Prevention of Corruption Act, 1988
Section 15 read with Section 120B, 420 & 511 of IPC—Attempt to commit an offence referred to in clause (c) or clause (d) of sub-section (1) of Section 13 of the Prevention of Corruption Act—Conviction—Case relating to irregularities committed in invitation of tenders for work of white wash and paint in the three Homes (Children Home for Boys, Home for Aged and Inform Person and After Care Home for Boys)—Several discrepancies were found in the prosecution case—Admittedly the tender for work was not awarded to PWD , DSIDC or CPWD and tender for `four work orders’ was invited by putting a notification on the Notice Board of ACHB—Assertion that if more bids were invited, the lower rates could not have been quoted, is a hypothetical assertion and cannot be accepted—Tender was opened in the presence of all the three Superintendents of the homes and the work awarded to the appellant, who had since quoted the lower price—Payment was not made despite filing of civil suit by the appellant—Bills submitted by the appellant were duly verified and certified by District Welfare Office and then forwarded for payment—Failure of prosecution to establish its case against both the appellants and necessary ingredients of criminal conspiracy between them are also missing—Conviction set aside.
[Paras 22 to 24, 27 & 29]
Decision : Appeals allowed