Interim Order 36

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC No.49/2023, FIR: 205/2013, PS: Parliament Street
Page 1 of 10
CNR No. DLCT11-000564-2023
CC No. 49/2023
FIR No. 205/2013
PS: Parliament Street
State v. Jagdish Chander (Absconder)
07-08-2026
Present: Sh. Pramod Kumar, Ld. PP for State.
IO/ACP D. P. Singh of DSF Unit, New Delhi
District, is also present.
Accused Jagdish Chander is already declared
absconder, vide order dated 27.03.2018.
Arguments on the point of cognizance heard. Record
perused.
1.
Shorn off unnecessary facts, FIR in question
came to be registered under u/s 420/409/
120B IPC & 13 of Prevention of Corruption
Act, 1988 [hereinafter referred to as ‘PC Act’
in short] at PS Parliament Street,
on the complaint dated 08.01.2018 of the
then Under Secretary, Vigilance Division,
Ministry of Tourism, Govt. of India, wherein it
was alleged,
inter alia, that accused
Jagdish Chander, who was Group-A Officer
holding the post of Assistant Director General
in the Ministry of Tourism, was posted at
Indian Tourism Office, London
[hereinafter referred to as ‘
ITO London’] from
08.04.2008 to 07.04.2011. During the said
period at ITO London, he was reportedly
involved in various illegal activities/acts of
criminal conspiracy. It alleged that one Article
-- 1 of 10 --
CC No.49/2023, FIR: 205/2013, PS: Parliament Street
Page 2 of 10
published in The Indian Express on 09.08.2011,
claimed that ITO London, under the authority
of accused Jagdish Chander, had made payment
of GBP 5,000 in the name of M/s Monsoon
(Banqueting Hall Dominion Rd, Dominion Car
Park, Southhall Middlesex UB2 4BG) on
account of hall hire charges and cultural
program on the request of Krishna Menon
Institute, Boardman House, Stratford London
E15 1NT. It further alleged that aforesaid
expenditure was incurred on celebration of the
re-election of Sh. Virendra Sharma, who was
British Member of Parliament. In view thereof,
Ministry of Tourism got the matter examined
by its London Office and also directed the
Regional Director, India Tourism Dubai
(Sh. Vikas Rustagi) on 05.12.2011, to inspect
the records of ITO, London. Though, the
allegations against British Member of
Parliament could not be established, however,
it was discovered that no Institute by the name
of M/s Krishna Menon Institute, existed and
thus, aforesaid payment was apparently made
to a non-existent firm. It was also brought to
the notice that no documents related to the case,
were available in the office of ITO, London,
except the payment documents.
-- 2 of 10 --
CC No.49/2023, FIR: 205/2013, PS: Parliament Street
Page 3 of 10
2. Report submitted by Sh. Vikas Rustagi also
revealed that something was seriously amiss in
ITO London under the aforesaid accused,
who was holding office as an opportunity to
self served unscrupulously and illegally.
Apart from discovering the illegality of
transaction with a non-existent firm
(Krishna Menon Institute), inspection carried
out by Sh. Vikas Rustagi, also found some
more equally damning instances, wherein the
aforesaid accused had abused his official
position, which eventually caused loss to the
Exchequer. The External Audit Report specific
to the ITO London for the period April 2010-
March 2011, also independently confirmed the
findings of Shri Vikas Rustagi. Further, as part
of its normal inspection program, the Internal
Audit attached to Ministry of Tourism,
also inspected the London office from
31st May-04th June, 2012 and pointed out
certain illegalities/ irregularities, as were
already highlighted in the Inspection Report of
Shri Rustagi and Report of the External Audit.
3. On the basis of the above three reports and
other available facts, it was alleged that accused
Jagdish Chander had hatched conspiracy with
other persons and cheated Government of
India, inasmuch as by making payment of
-- 3 of 10 --
CC No.49/2023, FIR: 205/2013, PS: Parliament Street
Page 4 of 10
GBP 5000 to non-existent firm namely
M/s Krishna Menon Institute. Further, it is
alleged that (i)ITO, London, under the authority
of accused Jagdish Chander, had awarded the
work of construction / building of Stand of
ITO, London during various tourism related
fairs and exhibitions to a non existed firm
namely M/s RAR Occasion-Really Awesome
& Reminiscent slough UK, due to which,
London Office could not get a refund equal to
VAT payment and he thereby caused loss to the
tune of GBP 12,960 to the State Exchequer;
(ii) ITO London, under the authority of accused
Jagdish Chander, made an initial payment of
GBP 3,000 to Your Tourism Partner Limited
for an online Travel Agents Training Program
agency and said wasteful expenditure was
incurred by accused Jagdish Chander for
benefiting a particular person’s firm and
thereby said accused caused pecuniary loss to
the Government of India; (iii) ITO, London,
under the authority of accused Jagdish
Chander, authorized and released a payment of
GBP 2937 (including VAT of GBP437.50) to
M/s 3K Enterprises Limited for celebration of
India Day on 27th September 2010, due to
which, the amount of GBP 2,500 was
reportedly transacted into the account of
co‑accused Sanjay Sunder Mechery;
-- 4 of 10 --
CC No.49/2023, FIR: 205/2013, PS: Parliament Street
Page 5 of 10
(iv) ITO, London, under the authority of
accused Jagdish Chander, also made a payment
of GBP 1,175 to M/s. Loveena Tandon, in lieu
of full page advertisement in Bee Magazine
without receipt of proper invoice and the
payment had been made in the name of the
person, whereas as per the extant rule, payment
should have been made in the name of the
organization through Account Payee
Cheque instead of in the name of an individual;
(v) ITO, London, under the authority of
accused Jagdish Chander, also
awarded the contract of catering to a firm
namely M/s SL Event & Catering for World
Travel Mart (WTM), which had neither
mentioned its VAT registration, nor telephone
number in its documents; and there was no firm
registered in that name, but still, the said
accused ignored these facts and issued the
cheque amounting to GBP 25,000, as an
advance payment in favor of M/s SL Events,
instead of M/s S. L. Events & Catering;
(vi) ITO, London, under the authority of
accused Jagdish Chander, also paid an amount
of GBP 8,000 to Indo-EU Business Forum on
account of a seminar reportedly held on
10.11.2010, whereas, the letter seeking
assistance for the purpose, was sent only on
29.11.2010 and said letter was converted into
-- 5 of 10 --
CC No.49/2023, FIR: 205/2013, PS: Parliament Street
Page 6 of 10
invoice and the payment was released without
any third party invoice. Few more instances are
also mentioned in the main chargesheet filed
before the Court.
4. After registration of the FIR, investigation was
carried out in this case, during which, it was
revealed that accused Jagdish Chander had
joined his duties in the headquarter at
New Delhi on 29.08.2011, on completion of his
overseas tenure and subsequent leaves.
Thereafter, he was sanctioned 12 days EL from
10.10.2011 to 21.10.2011 to visit United
Kingdom in connection with his daughter’s
education, however, thereafter he neither
reported back to India, nor joined his duties
despite repeated reminders sent by the
Competent Authority. In the meanwhile, he had
tendered his resignation through e-mail, which
was rejected by the Ministry and since then, he
was over staying unauthorizedly in UK beyond
21.10.2011, despite the direction of Ministry.
Hence, Departmental enquiry was initiated
against him.
5. It is further the case of the prosecution that
during investigation, it was revealed that
Mr. Rajkumar Sunani (employee of ITO,
London, UK) had also filed complaint before
Metropolitan Police, London UK vide Crime
-- 6 of 10 --
CC No.49/2023, FIR: 205/2013, PS: Parliament Street
Page 7 of 10
Reference No.3007449/15 dated 16.03.2015.
IO had visited ITO, London, UK in March and
April, 2016 and collected relevant records from
the said office, which revealed that co-accused
Sanjay Sunder Mechery had been indulging in
siphoning of Indian Tourism Office funds for
personal gains by corrupt means while in
employment. Relevant documents, including
disclosed bank statement of co-accused
Sanjay Sunder Mechery, were also collected,
which revealed that amount of GBP 2937.50
paid by ITO London to M/s 3K Enterprises for
a promotional event at Cheshire, Manchester,
was transferred back in the bank account of
said co-accused. Further, said co-accused was
deputed by the then Director to participate in
the event on behalf of Indian Tourism, London,
however, it was revealed that said event did not
happen. Several cases and matters related to
disputed claims filed by it, also came to
surface. The aforesaid reports collected during
the course of investigation, are made part of the
chargesheet.
6. During the course of investigation, accused
Jagdish Chander failed to join the investigation
and after following the requisite procedure
provided under the law, he was ultimately
declared Absconder, vide order dated
-- 7 of 10 --
CC No.49/2023, FIR: 205/2013, PS: Parliament Street
Page 8 of 10
27.03.2018, passed by Ld. Predecessor of this
Court. Thereafter, an application seeking
cancellation/stay of proceedings under
S.82 Cr.PC moved by said accused, came to be
dismissed, vide order dated 08.04.2026,
passed by this Court.
7. In nutshell, it is the case of prosecution that the
present case relates to large scale financial
irregularities, misuse of official position,
cheating and criminal conspiracy involving
misappropriation of government funds through
fraudulent payments for non-existent events
and illegal appointments committed/ done at
India Tourism Office (ITO), London.
8. Further, extensive documentary and oral
evidence, including the complaints,
Departmental Enquiry papers, audit inspection
reports, bank records and correspondence
relating to various transactions were collected,
which clearly establish that there were multiple
fraudulent payments to fictitious or irregular
entities. Investigation also revealed that
co‑accused Vivek Angra was earlier posted as
Director, DTO, London for the period
2003‑2007 (on his deputation from Ministry of
Railways) and majority of particular agencies
and activities were promoted by him during
that period and subsequently after completion
-- 8 of 10 --
CC No.49/2023, FIR: 205/2013, PS: Parliament Street
Page 9 of 10
of his tenure, said co-accused resigned from the
government service. Further, complaints made
by local staff and witnesses, corroborate that
co‑accused Vivek Angra had misused his
position by indulging into irregular
employment and illegal financial dealings, in
support of which, the prosecution has filed
copy of complaints dated 04.11.2007,
09.09.2010 and 26.01.2011 filed by one
employee Mr. Lija Jose, who was employed in
the office of ITO, London, as also to one
similar complaint filed by one Mr. Rostan
Rodrigues on 15.05.2007, alleging therein that
office of ITO was hub of illegal activities.
9. It is further the case of prosecution that the
collected evidence clearly points out that
accused Jagdish Chander alongwith co‑accused
persons namely Vivek Angra and
Sanjay Sunder Mechery, had conspired together
and in pursuance of such conspiracy, accused
Vivek Angra had misused his public office by
appointing accused Sanjay Sunder Mechery to
non sanctioned post without following due
process and later on, accused Vivek Angra had
regularized accused Sanjay Sunder Mechery as
Accountant and they also fabricated documents,
released illegal payments and manipulated
accounts of ITO, London.
-- 9 of 10 --
CC No.49/2023, FIR: 205/2013, PS: Parliament Street
Page 10 of 10
10. It is also alleged that external audit report, internal
audit report and other enquiry reports, the
aforesaid complaints, statements u/s 161 Cr.P.C.
of witnesses recorded during investigation, clearly
indicate that the accused persons had conspired
together and in pursuance of such conspiracy,
they released illegal payments and manipulated
accounts of ITO, London.
11. Having heard the submissions made by Ld. PP for
State, duly assisted by IO, and after going through
the allegations contained in the chargesheet and
the material filed therewith, Court is of the
considered view that there exist sufficient material
disclosing commission of offences under S.13 of
PC Act & S.420/409/120-B IPC. Hence,
cognizance is taken in respect of the said offences.
12. As already mentioned above, accused Jagdish
Chander is already declared Absconder. It is
informed to the Court that further investigation
qua other accused persons, including Sanjay
Sunder Mechery and Vivek Angra, is still going
on in this case. In view thereof, put up on
24.08.2026 for consideration and for appropriate
directions.
(Vidya Prakash)
Special Judge (PC Act) (ACB)-01
Rouse Avenue Court Complex
New Delhi/07‑08‑2026(r)
-- 10 of 10 --