Readiness and Willingness Under Section 16(c) Is Not a Ritualistic Phrase — Plaintiff Must Prove It With Substance, Not Just Words: Karnataka High Court FIR in Disproportionate Assets Case Quashed: Patna High Court Slams SP for 'Non-Application of Mind' and 'Absence of Credible Source Information' Ownership of Vehicle Linked to Commercial Quantity of Heroin – Custodial Interrogation Necessary: Punjab & Haryana High Court Denies Anticipatory Bail under Section 482 BNSS Death Caused by Rash Driving Is Not a Private Dispute — No FIR Quashing on Basis of Compromise in Section 106 BNS Cases: Punjab & Haryana High Court No Bank Can Override Court Orders: Rajasthan High Court Slams Axis Bank for Unauthorized Withdrawal from Court-Ordered FD" Indian Courts Cannot Invalidate Foreign Arbitral Awards Passed Under Foreign Law: Madhya Pradesh High Court Enforces Texas-Based Award Despite Commercial Court’s Contrary Decree Sudden Quarrel over Mound of Earth — Not Murder but Culpable Homicide: Allahabad High Court Eligibility Flows from Birth, Not a Certificate Date: Delhi High Court Strikes Down Rule Fixing Arbitrary Cut-Off for OBC-NCL Certificates in CAPF (AC) Recruitment Bar Under Order II Rule 2 CPC Cannot Be Invoked Where Specific Performance Was Legally Premature Due To Statutory Impediments: P&H High Court Once a Court Declares a Department an Industry Under Section 2(j), State Cannot Raise the Same Objection Again: Gujarat High Court Slams Repetitive Litigation by Irrigation Department “How Could Cheques Issued in 2020 Be Mentioned in a 2019 Contract?”: Delhi High Court Grants Injunction in Forged MOA Case, Slams Prima Facie Fabrication Calling Wife by Her Caste Name in Public Just Before Suicide is Immediate Cause of Self-Immolation: Madras High Court Upholds Husband’s Conviction Under Section 306 IPC No Work No Pay Is Not a Universal Rule: Punjab & Haryana High Court Dock Identification Without Prior TIP Is Absolutely Useless: P&H High Court Upholds Acquittal in Attempt to Murder Case Filing Forged Court Pleadings in Union Government’s Name is Criminal Contempt: Karnataka High Court Sentences Litigant to Jail Execution of Will Proved, But Probate Justly Denied Due to Concealment of Property Sale: Delhi High Court Mere Designation Doesn’t Establish Criminal Liability: Bombay High Court Quashes Proceedings Against ICICI Officials in Octroi Evasion Case Fraud on Power Voids the Order: Supreme Court Quashes FIR Against Karnataka BJP Leader R. Ashoka, Slams Politically Motivated Prosecution Cause of Fire Is Immaterial If Fire Itself Is Insured Peril: Supreme Court Rebukes Insurer’s Repudiation Dragging a Trained Army Officer Up 20 Steps Without Resistance? The Story Lacks Credence: Supreme Court Upholds Acquittal in Army Officer’s Murder Semen Stains Alone Do Not Prove Rape: Supreme Court Acquits Doctor Accused of Rape No Mortgage, No SARFAESI: Supreme Court Rules Against NEDFi, Says Recovery Action in Nagaland Without Security Agreement Was Illegal Parity Cannot Be Denied by Geography: Supreme Court Holds Jharkhand Bound by Patna HC's Judgment, Orders Pay Revision for Industries Officer Once Power Flows Continuously from a Synchronized Turbine, It Is No Longer Infirm: Supreme Court Orders TANGEDCO to Pay Fixed Charges to Penna Electricity

Exoneration in Departmental Inquiry Leads to Discharge: Bombay High Court Quashes Prosecution of IITM Scientists in Corruption Case"

13 September 2024 11:13 AM

By: sayum


"There is no material on record to raise grave suspicion against the applicants, and continuation of prosecution would not only be an empty formality but an abuse of process of law." – Justice Sandeep V. Marne, Bombay High Court.

In a significant ruling, the Bombay High Court has discharged two senior scientists, Dr. Gufran Beig and Vipin Raghunath Mali, from criminal prosecution in a case involving allegations of corruption and substandard procurement in the SAFAR Pune project. The scientists, formerly employed at the Indian Institute of Tropical Meteorology (IITM), were accused of facilitating the purchase of below-specification digital display boards for the SAFAR (System of Air Quality and Weather Forecasting And Research) initiative. The Central Bureau of Investigation (CBI) alleged that the procurement caused a wrongful loss of Rs. 2.50 crores to IITM and benefited a private contractor, M/s. Video Walls.

Dr. Gufran Beig, a project leader at IITM, and Vipin Mali, a senior technical officer, were implicated in irregularities related to the procurement of digital display systems for Pune City under the SAFAR project. The CBI charged the scientists with:

Diluting Procurement Criteria: The applicants allegedly reduced the pre-bid turnover criteria from Rs. 50 crores to Rs. 3 crores to favor M/s. Video Walls, the contractor.

Rejecting a Qualified Bidder: The bid of M/s. MIC Electronics Ltd., a previous supplier for SAFAR Delhi, was purportedly rejected on flimsy grounds.

Substandard Equipment: M/s. Video Walls supplied digital display boards that did not meet the brightness specifications in the tender.

Bogus Test Reports: Dr. Beig was accused of issuing a test report certifying the substandard displays.

The CBI’s case rested on these allegations, contending that the applicants had conspired with private parties to defraud IITM.

Justice Sandeep V. Marne, in discharging the applicants, conducted a detailed analysis of the evidence and the procurement process:

No Grave Suspicion: The court found that the procurement decisions were made by committees, not by the applicants alone. All steps were approved by higher authorities, including the IITM Director, and the bids were assessed by both a Technical Evaluation Committee (TEC) and a Commercial Evaluation Committee (CEC), comprising multiple members.

Rejection of M/s. MIC Electronics: The court dismissed the allegation that the rejection of M/s. MIC Electronics' bid was malicious. The TEC had valid reasons to reject the bid, including discrepancies in the dimensions of the LED display board and concerns about the company’s poor after-sales service.

No Personal Gain: Importantly, there was no allegation or evidence that the applicants received any financial benefit from the procurement process. The court emphasized that the accusations against the applicants were not substantiated by the evidence presented.

Test Reports and Specifications: On the issue of substandard equipment, the court noted that IITM had not received any complaints about the functioning of the display boards for seven years after installation. The court also found no concrete link between the COEP test report and the overall quality of the displays, dismissing the accusation of bogus test reports.

Departmental Exoneration: A crucial factor in the court's decision was the exoneration of Vipin Mali in a departmental inquiry. The inquiry, which examined the same allegations, concluded that Mali was not responsible for any wrongdoing. The court found that if the charges could not be proven in the departmental inquiry, the chances of securing a conviction in the criminal case were slim.

The court cited the Supreme Court’s ruling in Radheshyam Kejriwal to underscore that exoneration in a departmental inquiry, conducted on a lower standard of proof, could impact the viability of criminal prosecution. In this case, the court concluded that continuing the prosecution after the departmental inquiry had cleared the applicants would be unjust and an abuse of the legal process.

The ruling has brought significant relief to the two former IITM scientists, marking the end of a prolonged legal battle that began with allegations of corruption and substandard procurement. The court’s decision emphasizes the importance of evaluating evidence carefully in complex procurement cases and highlights the impact of departmental findings on criminal proceedings. This case may serve as a precedent for future cases where departmental exoneration is considered relevant to criminal prosecution.

Date of Judgment: September 9, 2024

Dr. Gufran Beig & Vipin Raghunath Mali vs. C.B.I. A.C.B. Pune & State of Maharashtra

Latest Legal News