A.N. PRASAD Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) Petition under Sec. 482 of the Code of Criminal Procedure, 1973 (,,Cr.P.C hereinafter) has been filed on behalf of the Petitioner for setting aside the Order dtd. 27/11/2020 vide which the Closure Report filed by the Respondent- CBI in FIR RC-DAI-2019-A0022, under Sec. 120 B read with Ss. 7/12/13(2) and 13(1)(d) of Prevention of Corruption Act, 1988 has been rejected and Order dtd. 15/2/2021 vide which he has been summoned.

(2.) The brief background, as spelt out by the Petitioner is that upon his selection by UPSC in February, 2017, he joined Employees State Insurance Corporation (henceforth referred to as "ESIC") as Deputy Director and was promoted to the post of Joint Director in March, 2008. He performed all his duties and responsibilities with full devotion and commitment and his ACR/APAR has always been above the zone of consideration and he had received commendations for his work as well.

(3.) Procurement Demand of 10 Racks: On 25/8/2017, requisition of 10 Racks was made by the Medical Record Officer- Prem Raj to the Medical Superintendent, ESIC Hospital, Basaidarapur. On 30/8/2017, the Assistant Director-Narendra Dahiya, issued a direction to Non-Medical Store for procurement of the Racks on urgent basis. The concerned Dealing Assistant- Jagdish Prasad proposed that a Purchase Committee may be constituted and put the said requisition for approval/order of the Medical Superintendent and submitted for its procurement, which was approved by the Medical Superintendent- Dr. S.K. Raju on 6/9/2017 who constituted a Purchase Committee and nominated three Members, namely, Dr. Rajpal, In-charge Hospital Store; Mr. Narender Dahiya, Assistant Director and Mr. Vijay Kumar, Deputy Director, Finance. The Committee submitted its Report 11/9/2017 and recommended purchase of Racks from M/s Vansh Industries, which travelled from Dealing Assistant to Assistant Director to the Petitioner(Joint Director) and then to the Medical Superintendent, who approved it on 12/9/2017.