NEERA YADAV Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) The appeal has been filed against the judgment and order dated 20.11.2012 passed by Special Judge, Ante -Corruption (CBI), Ghaziabad in Special Case No. 28 of 2002 CBI v/s. Smt. Neera Yadav arising out of Case Crime No. R.C. No. 3(A)/98ACU -VII, Police Station CBI/ACU -7, New Delhi under Sec. 13(1)(d) read with Sec. 13(2) Prevention of Corruption Act, 1988 (hereinafter referred to as PC Act) district Ghaziabad convicting the appellant for offences under Sec. 13(1)(d) read with Sec. 13(2) PC Act and sentencing her with rigorous imprisonment for a period of 3 years and fine of Rs. 1.00 lakh and in case of default in payment of fine with simple imprisonment for an additional period of four months.

(2.) The relevant brief facts of the case are that in furtherance of order dated 20.1.1998 passed by the Hon'ble Apex Court, F.I.R. was lodged by Central Bureau of Investigation on 26.2.1998 at Case Crime No. R.C. No. 3(A)/98ACU -VIII, with the averments that Smt. Neera Yadav, IAS 1971 batch was Chairperson/Chief Executive Officer (hereinafter referred to as CCEO) of New Okhla Industrial Development Authority (hereinafter referred to as Noida) w.e.f. 10.1.1994 to 8.11.1995 and she committed a crime under Sec. 13(1)(d) read with Sec. 13(2) PC Act by committing following acts of commission and omission in the matters of allotments, conversion and regularization of several residential/commercial plots in her name in the name of her daughters amongst others in criminal conspiracy with the Officers of Noida that: - -

(3.) That in this manner Smt. Neera Yadav in her capacity as CCEO of Noida, being a public servant in -conspiracy with some other officers of Noida as well as certain private persons, by use of corrupt and illegal means and by abusing her position, as public servant without protecting the public interests obtained valuable things and pecuniary advantages to herself, caused such benefits to others and caused loss to Noida and by her actions, the Government, has been cheated and the facts disclose commission of offences by her with other punishable under Sec. 120B read with Sec. 420 IPC and Sec. 13(1)(d) read with Sec. 13 (2) of Prevention and Corruption Act, 1988 (hereinafter referred as "P.C. Act").