BHAVESH JAIN Vs. STATE OF U.P.

JUDGEMENT

(1.) The instant application moved under Sec. 482 Cr.P.C. is directed against the summoning order dtd. 9/9/2021 issued in Session Case No.752 of 2021 titled "C.B.I. Vs. Md. Azam Khan etc" under Ss. 201, 204, 420, 467, 468, 471, 120-B I.P.C. and Sec. 66 of the I.T Act, 2000 and all orders passed in furtherance whereof qua the applicant, "Bhavesh Jain" one of the accused charge sheeted in Case Crime No.2 of 2018 in Session Case No.752 of 2021 pending before the Special Court, Anti-Corruption, C.B.I. (Central), Lucknow.

(2.) It is stated in the application that the F.I.R. No.2 of 2018 was filed on 25/4/2018, alleging certain irregularities in recruitment of candidates to 1300 posts of the R.G.C.'s, J.E.'s, A.E.'s advertised by the U.P. Jal Nigam in the year 2016-2017. The said F.I.R. was filed against (i) Mr. Md. Azam Khan, the then Chairman, U.P. Jal Nigam; (ii) Mr. Syed Aafaak Ahmad, the then O.S.D; (iii) Mr. Prakash Singh, the then Secretary, Urban Development; (iv) Mr. P.K. Assudani, the then Managing Director, U.P. Jal Nigam Ltd; (v) Mr. Anil Kumar Khare, the then Chief Engineer, U.P. Jal Nigam; (vi) other officers of the U.P. Jal Nigam involved in the recruitment process. The allegation is, that the aforesaid accused persons conducted the selection without taking prior approval of the Board of Jal Nigam or the State Government causing a loss of Rs.37.5 Lacs to the State Exchequer and violate of rules and regulations of the Jal Nigam including the U.P. Water Supply and Sewerage Act, 1975. None of the allegations are attributable to the applicant nor he is alleged to be a beneficiary anyhow.

(3.) The company titled "Aptech" who was hired by the U.P. Jal Nigam under contract to organize and develop the infrastructure for conducting the Computer Based Test (C.B.T.) for short listing of the candidates, is also arraigned as accused in the F.I.R.