Order 7

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
CC No.71/2024, 72/2024, 73/2024, 74/2024, 75/2024 and 76/2024
State v Ravinder Goel @ Ravi Goel & Ors.
FIR No.18/2008
PS Anti-Corruption Branch
26.04.2025
Present : Sh. Vikash Kumar, Ld. PP for State.
Ms. Harshita Goel, Ld Counsel on behalf of NAFED is present.
IO Inspector Anand is present.
An application is filed on behalf of NAFED seeking copy of charge-sheet and
relevant documents. She submits that she has not been provided complete copy of
charge-sheet and documents of all the files. I have heard arguments. The application
is allowed. Let copy of charge-sheet and documents sought by Ld. Counsel for
NAFED be provided to her within one week from today.
The matter shall be taken up for hearing on 16.07.2025.
The other aspect pending in the Court is regarding inspection of documents
and supply of documents.
This Court had received letter dated 12.09.2024 issued by Mr. N.
Balachandran, Inquiring Authority asking this Court to permit inspection of
documents. Inspection of the file was carried out. During inspection, some documents
could reportedly not be located. These documents are:
1. Copy of note sheet regarding administrative approval of Rs.
5,06,000/- for the procrrement of non-dietary items in respect of
HMRP Asha Kiran Avantika.
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2. Copy of note sheet regarding administrative approval and
expenditure sanction of Rs. 7,82,165 for the procurement of
dietary/non-dietary items in respect of HMRP Asha Kiran
Avantika.
3. Copy of note sheet regarding ex-post facto sanction of Rs
2,97,713/- for the procurement of dietary/non-dietary items in
respect of HMRP Asha Kiran Avantika.
IO has submitted that it was incorrectly recorded on the file by Mr. Sanjay
Gihar and Mr. Kumar Abhishek, and endorsed by Court Staff Mukesh and Amandeep
Singh, that the some documents are not traceable. He submits that all the
documents, including those reported to be untraceable, were already lying in the
judicial file and were open to inspection.
Mr. Ketul Hansraj has appeared on behalf of Presenting Officer Mr. Kumar
Abhishek. He has filed an application which is in the form of a request letter. By the
said application, Presenting Officer Mr. Kumar Abhishek has sought his exemption
from personal appearance. He has also prayed for permitting inspection of
documents after representation of Mr.Sanjay Gihar for change of Inquiring Authority
is decided by the Ministry of Home Affairs. At the request of Mr. Kumar Abhishek, he
is exempted from his appearance for today.
Regarding inspection of documents, it is made clear to Mr. Kumar Abhishek
and Mr. Sanjay Gihar that the documents are on record and that they are at liberty to
inspect them. Mr. Ketul Hansraj submits that it was noted on the file that some
documents are not traceable because at the time of the inspection, they could not be
readily found. He submits that since the documents have been located on the file, Mr.
Kumar Abhishek has no difficulty in carrying out the inspection afresh.
Although Mr. Kumar Abhishek has requested through his application that the
inspection may be carried out on a day after the request of Mr. Sanjay Gihar for
change of Inquiring Authority is decided, this Court is permitting the inspection to be
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carried out on any working day henceforth regardless of pendency or disposal of the
application for change of Inquiring Authority.
Mr. Sanjay Gihar has chosen not to appear despite service of notice. In case
Mr. Gihar does not wish to carry out the inspection, he may refrain from doing so, on
his own volition.
This Court had also received letter dated 27.09.2024 issued by Mr. N.
Balachandran, Inquiring Authority asking this Court to provide copy of documents
specified by Mr. Sanjay Gihar, to Mr. Gihar through Mr. Kumar Abhishek. The
documents comprise of certified copies of the quotations and the comparative
statements of:
a. Copy of note sheet regarding ex-post facto sanction of Rs. 52,300 for
the purchase of dietary items in respect of CHB-II, Alipur.
b. Copy of note sheet regarding ex-post facto sanction of Rs. 7,94,996/-
for the purchase of clothing and bedding in respect of CHB-I, Alipur.
c. Copy of note sheet regarding ex-post facto sanction of Rs.11,72,750/-
for the purchase of non-dietary items in respect of CHB-I, Alipur.
d. Copy of note sheet regarding ex-post facto sanction of Rs. 3,37,228/-
for the procurement of dietary items in respect of CHB-I, Alipur.
e. Copy of note sheet regarding ex-post facto sanction of Rs.1,74,018/-
for the procurement of non-dietary items in respect of CHB-I, Alipur.
f. Copy of note sheet regarding ex-post facto sanction of Rs. 2,15,098/-
for the procurement of dietary/non-dietary items in respect of CHB-I,
Alipur.
Copies of these documents be sent to Mr. Kumar Abhishek as has been
requested by Inquiring Authority. The office address of Mr. Kumar Abhishek is stated
to be Presenting Officer Kumar Abhishek, Department of Training & Technical
Education, Govt. of NCT of Delhi, Muni Maya Ram Marg, Pitam Pura, New Delhi-
110034.
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Copy of this order shall be sent to Inquiring Authority and to Mr. Kumar
Abhishek.
(Ashish Aggarwal)
Special Judge (PC Act)(ACB)-02
Rouse Avenue District Courts, New Delhi
26.04.2025
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