JAGBIR SINGH Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) Jagbir Singh, the appellant has been convicted by judgment dated 05.08.2015 passed by the learned Special Judge (P.C. Act) and CBI-03, South-West District Dwarka Courts, New Delhi in CBI Case 5/2012 (RC No.S19 2006 E 0005) for the offences under Sections 218 and 417 IPC and Section 13(2) read with Section 13(1)(d) of the P.C Act, 1988. By order dated 11.08.2015, he has been sentenced to undergo RI for one year, to pay a fine of Rs. 25,000/- and in default of payment of fine, to suffer SI for one month for the offence under Section 218 IPC; RI for six months, a fine of Rs. 25,000/- and in default of payment of fine to undergo SI for one month for the offence under Section 417 IPC; and RI for one year and six months, fine of Rs. 50,000/- and in default of payment of fine, to undergo SI for two months for the offence under Section 13(2) read with Section 13(1)(d) of the P.C Act, 1988.

(2.) A bench of Delhi High Court on 20.04.2006 passed an order in W.P(Crl) No.4582/2003 (Kalyan Sansthan Social Welfare Association v. Union of India and Ors) directing the CBI to register a preliminary enquiry against such engineers and officials of the MCD, who by their negligence, apathy and connivance had caused large scale unauthorized construction and further directed to probe their nexus with their seniors in the engineering department, builders as well as political leaders (bosses). The Court had directed that the enquiry be conducted by a task force headed by a person not below the rank of a Joint Director.

(3.) Pursuant to the aforesaid order of the Delhi High Court, referred to above, a preliminary enquiry No.2/2006 EOW-VII was registered on 10.05.2006 against one R.P. Dabas, the then Executive Engineer (Building), MCD, Najafgarh Zone, New Delhi. Thereafter FIR/RC No.S19 2006 E0005 dated 27.07.2006 was registered under Sections 120B/193 IPC and Section 13(2) read with Section 13(1)(d) of the P.C. Act, 1988 against R.P. Dabas, Jagbir Singh (the appellant) who at the relevant time was junior Engineer (Building), MCD, Najafgarh zone, New Delhi and M/s Uppal Orchid Hotel, Samalkha.