Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: IN THE COURT OF SPECIAL JUDGE (PC ACT) (ACB)-02,
ROUSE AVENUE DISTRICT COURTS, NEW DELHI
Presided Over by:- Ashish Aggarwal, DHJS
CLOR No.9/2024
State v Closure Report (M. K. Sharma & Ors.)
FIR No.22/2003
PS Anti-Corruption Branch
09.09.2024
Present : Sh. Gyan Prakash, Ld. Substitute PP for State.
IO ACP Rakesh Ahuja is present.
Status report is filed by IO. The same is taken on record.
This is a peculiar case where the Anti-Corruption Branch has been
taking different stands. The documents which have been produced on record
need closer scrutiny because they prima facie show that the Anti-Corruption
Branch misled this Court, the Directorate of Vigilance and also the Hon'ble High
Court of Delhi. The case relates to misappropriation of funds which were meant
for rehabilitation and welfare of leprosy affected persons. Despite the fact that the
complaint had been accompanied by report of special audit, and even though the
departmental inquiry found that blameworthy acts have been performed, the Anti-
Corruption Branch has submitted a cancellation report concluding that there were
only procedural lapses without probing, in detail, into the aspect of
misappropriation of money. This Court rejected the closure report twice, first in
the year 2007 and then in the year 2021. Yet, the Anti-Corruption Branch did not
make good all the deficiencies and instead displayed reluctance to look into the
documents and to thoroughly examine the witnesses. They allowed almost twenty
years to pass by in the name of conducting investigation. There was repeated flip-
flop in deciding whether to prosecute the accused persons. Sometimes a sanction
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which had been requested was withheld. Sometimes a request for sanction was
withdrawn on the pretext that some further investigation was being done which, as
has now transpired, was an eyewash.
Before proceeding further, it is directed that in case there are any
reasons that weighed with the Anti-Corruption Branch when it withdrew its request
for sanction or decided not to use the sanction received, the same may be
disclosed by the branch. Also, what investigation had taken place after
22.07.2019 may also be brought forth.
Let notice be issued to the Joint Commissioner of Anti-Corruption
Branch in this behalf.
List on 04.12.2024.
(Ashish Aggarwal)
Special Judge (PC Act)(ACB)-02
Rouse Avenue District Courts, New Delhi
09.09.2024
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