B.A. No. 9846 of 2016. Case: Sanjoy Vs The State of Jharkhand. Jharkhand High Court
| Case Number | B.A. No. 9846 of 2016 |
| Counsel | For Appellant: Indrajit Sinha, Advocate and For Respondents: Nilesh Kumar, Spl. P.P. |
| Judges | Rajesh Shankar, J. |
| Issue | Indian Penal Code 1860, (IPC) - Sections 109, 120(B), 201, 406, 409, 419, 420, 423, 424, 434, 467, 468, 471, 477(A); Prevention of Corruption Act, 1988 - Sections 13(1)(c)(d), 13(2), 13(1)(d) |
| Judgement Date | January 24, 2017 |
| Court | Jharkhand High Court |
Judgment:
Rajesh Shankar, J.
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Heard learned counsel for the parties.
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Petitioner is an accused in a case registered for the offences punishable under Sections 419, 420, 423, 424, 467, 468, 471, 477-A, 409, 109, 120-B and 201 of the Indian Penal Code and also under Section 13(2) read with Section 13 (1) (c) (d) of the Prevention of Corruption Act, 1988 in connection with Spl. Case No. 31 of 2013-Vigil. 30/2013, pending in the Court of learned Special Judge, Vigilance, Ranchi.
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The allegation against the petitioner, in short, as mentioned in the F.I.R., is that the petitioner being the Director of Jharkhand Renewable Energy Development Agency (in short to be referred as "JREDA"), has assigned the work of solar electrification of 80 villages in the State of Jharkhand to one private agency instead of M/s. Rajasthan Electronics and Instruments Ltd. While allotting the said work, no permission was sought from the government, although the said work was to the tune of more than Rs. 10 crores. It is further alleged that according to the JREDA, the said work was given to the M/s. Rajasthan Electronics and Instruments Ltd. through its business associates namely M/s. PPS Enviro Power Pvt. Ltd., Hyderabad, a fake person namely Sumeet Agarwal was put forward as authorized signatory on behalf of the M/s. Rajasthan Electronics and Instruments Ltd., who had signed the agreement and in the said agreement, the petitioner had also signed. The said agreement was purportedly executed on dated 24.01.2006 on an stamp paper, which was purchased on 11.03.2006 and therefore, the agreement is said to be a back dated one. It was subsequently disclosed by M/s. Rajasthan Electronics and Instruments Ltd. that there was no such person named Sumeet Agarwal in the said company. It is also alleged that one Mr. V.P. Mathur, the then General Manager of M/s. Rajasthan Electronics and Instruments Ltd. clarified that the said company has not done any work pursuant to the said contract. He also denied to have received any payment in relation to the contract in question. It is further alleged that M/s. Rajasthan Electronics and Instruments Ltd. has never signed any agreement with M/s. PPS Enviro Power Pvt. Ltd., Hyderabad but the payment was made by the JREDA to M/s. PPS Enviro Power Pvt. Ltd., Hyderabad. It is also alleged that pursuant to the work order dated 19.01.2006, sub-letting the same to M/s. PPS Enviro Power Pvt. Ltd. is against the guidelines of the CVC as the said...
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