New Delhi: A construction firm owner has been sentenced till the rising of the court and slapped with a fine of Rs five lakh by a Delhi court for getting a road maintenance contract from NHAI on the basis of forged documents. The court convicted Chandigarh resident Ashok Kumar Garg, proprietor of M/s Garg construction and Company, on the charge of using forged documents as genuine after he pleaded guilty to the offences.
“Record also showed that the accused is regularly coming from Chandigarh to attend this case. He has suffered a lot.Keeping in view the family circumstances and the fact that no loss has been caused to the State exchequer except the offence of forgery by which convict has got awarded the contract. “In my considered view interest of justice will suitably be met if the accused is sentenced to TRC (till the rising of the court) and heavy fine of Rs five lakh,” Chief Metropolitan Magistrate Pooran Chand said.
A case was lodged by CBI in 2006 against Garg and other public servants of National Highways Authority of India (NHAI) on the allegations that the accused persons conspired to cheat NHAI and obtained payment without proper execution of the work as per terms and specifications of the contract agreement. It had said that they caused wrongful loss to NHAI for the work of improvement and routine maintenance of stretch between Sonepat and Panipat.
Charge sheet was filed against Garg in 2008 on the allegations that he used forged experience certificate and balance sheets for getting the maintenance work from NHAI in order to cheat. Till now six prosecution witnesses were examined and Garg approached the court for pleading guilty of the offences. The court said as per case of prosecution, convict has forged the balance sheet of the firm by inflating the annual turnover of the firm to get contract which is completed successfully and bills have been paid.
It noted that there was no complaint from NHAI and during investigation, Garg was not arrested by CBI and charge sheet was filed without arrest of accused. Garg submitted before the court that execution of work has been properly done and the final bill has already been passed by supreme authority, RITES. He added that as the work was completed satisfactorily there was no complaint from NHAI, which awarded the contract.
He sough a lenient view in sentencing submitting that he was suffering from diabetes and had to come from Chandigarh to attend this case since 2006 and was the sole bread earner of his family having two school-going kids.
