The Karnataka High Court has recently issued directives to the one-man inquiry commission led by former HC Judge Justice HN Nagamohan Das.
The court instructed the commission to submit its report on the inquiry into allegations against government contractors within 45 days, and the report should be placed in a sealed envelope.
The government established both a Special Investigation Cell and subsequently the one-man commission to investigate contracts awarded to various contractors, covering all works across different departments, including the Bruhat Bengaluru Mahanagara Palike, for the years spanning from 2019-20 to 2022-23.
The Special Investigation Cell was formed on August 5, 2023, specifically for the investigation and inquiry into the awarded contracts, faced opposition from Nikshep Infra Projects and 44 other contractors.
These contractors claimed that they weren’t receiving payment for their bills due to the ongoing investigation. On August 25, the government constituted the one-man commission and transferred the inquiry to it.
Justice M Nagaprasanna, presiding over the petition, emphasized that as the inquiry was currently before the commission, the petition was filed by the contractors needed to be kept pending.
However, the High court highlighted the need for consideration of the merger of findings from the Special Investigation Cell before the commission. Consequently, the court directed the Commission to complete the enquiry within 45 days.
The High court stated, “an outer limit of 45 days is granted for the commission to consider all the respective documents that would be placed by all the stakeholders and the commission. The commission shall afford an opportunity of hearing to all the stakeholders, and on consideration of the documents and the submissions made if any before the commission, the commission shall frame its appropriate report in accordance with law. The said report shall be placed before this Court on completion of 45 days, in a sealed cover.”
Additionally, the High Court acknowledged for the government’s commitment to pay the contractors.
The High court recorded the submission of the learned Advocate General, stating that 75% of the amount/claim for contractors without allegations of irregularities would be disbursed based on seniority.
For contractors with alleged irregularities, the payment would be limited to 50% of the claimed amount.
The High court noted that these measures align with government orders and would be adhered to throughout the proceedings or until the conclusion of proceedings before the Commission.
