AJAY KUMAR GEHLOT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS criminal misc. petition under section 482 CrPC has been filed by the petitioner while challenging the order dated 31.10.2013 passed by the Sessions Judge, Prevention of Corruption Act, Bikaner (for short the trial court' hereinafter) in Complaint No.55/2012 Ambuj vs. Dr. A.K.Gehlot.

(2.) THE respondent No.2 Ambuj Kumar Sharma filed a complaint before the trial court against the petitioner and some other persons, inter alia, alleging therein that the accused, under the garb of RPMT/PVT Counseling, 2010, organized a camp at J.L.N. Medical College, Ajmer for admission in Veterinary College, Jodhpur and selected 14 students, whereas the Indian Council of Veterinary Science did not grant any permission for such admission. It was alleged that despite having no permission for such admission, the accused have granted the admissions. It was further alleged that thereafter such students were granted admission in Veterinary College, Bikaner. It was also alleged that the accused Nos.1 to 3 also granted permission to change option for pension purposes to Dr. R.K. Tanwar and seven other persons, which was not permissible, thereby causing loss of lacs of rupees to the Government. It was also alleged that in the garb of improving the breed of cows in village Chandan, the accused persons spent a sum of Rs.5 crore and 74 lacs, but only paper work was done and the accused persons misappropriated a sum of Rs.5 crore. It was also alleged that the contractual employees were kept by the accused persons without any advertisement and if the employees would have been selected after due advertisement, the employees at lesser rate would have become available. It was also alleged that the accused persons sanctioned the extraordinary leave for six employees, who were working in foreign countries and granted undue benefit of pension, promotion and increments causing loss of about Rs.1 crore. It was further alleged that in the marriage of daughter of Dr. G.S.Manohar, liquor was offered to the gurests on 18.1.2012 to 19.1.2012, whereas as per the Excise Policy, 2011 -2012, the liquor cannot be served in any function organized in Government Educational Institutions. The learned trial court, vide order dated 10.05.2012, forwarded the said complaint to the Anti Corruption Bureau, Bikaner with a direction that if a case is made out, then a regular FIR be registered.

(3.) THE Investigating Officer, after concluding the investigation, has submitted a report in the trial court with a finding that no offence is made out against the accused - persons.