Mumbai. The Bombay excessive courtroom (HC) on Tuesday discharged Anilkumar Gaikwad, the then government engineer of the Presidency division of the general public works division (PWD), from a case associated to an irrigation rip-off in Maharashtra’s Konkan area.
The anti-corruption bureau (ACB) had booked Gaikwad together with the companions of FA Enterprises, Fateh Mohammed Khatri, and his sons Nisar, Jaitun, Aabid, and Jahid, on September 23, 2015, on fees of graft.
The ACB accused Gaikwad of corruption, as he had awarded new contracts to FA Contractors, who had already bagged six orders and weren’t eligible for extra work.
The ACB alleged that underneath Gaikwad’s watch FA Contractors’ promoters floated a brand new firm, FA Enterprises, purportedly claiming that it was fashioned by the administrators, who had resigned from the dad or mum agency.
Gaikwad was accused of overlooking the principles and forwarding a proposal for registration of FA Enterprises as a Class-1A contractor with the federal government. He allegedly forwarded the proposals with out conducting correct scrutiny of paperwork submitted by the contractor.
Gaikwad moved HC after the particular ACB courtroom rejected his discharge plea on March 15, 2019.
Justice AM Badar, nonetheless, overruled the particular courtroom order on the bottom of lack of proof in opposition to Gaikwad.
The choose additionally took into consideration a authorities decision (GR) issued by the PWD authorities on November 28, 2018, that exempted all their workers from penal penalties arising out of the scrutiny of paperwork submitted by contractors.
The choose famous that the GR said that PWD workers or officers who could also be entrusted with the work of scrutiny of paperwork submitted by contractors to the division shall not be held accountable for penal penalties in respect of scrutiny of such paperwork, if these grow to be false and fabricated.
“As this GR has the retrospective impact, the continuation of prosecution in opposition to the applicant (Gaikwad), which is an allegation that he has not ascertained veracity and truthfulness of the paperwork submitted by the FA Enterprises, will surely quantity to an abuse of the method of the courtroom,” mentioned justice Badar.
The choose famous that there was hardly any proof in opposition to the PWD engineer. “Perusal of the complete charge-sheet doesn’t reveal iota of proof for even prima facie demonstration of an offence of prison misconduct on the a part of the applicant,” mentioned the courtroom.
It famous that the complete file referring to the registration and certification of FA Enterprises as a Class-1A authorities contractor has gone lacking. No unique doc is accessible to make clear the registration of FA Enterprises as a Class-1A authorities contractor, it added.