In a significant development, a First Information Report (FIR) has been filed against Shri N.P.S. Monga, former Development Commissioner (DC) of Santacruz Electronics Export Processing Zone-Special Economic Zone (SEEPZ-SEZ), Mumbai, and Shri V.P. Shukla, former Joint Development Commissioner (JDC) and Estate Manager, for alleged corruption and procedural violations during their tenure. The case, registered by the Central Bureau of Investigation (CBI), stems from a complaint dated 15th November 2022 by Shri Haresh Dahilkar, Assistant Development Commissioner, SEEPZ-SEZ.
The FIR alleges a series of offenses under Section 120-B of the Indian Penal Code (IPC) (criminal conspiracy) and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988, implicating the accused in a conspiracy to abuse their positions for undue advantage.
Allegations and Procedural Irregularities
- Awarding Contracts Without Competitive Bidding
The FIR highlights that major structural repair and allied civil works, including waterproofing treatments at SEEPZ-SEZ buildings, were awarded in 2016-17 to M/s National Co-operative Construction & Development Federation of India Ltd. (NFCD) without any competitive bidding.
The total project cost amounted to Rs.74.85 crores, with Rs.56.14 crores paid as advance by December 2017. This allocation violated the General Financial Rules (GFR), 2017, which mandate competitive bidding to ensure transparency and fairness.
Further, NFCD, a cooperative society under the Multi-State Cooperative Societies Act, 2002, was found ineligible for the project, as it was not notified as an authorized Public Sector Undertaking (PSU) by the Ministry of Urban Development (MoUD).
- Unauthorized Financial Commitments
Despite the SEEPZ-SEZ Authority approving an expenditure of ₹40.48 crores, the work order issued to NFCD amounted to Rs44.58 crores, exceeding the approved budget by Rs.4 crores without proper authorization. Additionally, an extra Rs.7.77 crores was sanctioned for structural repairs without obtaining the requisite approval.
- Quality Control Failures
Audit findings revealed a weak quality control mechanism for monitoring the repair works. Inspections by the Disaster Management Advisor (DMA) in November 2017 identified major structural discrepancies, including defective columns and beams in the completed work. Despite repeated requests to rectify the deficiencies, NFCD took no corrective action.
Furthermore, no Memorandum of Understanding (MoU) or Bank Guarantee (BG)/ Performance Guarantee (PG) was obtained from NFCD, limiting SEEPZ-SEZ’s ability to enforce compliance or penalize the contractor for deficiencies.
- Procedural Violations in SEZ Allotments
The FIR also points to irregularities in allotments made by the SEEPZ-SEZ Authority, where units were issued Letters of Approval (LOA) and Provisional Allotment Letters without adhering to the mandatory norms prescribed under Rule 17 and 18 of SEZ Rules, 2006.
These lapses included:
Failure to scrutinize mandatory documentation like pollution control clearances, fire safety NOCs, and building approval plans.
Misalignment between export projections, installed capacity, and the allotted space.
The FIR also mentions the following points:
Criminal Offenses and Conspiracy
The FIR prima facie reveals a conspiracy between Shri N.P.S. Monga, Shri V.P. Shukla, and other unknown persons to abuse their official positions, causing undue advantage to NFCD and financial loss to the SEEPZ-SEZ Authority.
The acts constitute:
Criminal Conspiracy (Section 120-B, IPC)
Criminal Misconduct by Public Servant (Section 13(2) read with Section 13(1)(d), PC Act)
The investigation, led by Inspector Mohan Kumar of the CBI Anti-Corruption Bureau (ACB), Mumbai, is set to examine the role of other individuals who may have been complicit in the conspiracy. The competent authority has granted permission under Section 17A of the Prevention of Corruption Act, 1988 (amended in 2018) to investigate both Shri Monga and Shri Shukla. This provision requires prior sanction for inquiries against public servants in corruption-related matters.
