Interim Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: IN THE COURT OF SPECIAL JUDGE (PC ACT) (ACB)-02,
ROUSE AVENUE DISTRICT COURTS, NEW DELHI
Presided over by: Ashish Aggarwal, DHJS
CC No.71/2024, 72/2024, 73/2024, 74/2024, 75/2024 and 76/2024
State v Ravinder Goel @ Ravi Goel & Ors.
FIR No.18/2008
PS Anti-Corruption Branch
16.10.2024
Present : Sh. Manoj Kumar Garg, Ld. PP for State.
IO Inspector Anand Prakash is present.
Supplementary charge-sheet is filed by the investigating officer.
I have heard arguments advanced by Ld. PP for the State and the
investigating Officer.
In the present case, the charge-sheet states that a complaint was filed
by Mr. Raj Mangal Prasad, Vice President (Prog.) Pratidhi. The contents of the
complaint spelled out in the charge-sheet are as follows:
“Subject: Regarding purchase scam in Children Home run
by Govt. of NCT of Delhi. Sir, the officers of Children
Home, Narela and Mentally retarded Homes Avantika
made huge purchases of clothing-bedding, dietary and
general items which are used by the children by forging
the documents of reported agencies like Kendriya
Bhandar, Delhi Khadi Village Industries Board, Delhi
Consumer Co-operative store Karam Pura, and National
Consumer Co-operative Federation (NCCF), Nehru Place
at very high prices (Annexure-I). In the Homes of Asha
Kiran Avantika Rohini purchases of these items were
made to the tune of Rs. Several lakhs by preparing fake
documents using quotations of Kindriya Bhandar, Delhi
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Khadi Village Industries Board (DKVIB) & National
Agriculture Co-operative marketing Federation of India
Ltd. (NAFED). Kendriya Bhandar and DKVIB under RTI
reply have stated that used quotations by the officers are
fake (Annexure-II&III). However, the prevailing rates of
the some of the items which they supplied to the HQ have
been quoted in his letter which is quite low compared to
the ones quoted in the forged quotations. For example,
the rate of the Pyjama quoted in the forged documents is
Rs.162/- per piece whereas the rate given to the Dept. by
the Kendriya Bhandar is Rs.67/- inclusive of VAT. In the
dietary items flour 10 Kg. pack is quoted at Rs.10.80/- per
Kg. whereas the prevailing rate was Rs.9.55/- per Kg.
Rice Permal is quoted in forged document at Rs.17.55/-
per Kg. whereas rates supplied to the Dept. is Rs.13.65/-
Haldi Power is Rs.78/- per Kg whereas the prevailing rate
was Rs.24/- and 36.03/- per Kg. respectively (Annexure-
IV). Superintendent, Children Home, Narela has also
informed that the same document used in ISPMR, Asha
Kiran Home were used in purchase of these items in
Children Home, Narela has also informed that the same
document used in ISPMR, Asha Kiran Home were used in
purchase of these items in Children Home, Narela
(Annexure-V). I have been associated with NGOs
association for Development and Pratidhi based in Delhi
which ware working on child rights issues for more than
10 years. In the course of our work I cam to know about
children being deprived of basic deprived of basic things
like food, clothing in these Govt. run Homes. Since then I
have been know about children being deprived of basic
things like food, clothing in these Govt. run Homes. Since
then I have been raising my voice against corruption in
the Social Welfare Dept. now called Women and Child
Development. On the basis of the signature on the
forwarding letters received by me and the signature
appearing on the documents it appears that Ms. Vimla
Choudhary, then Supdt., ISPMR, Mr. R. P Singh, Distt.
Officer, M. Tudu Joseph, then Supdt., Asha Kiran, Mr. R.
K Sharma, Accounts officer at Delhi Gate office prepared
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the forged documents and a particular supplier Mr. Ravi
Goel, who is the kingpin, in connivance with the
sanctioning Authority Mr. Sanjay Gihar, the then Jt.
Director (Admin.) siphoned off the Govt. money to the
tune of several lakhs. By this forging, the above officials
duped the Govt. and cornered more than 10 lakhs during
the financial year 2005-06. The above forging was
unearthed when the complainant was in the process of
making a study on various children institutions in Delhi.
While obtaining the details of the expenditures, the matter
came to my notice that a particular agency is quoting
different rates in different institutions. Being perturbed
with this factor, I approached the agencies under RTI,
whose rates were quoted to find out as to why they were
quoting different rates. To my utter surprise, Kendriya
Bhandar and Delhi Kadi Village Industries Board informed
that documents used by the officers of Social Welfare
Dept. were fake and the rates they supplied to the HQ
were astonishingly very low. The modus operandi
adopted by the corrupt officials was that the forged
documents were prepared at the behest of the authorities
and the supplier namely Ravi Goel (Mobile No.
9212035355) who resides in Jagriti Enclave, near Karkari
Mod, East Delhi and also owns a shop somewhere in
Chandni Chowk. Further, the proposal prepared on the
basis of forged documents were taken personally by Ravi
Goel to the Accounts Branch where Mr. R.K Sharma,
completed the formalities and Mr. Sanjay Gihar the then
Jt. Director (Admin.) accorded the sanction undermining
the very facts that he was supplied with the rates of
various Govt. agencies and that the goods were available
at very cheap rates. The supplier Ravi Goel purchased
these items particularly clothing, beddings himself from
the wholesale market and gave the supply himself and got
the billing of these items from NAPED. I would also like to
inform you that in the other Children Homes like Alipur
where Ravi Goel gives the supply, the forged documents
were used. We are in possession of comparative
statement of Children Home Alipur enclosed if (Annexure
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VI). Further, I would also like to inform you that 2006-07
onwards, corrupt officials have switched over to two new
agencies namely Gram Sudhar Sabha and Delhi
Consumer Co-operative Federation (DCCF) just to
hoodwink the process of codal formalities and fixing the
price at higher rates. In view of the above it, is therefore,
requested that criminal case may be lodged against the
officials and the supplier so that guilty are brought to the
book."
It is explained by Investigating Officer that the Welfare Home had invited
quotations from government bodies before making a purchase order. It is submitted
by the investigating officer that government bodies submitted their quotations. It is
stated that NAFED applied through one SR Enterprises and this quotation was
accepted. It is not understood as to how NAFED chose or decided to submit its
quotation through SR Enterprises and what procedure was adopted in the selection
of the supplier (SR Enterprises).
Since the investigating officer is not able to provide this information, it is
directed that notice be issued to the Managing Director of NAFED to explain the
procedure that was prevailing at the relevant time. Copy of this order be sent along
with notice to Managing Director of NAFED. While submitting the said explanation, it
may be borne in mind that when the government restricts participation only to
government agencies but the latter in turn allow a private entity to submit a quotation
on their behalf and to make the supplies on their behalf, it may be a subversion of the
restriction applied by the government, and may also be unfair and discriminatory to
other private entities who may have liked to contend for the government order by
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direct participation in the selection process. Also, when a government body like
NAFED chooses a private entity to vie for a purchase order, this making of choice
should also be preceded by a public advertisement laying down criteria for selection,
inviting applications and a scrutiny that applies the said criteria.
This query is being posed because as per the allegations, other
government bodies were quoting a different price for the product and the quotations
which were made the basis of the purchase order are stated to have been forged on
the basis of denial by government bodies.
Renotify on 13.12.2024.
(Ashish Aggarwal)
Special Judge (PC Act)(ACB)-02
Rouse Avenue District Courts, New Delhi
16.10.2024
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