Tender Scam Verdict: Supreme Court Explains Difference Between Forgery & Corruption in Govt Tenders
The Supreme Court partially allowed the appeal, upholding charges under Sections 409 (criminal breach of trust) and 468 IPC (forgery for cheating) against the appellant, a PWD engineer, for allegedly manipulating tender documents. However, it quashed charges under Section 13(1)(d) of the PC Act, holding no evidence of 'criminal misconduct' or pecuniary advantage. The Court clarified that discharge pleas require examining only prima facie evidence in the chargesheet, without assessing credibility at this stage. The ruling reaffirms the distinction between procedural irregularities and corrupt intent under anti-corruption laws
Facts Of The Case:
The case involved K.H. Kamaladini, an Executive Engineer in Goa's Public Works Department, accused of manipulating 19 short tender notices for 847...