NEERAJ MAHAJAN Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) Vide the present petition, the petitioner seeks to set aside /Quash the Order and Judgment on charge dated 29.01.2019 and framing of charge and order dated 05.02.2019 passed by learned Special Judge CBI-011, Rohini Courts, Delhi, in CBI No. 52/2016 (old NO. 64/2008) Chander Lok CGHS Ltd.

(2.) Case of the petitioner is that after incorporation/registration of any CGHS, resignation by its members and joining of new members is permitted under law. No previous member has reported any illegality/ irregularity in the matter of their memberships. In any case any such irregularity in the matter of management of CGHS has to be dealt under the relevant provisions of the Delhi Co operative Societies Act and not under the penal provisions of any law.

(3.) Learned counsel on behalf of petitioner further submits that consequent to the amendment in the Prevention of Corruption Amendment Act, 2018(16 of 2018), dated 26.07.2018 vide SO 3664(E), 26.07.2018, Section 13(1)(d) of the Prevention of Corruption Act, 1988 has been omitted and nothing survives in the chargesheet.