BINOD GIRI Vs. CBI

JUDGEMENT

(1.) The aforesaid two Petitions have been filed by the two Petitioners, Binod Giri and Asif Ibrahim Dadarkar, the two accused in RC No.1(A) 2016-ACIII under Ss. 120-B IPC and Ss. 7, 12, 13 (1) (a), 13 (2) r/w 13 (1) (d) of PC Act, 1988 against the Order on Charge dtd. 30/4/2019 consequent to which the Charges under Sec. 120-B IPC and Ss. 7, 12, 13 (1) (a), 13 (2) r/w 13 (1) (d) of PC Act, 1988 were framed.

(2.) Briefly stated, Petitioner/Binod Giri while working as Upper Division Clerk (UDC), CBI Vigilance Cell, CBI Headquarter, New Delhi, was marked the Vigilance Clearance References received from Ministry of Home Affairs by Ginni Rana, Deputy SP and Inspector Anil Bisht, for compliance. At times, Binod Kumar Giri used to also deal with the References received from the Reserve Bank of India (RBI). His duty entailed making the list of Companies and its Promoters for seeking requisite Vigilance clearances from all the branches of CBI, CBI Command Centre and CBI Special Units and to verify whether there was any adverse information against these Companies and their Promotors. After collecting such information, they were put in a Note Sheet by Binod Kumar Giri before Inspector Anil Bisht who would then forward the file to the Senior officers for approval from the Competent Authority. Thereafter, the Report/Reply was sent to Ministry of Home Affairs, New Delhi.

(3.) According to the prosecution, source information was received that Binod Kumar Giri was indulging in undesirable and illegal activities of contacting the CMDs/MDs of the concerned Companies/Entities whose clearance was sought by the Ministry and other authoritiesand inform them about the pending Clearances and demand illegal gratifications for processing the matter and to give a positive Clearance Report.