DEVENDRA MOHAN Vs. C.B.I/ NEW DELHI

JUDGEMENT

(1.) Principles of public life are of general application in every democracy and one is expected to bear them in mind while scrutinising the conduct of every holder of a public office. It is trite that the holders of public offices are entrusted with certain powers to be exercised in public interest alone and, therefore, the office is held by them in trust for the people. Any deviation, from the path of rectitude by any of them amounts to a breach of trust and must be severely dealt with instead of being pushed under the carpet. Facts of this case are some how similar where an effort was made to push the matter under the carpet. Therefore, through an intervention of this Court in Writ Petition No. 3611 (MB) of 2011 [P.I.L] Sachchidanand (Sachchey) versus State of U.P. and others connected with other matters, Central Bureau of Investigation (hereinafter referred to as 'the CBI') was directed to hold preliminary enquiry in the matter concerning implementation of the National Rural Health Mission (NRHM) in the State of Uttar Pradesh. Gross abuse and misappropriation of NRHM funds by the State functionaries in a planned and concerted manner was alleged in the petition filed before this Court. This court in its order dated 15.11.2011 issued the following direction as under:-

(2.) In view of above direction issued by this Court FIRs were registered and the preliminary enquiry was conducted by the CBI. After conclusion of the preliminary inquiry prima facie involvement of the accused in the crime was established as a result of which investigation was proceeded with. On the conclusion of the investigation various charge sheets have been filed before the CBI Court at Ghaziabad. Taking cognizance in the matter process has been issued to summon the accused persons. These summoning orders are subject matter of challenge before this Court. Following are the details of the applications u/s 482 Cr.P.C., questioning the various charge sheet, filed by the accused persons before this Court. Three charge sheets have been filed bearing No. RC 220-2012 E0001, RC 220-2012,E0002 and RC 220-2012 E 0003. The said charge sheets have been questioned in this Court, details of which are given herein below:-

(3.) It is also important to mention that in the charge sheet RC 220-2012 E0001 and RC 220-2012 E0002 Girish Malik, Manvendra Chaddha, Ramesh Tandon, Abdul Mateen, S.B. Pandey, Masood Ul Hasan and M. K. Jain were initially arrayed as accused in the FIR have been named as witnesses by prosecution.