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2015 Supreme(Bom) 1889
IN THE HIGH COURT OF BOMBAY AT GOA
F. M. REIS & K. L. WADANE, JJ.
Dr. Dhananjai Kumar Pandey – Petitioner
Versus
Central Bureau of Investigation/ Anti Corruption Bureau – Respondent
CRIMINAL WRIT PETITION NO. 112 OF 2014
Decided On : 29.10.2015
Mr. Rohit Bras De Sa, Advocate for the petitioner.
Mr. J. Vaz, Special Public Prosecutor for the respondent.
The power to quash a criminal proceeding should be exercised sparingly and with circumspection, and specific allegations of cheating or corruption are necessary to establish criminal liability.
Headnote:
Quash Petition - Alleged Recruitment Scam - Indian Penal Code, Section 420 r/w 120-B, Prevention of Corruption Act, 1988, Section 13(2) r/w 13(1)(d) - Section 420, Section 13(2), Section 13(1)(d)
Fact of the Case:
The petitioner, a scientist, sought to quash a First Information Report (FIR) alleging a recruitment scam involving illegal appointments and favoritism in the National Centre for Antarctic and Ocean Research (NCAOR) Goa.
Finding of the Court:
The court found that the allegations in the FIR did not prima facie constitute an offence under the Indian Penal Code or the Prevention of Corruption Act. It emphasized that the power to quash a criminal proceeding should be exercised sparingly and with circumspection.
Issues: The issues revolved around the legality of the appointments, the application of the Prevention of Corruption Act, and the court's power to quash the FIR.
Ratio Decidendi: The court held that the allegations in the FIR did not satisfy the essential elements of the offences under the Indian Penal Code and the Prevention of Corruption Act. It emphasized the need for a specific allegation of cheating or corruption to establish criminal liability.
Final Decision: The court allowed the petition, quashed the FIR, and set aside the allegations against the petitioner.
K. L. Wadane, J.
The present petition is filed by the petitioner seeking to quash and set aside the First Information Report bearing CrimeNo.RC/6(A)/2014/CBI/ACB/GOA dated 5.8.2014 registered by the CBI/ACB Goa under Section 420 r/w 120-B of Indian Penal Code and Section 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988.
2. The brief facts of the case may be stated as follows :
The petitioner and his wife Dr. Anju Pandey are the Scientists at the National Centre for Antarctic and Ocean Research (NCAOR) Goa, an Autonomous Research Institute under the Ministry of Earth Sciences (MOES), Government of India. On 05.8.2014, Mr. V. Ashok Kumar, Additional Superintendent of Police incharge Head of Branch CBI/ACB/Goa, lodged a complaint against the present petitioner and the other accused persons for the offence as referred above.
3. We have perused the contents of the First Information Report. In short the allegations are as follows :
(1) In the year 2002, the accused nos.1 to 4 entered into criminal conspiracy by abusing their official positions as public servants, recruited accused no.5 Dr. Dhananjay Kumar Pandey (petitioner) as Scientist “C” in NCAOR, by grossly violating and flouting the laid down procedures and thereby shown undue favour to the petitioner who is reported to be closely associated/related with accused no.1 Dr. P. C. Pandey.
(2) The appointment of the accused no.5/present petitioner was done illegally without following the prescribed procedure and he was not possessing the required essential experience. The essential qualification and experience was a Master Degree with four years experience in teaching.
(3) On 7th and 8th October, 2002, the selection committee headed by the accused nos. 1, 2 and 4, the present petitioner was selected by overlooking other suitable/eligible candidates who were having experience of more than four years whereas the present petitioner was not having the required essential experience as he was doing his Ph.D at U.K. at the relevant point of time.
4. Even as per the claim of the petitioner he was only having one year and nine months work experience as Junior Research Fellow with Department of Geo Physics with Banaras Hindu University, Varanasi, and even he has not produced the work experience certificate.
5. The selection committee overlooked this aspect with dishonest and fraudulent intention to select the present petitioner. The petitioner was further shown undue favour by extending his joining period by six months for enabling him to complete his Ph.D.
6. In the year 2004, the petitioner by abusing his official position in collusion with other accused persons had even got his wife Dr. Anju Pandey, illegally recruited as Scientist on contract basis in NCAOR and finally got her posted as Scientist in the year 2012 without having prescribed educational qualifications and work experience.
7. The forged and bogus work experience certificate of Dr. Anju Pandey were also used during her selection process and inspite of that she was selected in NCAOR by showing undue favour to her. The conspiracy in this recruitment scam continued even after the retirement of Dr. P. C. Pandey/accused no.1.
8. In the year 2005-2006, accused nos.2 to 4 and accused no.7 by abusing their official positions, selected accused no.6 Dr. N. Anil Kumar though he was not having prescribed/required qualification and work experience. It is further alleged that a different yardsticks were followed by the accused persons in short listing the candidates by second screening committee members comprising of accused no.2 and accused no.7.
9. It is further alleged that the several other candidates were also illegally posted as Scientists in different grades in NCAOR during the above said period and selection of the Scientists at regular interval continuously from the period of 2002 onwards, leads to a recruitment scam in NCAOR Goa. Thus, according to the complainant the accused persons have committed the offence as referre
