UP Jal Nigam Recruitment Scam | Allahabad HC Quashes Criminal Proceedings Against SP Leader Azam Khan's Co-Accused

The Bench of Justice Vikas Kunvar Srivastav noted that the complaint and the charge sheet submitted against the accused, a software engineer, did not disclose the commission of any cognizable offence under the relevant sections of the I.P.C.

It may be noted that Jain was booked under Sections 201, 204, 420, 467, 468, 471, 120-B I.P.C. and Section 66 of the I.T Act, 2000.

However, it was his plea that his role was confined to programming, Software, and website development, which are purely technical in nature, and he had no role in setting the question papers, tabulation of scores, preparation of merit list, etc.

In view of this, he sought to set aside the summoning order passed by the Special Court, Anti-corruption, Central Bureau of Investigation, Central, Lucknow, and all the orders passed in furtherance whereof and the entire subsequent proceedings against him.

The case in brief

The case against Jain contained allegations of certain irregularities in the recruitment of candidates to 1300 posts of the R.G.C.'s, J.E.'s, A.E.'s advertised by the U.P. Jal Nigam in the year 2016-2017.

As per the case of the prosecution, the investigation in the alleged Recruitment scam was handed over to the Special Investigation Team on a complaint filed regarding alleged irregularities in the appointments to 1,300 vacant posts in the Jal Nigam in the year 2016.

Allegedly, the Chairman of the Jal Nigam (the then Minister Azam Khan) and others had unauthorizedly approved the proposal of the Managing Director and the Officer-on-Special Duty for conducting the examination of Assistant Engineer and Junior Engineer and for conducting the examination of Clerks and Stenographers through M/s Aptech Ltd, Mumbai without the recommendation of Jal Nigam Board.

The allegation is that the accused had conducted the selection without taking prior approval of the Board of Jal Nigam or the State Government causing a loss of Rs.37.5 Lacs to the State Exchequer and violating of rules and regulations of the Jal Nigam including the U.P. Water Supply and Sewerage Act, 1975.

When the BJP government came to power in Uttar Pradesh in March 2017, an inquiry was ordered into the matter and 122 recruited engineers were also dismissed from service.

A First Information Report [FIR] was registered in the case in the year 2018 under Sections 409, 420, 120-B, 201 I.P.C., and Section 13 (1) of the Prevention of Corruption Act against Azam Khan and co-accused persons on the allegations of irregular recruitment/appointment.

Court's observations

The Court noted that the applicant, Jain was a mid-level employee of the Aptech group which was hired by U.P. Jal Nigam for the limited purpose of organizing the infrastructure for conducting the Computer Based Test (C.B.T) for the recruitment under the contract executed between U.P. Jal Nigam and Aptech.

The Court further observed that the Aptech's role was limited to facilitating the qualifying examination (C.B.T) and providing the necessary I.T. infrastructure and software solution for the same. It had no role in the actual selection of the candidates.

"The role and responsibility with which the present accused applicant is entrusted has nowhere his access to the primary datas filled in the prescribed fields of the website, therefore, in the absence of a culpable role no offence under Section 420 I.P.C. said to have been made out," the Court observed.

Further, the Court said that in the instant case, there was no material to indicate that Jain had any malafide intention against the U.P. Jal Nigam or the candidates appearing in the C.B.T. or against the unsuccessful candidates who appeared in the C.B.T. and some malafide intention or undue favor with regard to the some illegal.

"There is no further evidence as to any other acts assigned to or done by the present accused-applicant, "Bhavesh Jain" except the development of software and handing over them to the other responsible employees of Aptech company…Even prima facie evidence also is not on record against the present accused-applicant with regard to his access in any capacity to the website for making relevant entries or deleting the primary datas filled by other responsible employees in the prescribed fields of the website developed by him," the Court noted.

In view of the above facts and discussions, the Court added, the impugned summoning order dated 9.9.2021 passed by the learned Special Court, Anti-corruption, C.B.I. Central, Lucknow is set aside to the extent of the applicant "Bhavesh Jain".

Further, the Court quashed all the orders passed in furtherance whereof and the entire subsequent proceedings in Sessions Case under Sections 201, 204, 420, 467, 468, 471, 120-B I.P.C. and Section 66 of the I.T Act, 2000 against Jain.

Appearances

Counsel for Applicant :- Satish Chandra Mishra, Neha Rashmi and Gantavya.

Counsel for opposite party :- Santosh Kumar Mishra (A.G.A.)

Case title - Bhavesh Jain v. State Of U.P. Thru. Prin. Secy. Lko.

Citation: 2022 LiveLaw (AB) 279

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