'Custodial Inquiry Required To Unearth Scam', P&H High Court Refuses Anticipatory Bail To NCERT HOD Accused Of Demanding Bribe For Giving Book Supply Contract

The Punjab & Haryana High Court has refused to grant anticipatory bail to Head Of Division of Educational Kits, National Council of Educational Research and Training (NCERT) accused of demanding illegal gratification from a bidder for processing bills and renewing contract for supplying educational kits.

Justice Anoop Chitkara said, "the petitioner's custodial interrogation is required to find out the involvement of other officials of NCERT and to unearth the scam of corruption going on in NCERT, where these officials take money even from the book supplier for supply of books to young school- going children."

Court observed that the officials of NCERT had sent a foreman Neeraj Sharma, who was allegedly operating as the petitioner's tout, money, which was one percent of the contract amount.

It noted that the petitioner and his accomplice intentionally delayed the release of the contract amount by 3-4 months when they did not get the bribe money.

The petitioner Dr. Vijay Pal Singh, Head Of Division of Educational Kits, NCERT is booked under Sections 384, 420, 120-B IPC and Sections 7 & 13(1) of the Prevention of Corruption Act 1988 for allegedly demanding a bribe from a "successful bidder" for processing bills and renewing contracts for the supply of science and educational kits to educational institutions.

The senior counsel for the petitioner argued that the bills were delayed because of the non-payment of taxes [GST] by the complainant's company, and no officials of NCERT delayed the same. The petitioner further submitted that he has a clean record, has worked honestly and sincerely, and is now being falsely roped in this case.

Considering the submissions, the Court noted that the investigator had got prima facie evidence that Neeraj Sharma (alleged tout of the petitioner) demanded Rs.5 lacs from the complainant in the form of gratification. The perusal of the FIR, clearly mentions demand of bribe and the plight of the complainant, it added.

It was submitted that the investigator had collected evidence that corroborated the presence of Neeraj at Ambala and has also collected evidence that corroborates the delay in payment.

On the argument that the delay was caused because of the non-payment of GST, the Court said it is "an afterthought by the petitioner-Vijay Pal Singh, it does not eclipse the specific allegations of demand made by Neeraj Sharma (alleged tout of the petitioner), which have been found truthful in the investigation."

Adding that it is not a case for anticipatory bail, Justice Chitkara opined that the petitioner's custodial interrogation was required to find out the involvement of other officials of NCERT and to unearth the scam of corruption going on in NCERT, where officials were taking money even from the book supplier for supply of books to young school- going children.

Consequently, the relief was denied.

Appearance: R.S. Rai, Sr. Advocate with Anurag Arora, Advocate for the petitioner.

Shubhra Singh, Addl. AG, Haryana.

Narender Pal Bhardwaj, Advocate for the complainant.

Citation: 2024 LiveLaw (PH) 26

Case Title: Vijay Pal Singh v. State of Haryana