DHARAM PAL Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) This revision petition has been filed against the order dated 21.09.2005 passed by the Special Judge, CBI, New Delhi whereby the closure report filed by the CBI was rejected and the accused persons, including the present petitioner, were directed to be summoned. By virtue of the impugned order, it was concluded that prima facie there was sufficient material collected by CBI showing the commission of offence by the accused persons, including the present petitioner under Section 120-B IPC read with Section 13 (1) (d) and 13 (2) of the Prevention of Corruption Act, 1988 as also under Section 120-B read with Section 409/420 IPC.

(2.) The learned counsel for the petitioner has narrated the facts of the case and he has taken me through the impugned order. Mr Tiwari, the learned counsel appearing for the CBI, was also heard. He submitted arguments in support of the closure report.

(3.) The impugned order reveals that the closure report was rejected on the ground that just because the accused, including the present petitioner, had retired and major penalties had been recommended against some of them, the case cannot be closed as this was no ground to accept the closure report. The exact words used by the learned Special Judge are as under:- Closure Report has been filed and it has been stated that P.N. Sharma the then Director Finance, MMTC Ltd. has since been dismissed from service pursuant to the Vigilance Inquiry. Shri Dharampal the then DGM (Agro) MMTC Ltd., has retired / superannuated. Shri J. Siva Subramanian the then General Manager (Agro) is presently posted as General Manager, General Trade II and regular departmental action for major penalty has been recommended against him and for all the aforestated reasons, the closure report be accepted. I am not inclined to accept this submission of CBI. The submission that P N Sharma has been dismissed from the service; Dharampal has retired and major penalty having been recommended against J. Siva Subramanian, case may stand closed, is no ground to accept the Closure Report. These submissions will not in any manner affect the merits of a criminal proceeding.