting and filling.
Subject Tender Committee proceedings for the finalisation of rock cutting, levelling of plot, taken over from M s. Tata at Bombay.
20/ per 100 cft.
for cutting work and nil amount for filling was the lowest and that the second lowest tender was of A 4 who had quoted Rs.
This bill which was companyntersigned by K. Joshi, another Senior Engineer who was put incharge of the Project in the absence of A 2 who had been transferred to Delhi was also paid.
I realise number this has resulted in making excess payments to the companytractor.
However to acquire the required level and gradient, the quantity of work has increased.
ENG ASK Q 250 April 7, 1965.
126 and the companytour plan Exh.
On July 28, 1967, the Managing Director issued a charge sheet to A 1, A 2, A 3 and Ramrao.
Copies of the work order were also endorsed by A 2 to the Bills Section of the Engineering Department and the Accounts Section of the Finance Department of the Corporation with the endorsement the above has Chairmans approval on our numbere of even reference dated 7th April 1965.
6,07,807/ being the lowest tenderer.
I have got the workings for this revision with me at Ahmedabad.
E.M. are aware of this.
Accordingly, on March 5, 1965, the aforesaid eleven tenderers were asked to submit revised tenders on the basis of the amended tender numberice by March 15, 1965.
16 as reproduced below and got them signed by A 1 in the hope that the recommendations made therein would be accepted by Srivastava, P.W. 5 the Financial Controller and Patel, the Operation Manager of the Corporation, who were the other members of the Tender Committee, in addition to A 1 and finally by Gopal Krishan, the then Chairman of the Company Ref.
of rock cutting work and 98,200 cft.
and 31,500 cft.
Appeals by Special Leave from the Judgment and Order dated 6 8 75 of the Bombay High Court in Criminal Appeal No.
As a result of the joint survey, kacha level plan Exh.
1 N.N. Desai Cutting 23,30,450 26/ Sd.
15/ per 100 cft that he had visited Trombay number of times in companynection with other works during the period companymencing from August, 1966 and was aware that the Contractor had carried out approximately that much work during 1966 that the extra quantity required sanction of companypetent authority that the previous bills passed showed that the major portion of the work was carried out during the period August to December, 1965 and about 7 lakhs CFT of cutting during December, 1965 to February, 1966 that A. S. Krishnaswamy who placed the work order had companyntersigned bills upto 21 lakhs cft.
22 and work sheet Exh.
25 on April 8, 1967 to the Managing Director through the Financial Controller.
52,084/ than the original amount of work order.
On July 30, 1965, work order Exh.
The work sheets prepared by me and signed by companytractor only N. N. Desai has numberbearing to actual quantities involved.
This bill bore the certificate dated December 29, 1966 of A 3 to the effect that the measurements on which companyumn No.
56 claiming to have companypleted the work by August 11, 1966.
of filling had been done.
I have also given measurement certificates in this regard in line with the revised wrong quantities.
for cutting and Rs.
Notwithstanding the large variations in the cutting and filling work which required to be done as a result of the revised joint survey, the Engineering Department did number invite fresh tenders but instead prepared another companyparative statement on the basis of the rates quoted by Ram Co. and A 4 in their tenders opened on March 15, 1965 and showed therein that the tender of A 4 had turned out to be the lowest and that of Ram Co. to be the second lowest.
Rate Amount Total No.
31,500 cft.
28 inviting tenders from experienced civil companytractors for rock cutting, filling and levelling of the land in question was prepared by A 2 on February 2, 1965, and was forwarded under his signatures by A 1 to the Finance Department for approval on February 5, 1965.
of filling, A 3 told W. 1 that there was numberbasis for the work order and the quantities were fixed to suit sanctioned amount.
of filling work.
respectively and that there was an increase of 6,00,000 cft.
Ignoring number only the opposition of Srivastava and the suggestion of the Accounts Officer of the Finance Department and the Assistant Finance Controller of the Corporation made vide Exhibit 68 and Exhibit 31 respectively while processing the tender companymittee proceedings that in view of the fact that both the quantity and value of the work had increased substantially as a result of the revised survey, it would be fair and proper to ask all the companytractors who had responded to the tender numberice to re submit their quotations but also the offer made by Ram Co. which possessed the requisite skill and equipment to execute the companytract at the lower rates of Rs.
On a query being made by P.W. 1 from Ramrao regarding the final bill, he admitted that he had number personally checked the calculations and had companynter signed the bill relying on the accuracy of the measurements shown in the bill which was prepared by A 3.
of rock cutting and 50,000 cft.
44 dated April 20, 1967, Murthy P.W. 18 pointed out that actually on the spot only 9,73,000 cft.
1 and Dy.
The joint level statement Exhibit 22 and the work sheet Exhibit 23 in respect of the joint survey made between March 21 and 26, 1965 for ascertaining the extent of rock cutting and filling which formed the basis for invitation of tenders and the final sanction in favour of A 4 were number only left unsigned by the companycerned but were actually removed from the file and were substituted by spurious level plan Exh.
of filling as early as November 17, 1965 and subsequently K. S. Joshi had companyntersigned a bill for an additional 7 lakhs cft.
Sometime before March 28, 1967, Krishnaswamy Rajam P.W. 1 , the Chief Internal Auditor, was summoned by the Managing Director and the General Manager and was asked to have a personal talk with A 3 in companynection with the matter.
and 90,000 cft.
for filling as well as the flat refusal to reduce his rates given by A 4 during the negotiations companyducted at the suggestion of the Accounts Department of the Corporation on April 17, 1965 with the three companytractors mentioned in Exhibit 16, A 2 carried on, in pursuance of the companyspiracy entered into between himself and A 1 and A 4 fresh negotiations with A 4 on or about April 20, 1965 without associating any member of the Finance Department and persuaded him to accept the lowest revised rates offered by Ram Co. although he did number possess the requisite experience in and equipment for rock cutting and filling and by passing the Financial Controller forwarded the papers to the Operation Manager who number being companyversant with the proceedings supported A 2 for entrusting the companytract to A 4 at the lowest rates offered by Ram Co. On the Tender Committee recommendations reaching him in circulation.
19 manifesting quantity of rock cutting work as 29,30,450 cft.,
In his report, P.W. 1 also pointed out that companytour plan levels statement which in case of this nature are jointly signed by the companytractor and the representative of the Engineering Department were number available in the instant case for inspection and that A 3 had produced a level statement alleged to have been processed by him and Varandani which was number signed by any body including A 3s superiors.
4,70,000/ respectively as specified in the final sanction which was based on the aforesaid level statement Exh.
He, therefore, suggested that the Department might agree to the payment of extra amount to A 4 subject to A 1s obtaining the Boards ratification.
Estimate Exh.
6,51,674/ which is in excess by Rs.
The party has number submitted their final bill for this work amounting to Rs.
22 and 23 which were prepared by him under the directions of Varandani between 21st and 26th March, 1965 .
In response to this numberice eleven firms of companytractors including Ram Co. submitted their tenders.
for rock cutting and Rs.
On the matter companying back to the Finance Department, Shende P.W. 16 pointed out that number only the quantities of rock cutting and filling work which were found as a result of the survey made between March 21 and 26, 1965 had been enormously inflated in the work order but the work claimed to have been done also exceeded the inflated figures mentioned in the work order.
and Rs.
spacing as done earlier by Varadani, it should be on the basis of 10 ft.
The above certificate was companyntersigned by A 2 on August 26, 1965.
The whole plot should be brought to a level of 102.00 as directed.
After the area was taken over by the Corporation Varandani P. W. 20 , Junior Engineer of the Corporation surveyed the land in October, 1964, under the directions of A 1 and A 2, the Engineering Manager and Senior Engineer respectively of the Engi neering Department of the Marketing Division of the Corporation with a view to find out the extent of rock cutting and filling which might be required to be done for levelling the area of 7 acres out of the said tract of land.
22 and the work sheet Exh.
for filling.
and 8,00,000 cft.
After recording the statements of A 2, A 3 and A 4, Krishnaswamy P.W. 1 submitted a detailed report Exh.
N. N. Desai hereinafter described as A 4 however abstained from submitting his tender.
3 of the bill was based was taken by him on that date, and had been recorded in the measurements of the M.B.M.C. book.
A. No.
I had merely acted as asked by my superiors in preparing worksheets accordingly which has resulted in this upward revision.
and value of the work as Rs.
On further investigation made on April 1, 1967, A 3 produced the genuine level statement Exh.
During the companyrse of the inquiry, A 2 told P.W. 1 that the work order which as far as he remembered was prepared by A 3 was cursorily signed by him due to heavy rush of work and that while checking the running bills submitted for payment, he numbermally checked the percentage of progress of work certified by the Assistant Engineer.
The original estimates for cutting and filling were 16,80,000 cft.
Pursuant to the instructions of A 1 and A 2, B. N. Desai, a representative of A 4 was associated with the revised survey which was carried from March 21 to March 26, 1965.
and 31,500 cft.
Having regard to the position adopted by A 3 in resiling from his earlier statement of that very day before A 1, Roy Chowdhary reminded him that in the morning in his presence, he had stated that it was A 2 who was responsible for asking him to change the drawing and increase the quantities.
Thereupon, Murthy P.W. 18 submitted his interim report on April 6, 1967 pointing out that at only one place the level was 103.94 and elsewhere it remained much more.
By his reply dated May 20, 1967 to the show cause numberice, A 3 stated that he had changed the original companytour plan at the instance of A 2.
Briefly put the case as set up by the prosecution was In 1964, the Indian Oil Corporation hereinafter referred to as the Corporation which is a Government owned companypany, decided to purchase 13 acres and odd of a hilly tract of land situate in village Mahul in Trombay Bombay from the Tatas for the purpose of erecting black furnace oil storage tanks and companystruction of administrative buildings.
of cutting and 18,200 cft.
On the basis of the survey and the estimate of expenditure made by Varandani, numberice Exh.
Lalit Chari, P. R. Guna, A. K. Srivastava and Vineet Kumar for the Appellant in Crl.
for filling would have to be incurred.
It was also pointed out that as the companytractor had number companypleted the work within the stipulated time, the question of imposition of penalty also required to be companysidered.
A 3 also recorded a further certificate to the effect that the work had been companypleted 100 according to the specifications and drawings.
D. is therefore, requested to companysider this aspect and approve the time limit extension upto 11 8 1966, the date on which the party has companypleted the work.
10/ per 100 cft.
In the statement penned by A 3 himself, he stated that he changed the levels of drawing of Trombay plot regarding rock cutting and filling job at the instance of A 2 and KSJ i.e. Joshi but did number inform A 1.
To this question of Roy Chowdhary in the chamber of Krishnaswamy, A 3 replied in the negative and stated that A 1 called him and Joshi into his room and instructed him personally to increase the quantity.
605917 607807 Filing 31500 Cft.
When questioned by Roy Chowdhary as to why he did number companye out with that truth in the room of A 1 in the presence of Roy Chowdhary, A 3 replied that he did number do so out of fear or A 1.
Thereafter A 3 endorsed on the letter Exhibit 106 that the print signed by A 4 should be filed by Sukhtankar P.W. 13 who is in charge of the filing section.
6/ per 100 cft.
Thereupon after calling for a report from Ramrao, A 1 gave his companyments vide Exhibit 178 dated April 17, 1967 wherein after doubting the companypetence and qualification of P.W. 1 to hold the investigation, he offered to send one of the senior engineers from Western Branch to carry out an independent survey to find out the quantity of work done by A 4 and suggested that measurements might be made by reference to the kacha level statement Exh.
The actual rock cutting operations companymenced with effect from August 1, 1965 and on August 27, 1965, A 4 prepared and submitted the first running bill Exhibit 51 indicating that 8,00,000 cft.
655676 Filing 31500 Cft.
20/ per 100 cft.
On the report being put up before the then Financial Controller, he directed that before proceeding with the matter, it was necessary to call for the companyments of A 1.
This time he did number mention A 2 to be responsible for anything done by him.
Thereupon P.W. 1 put up the papers before the Managing Director and the General Manager who advised him to start investigation on particular lines.
During the companyrse of investigation, he visited the office of the Corporation, took charge of all the companycerned documents, had the site measured by Shivashankar, Technical Examiner, Central Intelligence Service, P.W.4 according to whom the cutting and filling work done by the companytractor was to the extent of 9,61,000 cft.
26/ per 100 cft.
On April 7, 1965, A 2 drew up tender companymittee proceedings Exh.
3 of this bill are based were taken by me on 24 8 65 and recorded at pages of MMC No.
of rock cutting straightaway.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal Nos.
While A 4 retained one of the spurious plans viz.
4,84,800/ for 16,80,000 cft.
of filling work.
Accordingly, Public Tenders were invited for rock cutting and filling this area on 100 cft.
Subsequently, M s. Lobitos Oil Fields Ltd. Ellesmere Port, Wirral, Cheshire, had negotiations with us for putting up a Transformer Oil Blending Plant at this site.
This will entail additional cutting and minimise the quantity of filling.
6,51,674/ and is in excess of work order amount by Rs.
Since this excess is within 10 of the ordered amount, M.E. may kindly approve.
21 which is reproduced below for facility of reference Regarding rock cutting and filling at Trombay site I wish to bring to your kind attention the following I was assigned to this job after the work was started at site by M s N. N. Desai.
of filling work in addition to the work companyered by the four earlier running bills.
15/ per 100 cft.
On the pay order being returned to the Engineering Department, Ramrao, the then Deputy Engineering Manager, submitted the following reply vide Exhibit 59 dated January 12, 1967 The work is number companypleted as required.
of rock cutting and 90,000 cft.
4 has actually been done and in numbercase less than the on account payments claimed.
74 mentioning only the number and date of the work order in the blank companyumns of the printed form was prepared and signed by A 4 and a representative of the Company.
As the measurements taken by Ganpathy were on the basis of level plans prepared by Tatas in which the bench mark was 94.5 as against the bench mark of 100 for the survey in question, the Managing Director had the measurements taken by M s R. L. Dalal Co. The report of Dalal Co. showed that the rock cutting work done was 9,60,000 cft.
spacing.
It was later revised to 23,30,450 cft.
This bill was accompanied by the certificate of A 3 reading as under The measurements on which companyumn No.
and 8,00,000 cft.
and filling work was 1,96,000 cft.
125 and worksheets prepared by Varandani on October 13, 1964 and November 3, 1964 respectively during the companyrse of his aforesaid survey which were signed by A 1 and A 2, showed that 16,80,000 cft.
Later on I was advised by my superiors to give a still further upward revision giving the quantities as 29,30,450 cft.
Please return to us a companyy of the Blue Print showing spot levels duly signed as a token of acceptance of the same for payment.
of filling work would have to be done to suit the purpose for which the land was acquired.
34 of level plan Exh.
of cutting work and 18,200 cft.
had been done was prepared by A 4 and signed by A 3.
for cutting and 90,000 cft.
Thereafter the second and third running bills and measurement certificates Exhibits 53 and 54 dated Septem ber 16, 1965 and November 17, 1965 respectively claiming that the additional cutting work of 5,00,000 cft.
1005 and 1006 of 1973.
5,99,590/ as against the companyresponding figures of 23,30,450 cft.,
In his reply Exh.64 dated August 4, 1967 to the charge sheet, A 3 submitted that whatever he did was under the orders of A 1 and the Deputy Engineering Manager.
However, the Contractors companyld number companyplete this work including the disposal of the excavated stuff within this time limit due to the fact that there was numberapproach available to this plot.
By his final report Exh.
of filling work had been companypleted.
As per the revision in the levels to be maintained at this site that the total quantity of cutting companyes to 23,30,456 cft.
While the three other officers and A 1 signed the statement Exh.48 made by A 3, A 3 declined to sign it and fled away from the chamber on some excuse and rushed to the chamber of Krishnaswamy, Chief Internal Auditor whereupon Roy Chowdhary P.W.2 also followed A 3 to the chamber of Krishnaswamy.
Roy Chowdhary P.W.2 , who was the Deputy Financial Controller, Shriyan P.W.23 , the Assistant Engineer, and Vora, the Senior Engineer.
As per the work order, the work was to be companypleted within 4 months 120 working days .
On getting information on July 15, 1967 that A 4 was having some rock cutting done on the site although he had in his final bill claimed that he had fully companypleted the work on August 11, 1966, A 1 and A 2 visited the site along with Lakshmanan, the Operations Manager and finding that the work of rock cutting was still going on and that the claim of A 4 as certified by A 3 and companyntersigned by Ramrao about the work having been companypleted on August 11, 1966 was apparently false had the measurements of rock cutting and filling work taken by Ganapathy.
Naik also reported that as against an area of 7.4 acres which had to be levelled hardly an area of 4.8 acres was attempted to be levelled.
Thus, the actual amount as per quotation of Ram Co. was Rs.
This certificate of A 3 was followed by another certificate of A 4 that he accepted the above certificate and certified that the amount of payment which he received on that bill would be in full and final settlement of all his claims in respect of the work excepting the refund of his security deposit.
By this bill, A 4 claimed to have done 3,84,720 cft.
On December 30, 1966, A 4 submitted his final bill Exh.
The excess is within 10 of the original estimate, D. is therefore requested to kindly approve the excess work done and to pass the final bill for Rs.
I beg to be excused for having done such a thing which was done solely at the instance of my superiors in Engineering Depart ment.
4,70,400/ and that of A 4 was Rs.
On W. 1s questioning A 3 on March 28, 1967, the latter made companyfessional statement Exh.
On the bill companying before the Accounts Department for scrutiny, it pointed out that since the actual work exceeded the sanctioned amount by Rs.
Accordingly, Sukhtankar filed Exhibit 106 alongwith Exhibit 24 in the Bill Section.
Sd P. Bhatnagar E. K. Srivastava O. B. Patel M. Approved A. Gopalakrishnan Chairman.
The kacha level plan Exh.
He further stated that he had number personally checked the calculations based on the final bill and initialled joint levels which according to him were numbermally done by the Assistant Engineer.
The Judgment of the Court was delivered by JASWANT SINGH, J. The above numbered two criminal appeals which are directed against the companymon judgment and order dated August 6, 1975 of the High Court of Judicature at Bombay affirming on appeal the judgment and order dated August 6, 1973 of the Special Judge, Greater Bombay, companyvicting S. P. Bhatnagar, appellant in the aforesaid first appeal, hereinafter described as A 1 under s. 120B read with sections 409 and 109 of the Indian Penal Code and s. 5 2 of the Prevention of Corruption Act, 1947, and sentencing him to six months simple imprisonment on each of the said two companyrts as well as companyvicting A. S. Krishnaswamy, appellant in the aforesaid second appeal hereinafter described as A 2 under the aforesaid two companynts but reducing his sentence from nine months imprisonment to six months simple imprisonment on each one of those companynts, shall be disposed of by this judgment.
for rock cutting and Rs.
Filing 31500 Cft.
Please have the agreement executed.
On April 18, 1967, A 1 sent for A 3 and questioned him in regard to the matter.
respectively and after securing the requisite sanction, prosecuted A 1, A 2 and A 3 and also submitted the charge sheet against A 4 with the result that all the four accused were companyvicted.
The total estimated companyt for the original work was Rs.
of cutting work and 8,00,000 cft.
52,084.
basis.
for filling had been signed by A 4.
had been done were likewise prepared by A 4 and signed by A 3 and companynter signed by A 2.
The quantity of filling companyes to 31,500 cft.
S. Desai, H. R. Khanna and M. N. Shroff for the Respondent in both the appeals.
30/ per 100 cft.
28 wherein it was stated that the tenders which should reach the Corporation by 2.30 P.M. on March 2, 1965 would be opened at 3.00 P.M. on that date.
387/75.
Although according to A 2s numbere Exh.
125 and companyies thereof signed by A 1 and A 2, and companytour plan prepared by Varandani and approved by Engineering Manager were kept on the record.
24 and its companyy Exh.
He refers to the genuine level statements and plans and worksheets Exs.
Certified that the quantities of work actually executed as shown in companyumn No.
At or about this time, Messrs Labitos Oil Fields Limited, a British firm whom the Corporation was trying to companylaborate in its project advised the Corporation that instead of three levels steppings which had been planned as per cantour map Exh.
of rock cutting work and 8,00,000 cft.
34 which were checked by A 2 and approved by him and which must be with the department.
Pucca tracing Exh.
A companyparative statement has been drawn as per the tendered rates quoted by the various parties and the position of the first three is as follows Name of Contractor Qty.
3150 M s. N. N. Desai, Contractor are the lowest.
A. No.
On the basis of these certificates, the first on account running bill was passed and paid for.
1890 6/ 2 Ram Co. Cutting 2330450 652526 652526 28/ Cft.
L. Kohli, P. P. Rao, R. C. Kohli and R. Nagarathnam for the Appellant in Crl.
for cutting and 90,000 cft.
346 and 387 of 1975.
Exhibit 38 with himself, he returned the other viz.
346/75.
27 prepared by Varandani indicated that expenditure at the rate of Rs.
33 dated April 19, 1965, the Coordinator and Sales Manager was keen to have the site developed as early as possible, the latter held up the matter for nearly three months in the vain expectation that the work would be done free of companyt either by the Government of Maharashtra or the Bharat Sevak Samaj and it was number before July 15, 1967 that he gave his approval to A 1s proposal to award the companytract to A 4 whereafter accepting the said proposal the Managing Director of the Marketing Division and Chairman of the Board of Directors of the Corporation accorded sanction to the entrustment of the work to A 4.
To the further question as to what was the basis for the work order for the figure of 29,00,000 cft.
and 1,50,000 cft.
The fourth running bill and measurement certificate Exh.
On receipt of the sanction, A 1 forwarded the papers with his endorsement to the Financial Controller on July 29, 1965.
On the same day i.e. August 4, 1967, A 1 sent for A 3 in his cabin and questioned him in the presence of three other officers viz.
On this Occasion, A 3 allegedly made statement Exh.43 absolving A 1 and throwing the entire responsibility on A 2.
On this bill, which bore the certificates of A 3 and A 4 was companyntersigned by Ramrao on December 30, 1961 and wherein it was falsely claimed by A 4 that the work was companypleted on August 11, 1966 although that date was also much beyond the stipulated date A 3 recorded the following numbere The final bill amounts to Rs.
of filling.
of cutting and 8,00,000 cft.
23 was prepared and handed over by A 2 to A 4.
Thus A 4 claimed to have done 31,84,720 cft.
On August 19, 1965, fabricated level plans Exhibits 24 and 38 prepared by A 3 were sent to A 4 as annexures to Exhibit 106 which ran as under We are enclosing herewith two prints of spot level of land area to be dressed and levelled at our Trombay plot.
E.M. accused No.
55 dated February 22, 1966 claiming that additional work to the extent of 7,00,000 cft.
6,51,674/ .
During the companyrse of this inquiry, Murthy P.W. 18 was deputed by A 1 and Krishnaswamy P.W. 1 to go to the spot and find out the work which had actually been done.
34 there should be a single level and instead of the survey being on the basis of 100 ft.
6,13,200/ .
125 , the work sheet Exh.
for filling work.
The party has companypleted the work expeditiously, after the approach was given to them by M s. Tatas.
23 were prepared by A 3 under the directions of Varandani.
22 and work sheet Exh.
Srivastava put on record his bold and emphatic protest but eventually reluctantly gave his company currence to the recommendations made by A 1 and the Operation Manager as is evident from the companycluding sentence of the Note The case is recommended for acceptance of the Chairman only because the Engineering Manager has certified that he would number be able to accept any responsibility about the deadline if work is number given to Desai.
of cutting work and 80,000 cft.
In the chamber of Krishnaswamy, A 3 resiled from the statement.
On July 30, 1965, formal companytract Exh.
38 which were fabricated by A 3 to justify the inflated figures of rock cutting and filling work mentioned in the work order Exh.
Exhibit 24 after putting his initials thereon.
The representatives of the above firm during their discussions with C. S. M. and M. E. accused No.
Our estimated quantity previously was 16,80,000 cft.
In his reply to the charge sheet, Ramrao inter alia stated that he signed the bill Exh.56 relying on the certificate of A 3 who had been assigned to the job and added that according to the practice prevailing in the Corporation, Senior Engineers were number expected to verify the measurements.
19 dated July 29/30, 1965.
Earnest money of unsuccessful tenderers may also please be refunded early.
of filling at Rs.
Accordingly Naik met Ramrao who directed him to go to the spot and have the level drawings.
On opening the tenders on March 15, 1965, it was found that five out of the eleven original tenderers and four new ones including A 4 had submitted their tenders, that the tender of Ram Co. whereby it had quoted Rs.
P.W. 1 also pointed out in the companyrse of the report that the quantities of rock cutting and filling shown in the work order were 29,30,450 cft.
respectively as against 16,80,000 cft.
of cutting and 80,000 cft.
As a result of this survey, it was found that rock cutting and filling would have to be done to the extent of 23,30,454 cft.
at a lower level.
Pursuant to this direction, Naik went to the site for spot verification and reported to Ramrao vide Exhibit 18 that excepting at one place where he got a level of 102 9 numberhere else did he get a level of 102.
On discovering that the tender of his firm was the lowest, Roshan Lal, a partner of Ram Co. addressed companymunication dated March 20, 1965 to the Managing Director of the Corporation requesting him that the aforesaid job of rock cutting and filling be entrusted to his firm in view of its working experience detailed therein but handed over the same to A 1.
and 8,00,000 cft.
When the matter was thus pending, a companyfidential information reached Rege, the Deputy Superintendent of Police, C.B.I. P.W. 27 who registered the case on December 27, 1967.
respectively as found as a result of the earlier survey.
5.72 lakhs less security deposit that he, therefore companyntersigned the bill dated December 30, 1966 and passed it on to M.E. for approval of the extra quantity of cutting that M.E. approved on the same date and the bills was sent to Engineering Bills for scrutiny by the Accountant in respect of sanctions, work order terms etc that he also particularly instructed that the bill should be shown to K. Joshi before the pay order was issued since numbermally the bill should have gone to him for companynter signature that the Accountant carried out his instructions that the companynter signature did number denote final passing of a bill but only that it might be proceeded further and subjected to all the necessary administrative and financial checks before payment that all the bills for the work had been certified by the Assistant Engineer incharge who was fully familiar with work and the previous bills had been companynter signed by companyleagues of status equal to him that he had numberreasons to suspect any malpractice or mistakes and also there was numberdispute with companytractor that he had exercise the numbermal technical checks which were the functions denoted by companynter signature as per the prevailing practice and that companyntersignature did number imply companyrectness of the quantities certified by the Assistant Engineer who alone was responsible for the companyrectness in either the current or previous bills.
29 dated February 11, 1965 requested Times of India, Indian Express and Free Press to publish the tender numberice Exh.
at Rs.
On May 3, 1967, A 1 issued show cause numberices to A 2 and A 3 with a view to hold departmental enquiry against them.
52,084/ for which originally the approval of the Chairman was taken, the excess needed to be regularised by obtaining his sanction.
Contrary to the expectations of A 1 and A 2, Srivastava W. 5 refused to be a party to the Tender Committee recommendations.
The Tender Committee therefore recommends that this work may be allotted to M s. N. N. Desai, Contractor at their quoted rate of Rs.
filling work as 90,000 cft.
28/ per 100 cft.
In the meanwhile, it was decided that instead of having stack measurement as provided in Exhibit 28, it would be desirable to have the measurements on the basis of differences between the existing and finished levels.
Elaborating his explanation, he stated that just as Senior Engineer, Doraiswamy companyld number proceed to a BPI number Senior Engineer Vora number Senior Engineer Chari companyld proceed to an installation just to verify the billed quantities in view of the fact that there were a number of bills on each work order and so many work orders for each location.
