MANOJ KUMAR AGARWAL Vs. CBI

JUDGEMENT

(1.) By the present petition filed under Article 226 read with Article 227 of the Constitution of India, the petitioner seeks a direction to quash RC No. 6(A)/2009 dated 15.12.2009 entitled "CBI v. Manoj Kumar Agarwal" under section 109 IPC and section 13(2) read with section 13(1)(e) of the Prevention of Corruption Act, 1988 and all the acts and proceedings emanating therefrom.

(2.) The brief facts of the case are that the petitioner joined government service as an IAS Probationer on 20.08.1990 and was allotted West Bengal cadre. The Petitioner continued to serve in West Bengal at different positions till 02.10.2003. Thereafter, the Petitioner was selected for central deputation on 03.10.2003 as Deputy Secretary in the Ministry of Personnel, Public Grievances and Pensions. Subsequently from 01.10.2009 till 04.06.2010, the petitioner was posted as Commissioner (L&D) in the Delhi Development Authority by the Central Government. Upon the expiry of his central deputation, the Petitioner rejoined the State of West Bengal and at the time of filing of the present petition, he was posted as Secretary, North Bengal Development Authority with additional charge of MD, West Bengal Highway Development Corporation.

(3.) At the time when the petitioner was posted as Deputy Secretary, DoPT, a complaint was filed against him to the Central Vigilance Commission on 23.10.2006 alleging acquisition of disproportionate assets by the Petitioner and his wife. The Petitioner was called upon by the DoPT to file his response which was duly filed on 03.09.2007 explaining all his assets and eventually the complaint was closed in February, 2009 with no adverse remarks against the Petitioner; as has been stated by the Petitioner before the Court.