Sanjay S/o Laxman Kholapurkar Vs State of Maharashtra (Bombay High Court)
The applicant invoked Section 482 of the Criminal Procedure Code seeking quashing of the order dated 30 April 2021 passed by the Special Judge (ACB), Nagpur, rejecting his discharge application in Special Case No. 26/2018 arising from Crime No. 204/2017. He also sought quashing of the prosecution, a stay of the trial, and other consequential reliefs. The applicant had served as Superintending Engineer in the Irrigation Department, was in charge of the Gosikhurd Project under the Vidarbha Irrigation Development Corporation (VIDC), and had taken voluntary retirement in 2013. He was charged under Sections 13(1)(c), 13(1)(d), 13(2) of the Prevention of Corruption Act, and Sections 420 and 109 of the IPC. The case arose after public interest litigations highlighted irregularities in irrigation projects in Vidarbha, leading the State Government to direct an Anti-Corruption Bureau enquiry.
During the enquiry, it emerged that tenders were issued contrary to rules through illegal changes and that project costs were increased without following legal procedures. The applicant was alleged to have recommended and approved mobilization advances to the contractor, Hindustan Construction Company, even though there was no provision in the tender for such advance. The contractor had requested 10% mobilization advance, and the Executive Engineer recommended it. On the basis of the applicant’s proposal, an advance of Rs. 10.49 crore was disbursed. Expert Committee opinions indicated that the tender and project cost changes were not legally permissible and that the advance was contrary to relevant rules under the Maharashtra Public Works Department. The Technical Expert Committee opined that only limited cost increases relating to specific items like cement, steel, and natural materials were permissible. However, it noted irregularities leading to a government loss of Rs. 781.39 crore, attributed to actions of the Executive Engineer, the applicant, and others. A chargesheet was filed in 2018.
