The Bombay High Court has acquitted the Indian Institute of Tropical Meteorology (IITM) official in the 2019 case filed by the Central Bureau of Investigation (CBI) alleged of defrauding the institute of crores of rupees while awarding contracts for air quality and climate monitoring systems. The CBI had registered a case against Vipin Mali (Senior Technical Officer, IITM) under Sections 420, 465, 468, 471, 120-B of the Indian Penal Code (IPC) and Section 13(2) and 13(1)(d) of the Prevention of Corruption Act.
Adv. Pratap Pardeshi and Adv. Abhishek Avachat represented Vipin Mali in the Bombay High Court and filed an application for discharge from all the above sections.
Indian Institute of Tropical Meteorology (IITM), Pune is an autonomous body functioning under the aegis of the Ministry of Earth Sciences of the Government of India. Applicant-Dr. Gufran Beig was holding the position of Scientist-F in IITM and has retired from service. Revision Applicant-Vipin Mali was holding the position of ‘Senior Technical Officer, Grade-II in IITM. IITM implemented a program named ‘System of Air Quality and Weather Forecasting And Research’ (SAFAR) for monitoring and reporting air quality in cities. IITM proposed a display of the results of the SAFAR program at strategic locations within cities through a Digital Display System. It appears that IITM had already installed a Digital Display System in New Delhi. For the display of SAFAR data in Pune City, IITM decided to procure a Digital Display System for Pune City and surrounding areas. The Digital Display System for SAFAR Pune was to consist of 12 Outdoor LED Displays and 5 Indoor Display systems.
The crime dates back to 2019 when Mali was accused of malpractice in the IITM's System of Air Quality and Weather Forecasting and Research (SAFAR), an air quality monitoring and digital display system installed at strategic locations in the city. In 2012, IITM purchased 12 outdoor and five indoor display systems in Pune from Mumbai-based Video Wall India for Rs 4.66 crore on the recommendation of its Professional Evaluation Committee.
Seven years later, in 2019, the CBI revealed irregularities in the supply and installation of some digital display systems. The agency then conducted a surprise inspection, during which one tile from among the 11 displays installed at various locations was removed and taken to the College of Engineering Pune (COEP) for testing and investigation.
COEP's test reports have concluded that the LED displays do not conform to the specifications in the tender notice. The CBI also alleged that Video Wall India procured quality LED display units from China
And because it was cheaper in price, bought it and then Dr. Gufran Baig who was the primary accused along with Mali conspired to cheat IITM.
The counsel for the accused Mail and Baig argued that there was no wrongdoing on the part of the accused, saying that the prescribed procedure of IITM was followed without any deviation during the procurement process.
The entire procurement process is done by a technical and professional committee, so it would be wrong to selectively blame only the gardener for the decisions taken by the committee.
Importantly, the minutes of both the committees were ultimately approved by the IITM director, stated the defence counsel in the Bombay High Court.
Accepting the above argument, High Court Judge Sandeep Marne acquitted the accused in the said case.
After listening to the arguments from the public prosecutor and the defence The Bombay High Court in the acquittal judgement stated that, “I am of the view that the prosecution against the Applicants cannot be permitted to be continued. I am unable to hold that CBI has any chance of securing the conviction of the Applicants based on the material collected by it. In fact, continuation of prosecution of the Applicants would not only be an empty formality, but an abuse of process of law.”