9911796707
TMI Blog2017 (12) TMI 1787X X X X Extracts X X X X X X X X Extracts X X X X ..... and 13 (1) (d) read with 13 (2) of the P.C. Act on 13.1.2012 at police station Sector 39 Noida, Gautam Budh Nagar U.P. for the alleged corrupt practices while executing engineering work between 14.12.2011 and 23.12.2011 in which agreement bonds of Rs. 954.38 crores were executed by Engineering Department of Noida. The investigation of the case was initially carried out by the local police but thereafter the same was entrusted on 3.11.2012 to C.B.C.I.D. which submitted final report on 13.1.2014 and on 27.11.2014, the final report was accepted by the Special Judge S.C./S.T. Act, Gautam Budh Nagar. On 16.7.2015, the Lucknow Bench of this Court has passed an order in Misc. Bench No. 12396 of 2014 (Dr. Nutan Thakur vs. State of U.P. & others) di ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... basis. The applicant was assigned the work of making entries in the measurement books as per the instructions and directions of the senior officials. The entries in the measurement books were made only after verifying the performance of work and thus no entry in the measurement books issued to the applicant was anti dated. The C.B.I. has wrongly stated in the charge-sheet that the entries in the measurement books issued to co-accused R.D. Sharma were made by the applicant. The applicant had no role to play in the official procedure of tender bidding and thus he cannot be held liable for the decisions taken by the Senior Government officials posted at Noida Authority. The applicant being the contractual employee had no connection with any pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Contract Bond had been signed in November, 2011. In furtherance of the criminal conspiracy, undue favour was shown to M/s NKG Infrastructure by awarding tender on exorbitant rates and then making false entries in the measurement books to show the execution of the work on a later date. The wrongful loss to the Government comes to the tune of Rs. 4.52 Crores. It is also established during the investigation that the accused contractor has shown undue favour in the allotment of the tender by violating the existing CPWD rules and guidelines in criminal conspiracy with public servants of Noida Authority. During investigation, Deepak Kumar, the then Assistant Manager M/s RITES disclosed that the work in question was started much before the si ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... economy of a country and destroys its cultural heritage. It poses a threat to the concept of constitutional governance and shakes the very foundation of democracy and the rule of law. It threatens the security of the societies undermining the ethical values and justice jeopardizing sustainable development". 7. Considering the allegations levelled against the applicant and the evidence found during investigation against him in the supplementary charge-sheet filed against him reflects the nexus between the accused persons which is an organized crime that resulted in a multi crore scam in the NOIDA Authority in which the applicant also actively participated along with the coaccused persons, hence the prayer of the applicant to release him on ..... X X X X Extracts X X X X X X X X Extracts X X X X
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