VIJAY SHANKAR DUBEY Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) Heard learned counsel for the petitioner, C.B.I. and the Amicus Curie.

(2.) Petitioner has assailed the order dated 5th March 2018 arraigning him as an accused in exercise of powers under Section 319 Cr.P.C. passed by learned court of Special Judge-VII, CBI (AHD Scam), Ranchi in R.C. No.38(A)/1996 (Pat.). For better appreciation the relevant part of the impugned order dated 5th March 2018 so far as it relates to the present petitioner are being quoted hereunder :-

(3.) Learned counsel for the petitioner has urged both factual and legal grounds in support of the challenge. Briefly stated it is the case of the petitioner that the learned trial court had no material evidence on record to arraign the petitioner neither was such a case set up by the CBI. Petitioner was the Finance Secretary of the Government of Bihar during the period 27th July 1995 to 17th June 1998. It was he who on noticing the fraudulent withdrawal from a period starting from 1988-89 under A.H.D., directed through FAX message dated 19th January 1996 to all the District Magistrates to furnish all details of drawls bill wise, minor head and unit wise from the Animal Husbandry Department from the months of November 1995 to December 1995. It is only because of his action that AHD scam got exposed. Learned CBI Court has proceeded to take cognizance under the offences of Indian Penal Code as well as Prevention of Corruption Act against him and erroneously held that no sanction for prosecution is required as he has already superannuated from service though such requirement is mandatory for proceeding under the offences of I.P.C. even if the officer has retired. No show-cause was issued to the petitioner before arraigning him as an accused in teeth of the judgment of the Apex Court in the case of Jogendra Yadav & Ors. Vs. State of Bihar, 2015 9 SCC 244.