RAJNISH B. BHATIA Vs. CBI AND ORS.

JUDGEMENT

(1.) THE petitioner challenges the order dated 12.2.2015 passed by learned Special Judge, CBI -05, Patiala House Courts, New Delhi in CC No. 56/2012 and CC No. 2/2013 whereby joint trial of the aforesaid two separate cases have been ordered by taking resort to Section 219 of the Code of Criminal Procedure. By the same order, the Court below has directed the recording of prosecution witnesses of CC No. 2/2013 in CC No. 56/2012.

(2.) ON 20.4.2012, CBI registered an FIR vide RC No. 221/2012/E006 alleging leakage of the technical General Paper CPLT/ATPLT (Paper -I) of Pilot License Examination, January -2012, which was conducted at various examination centres throughout the country on 15th March, 2012. It was alleged in the aforesaid FIR, that before commencement of examination, the Chief Examination Officer (hereinafter 'CEO' for short) received a telephonic information that the technical general question paper has been leaked. On being asked to name and disclose the identity, the Secret Informer told that he had received such question paper through an email on 14.3.2012 in the night. The aforesaid informer was asked to forward the email along with the question paper on the email address of the CEO. Eleven pages of the question paper were forwarded to the CEO.

(3.) A re -examination was conducted on 10.4.2012 on the same centres and the result disclosed that out of 48 candidates who had scored 88% marks, only 10 candidates had cleared the re -examination. 10 candidates who had scored more than 90% marks in the previous examination remained absent in the re -examination and 20 candidates who had secured above 90% marks, failed in the re -examination. In the meantime an anonymous complaint also was received by the vigilance department wherein it was alleged that one Shailender Pal Singh who worked with Air India was the main person involved in the leakage of question papers. The facts stated above revealed commission of offence punishable under Section 120B read with Section 420 of IPC and Section 13(2) read with Section 13(1)(d) of the P.C. Act, 1988 against Shailender Pal Singh, an employee of Air India and a resident of Uttar Pradesh.