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2019 Supreme(Del) 1614
IN THE HIGH COURT OF DELHI
I.S. MEHTA, J.
Dr. Anbumani Ramadoss & Others – Appellants
Versus
Supdt. of Police, Central Bureau of Investigation, ACU.II, SPE, Delhi-1 & Others – Respondents
CRL.M.C. Nos. 4442, 5003, 5005, 5007 of 2015, 58 of 2017 & CRL. REV. P. No. 38 of 2016
Decided On : 29-07-2019
Mukul Gupta, N. Hariharan, Vikas Pahwa, Dayan Krishnan, Abhoy K. Singh, Sr. Advocates, Prasanta Varma, SPP, Vibhor Garg, Tushar Gupta, Sumit Kr. Mishra, Nitendra Kumar, Rakesh Samrendra, Aditya Vaibhav Singh, Rekha, Rebecca M. John, Rakesh Kumar Samrendra, Kushdeep Gaur, Sakshi Arora, Oorjasvi Goswami, Abdhesh Chaudhary, Manvi Priya, Narender Singh Bisht, Nishant Singh Bisht, Jugal Wadhwa, Rishabh Wadhwa, Raghav Goyal, Sanjeev Goyal, Amitesh, Advocates.
The court set aside the impugned Order on Charge and directed the Trial Court to hear the parties on merit afresh after supplying the copy of videography of the inspection carried out by MCI on 20.10.2008 to all the accused persons.
Headnote:
CBI filed chargesheet against accused persons for offences under Section 120B IPC read with Section 420/465/468/471 IPC and Section 13(2) read with Section 13(1)(d) of Prevention of Corruption Act. Ld. Special Judge took cognizance and framed charges against accused persons. Accused persons filed Quashing petitions under Section 482 Cr.P.C. and Criminal Revision petition under Section 397 Cr.P.C. filed by CBI against discharged accused persons. Accused persons argued lack of evidence against them. CBI argued evidence available on record. Court set aside the impugned Order on Charge dated 07.10.2015 and directed the Trial Court to hear the parties on merit afresh after supplying the copy of videography of the inspection carried out by MCI on 20.10.2008 to all the accused persons. Parties directed to appear before the concerned court on 19.08.2019. Court below directed to proceed the matter in accordance with law.
JUDGMENT :
1. Instant are Quashing petitions under Section 482 Cr.P.C. filed by accused persons Anbumani Ramadoss (Accused No. 1), K.V.S. Rao (Accused No. 2), Suresh Singh Bhadoria (Accused No. 6), Nitin Gothwal (Accused No. 9) and Dr. Pawan Bhambani (Accused No. 10) and Criminal Revision petition under Section 397 Cr.P.C. filed by CBI against accused persons Sudarshan Kumar (Accused No. 3), Dr. J. S. Dhupia (Accused No. 4), Dr. D. K. Gupta (Accused No. 5), S.K. Tongia (Accused No. 7) and Dr. K.K. Saxena (Accused No. 8). All these petitions are arising from impugned order dated 07.10.2015 in CBI Vs. Anbumani Ramadoss & Ors. vide CC No. 03/12 passed by Special Judge (P.C. ACT) CBI-01, Patiala House Court in FIR RC No. AC2-2010-A-0003/ACU-II, SPE/CBI/ND under Sections 120B, 420, 465, 468, 471 Indian Penal Code and Section 13(2) read with 13(1)(d) Prevention of Corruption Act. The said FIR was registered for taking action against all the 10 Accused persons and summoning them to face trial for the commission of the aforesaid offences.
2. Brief facts stated are CBI registered an FIR RC No. AC2-2010-A-0003/ACU-II, SPE/CBI/ND on following information:
"Reliable source information has been received that Index Medical College hospital Research Centre, Indore under the management of Mayank's Welfare Society, Indore, applied for permission regarding admission of 2nd batch of MBBS students for academic year 2008-09. But inspection by Inspectors of Medical Council of India (MCI), conducted on 8 & 9th May, 2008, observed certain deficiencies regarding shortage of teaching faculty. Thus MCI asked college to submit a compliance report. Accordingly college authorities submitted compliance report claiming rectification of deficiencies. But in another inspection conducted on 27.5.2008, MCI team again found certain deficiencies which had been claimed to be rectified. Thereafter, another compliance verification inspection was carried out by the MCI Inspectors on 19.8.2008, in which again deficiencies were observed.
On 25.8.2008, in the meeting of the Executive Committee of MCI, including the adhoc members of the council appointed by Hon'ble Supreme Court of India, it was decided to recommend to Ministry of Health and Family Welfare not to renew the permission for admission of 2d batch of MBBS students for the academic year 2008-09 at Index Medical College Hospital & Research Centre Indore due to deficiencies observed during various inspections.
Subsequently during the hearing on 26.09.2008 of WP (C) 420 of 2008 (Mayank's Welfare Society & Ors Vs UOL & Ors) in Hon'ble Supreme Court, it was stated on behalf of Union of India that the percentage of teaching staff in various departments and other facilities of the said college were inadequate and the petitioner institution can not be given permission. Therefore, the Writ petition was disposed off without prejudice to the right of the college to continue to get permission in next calendar year.
However, contrary to the orders of Hon'ble Supreme Court, 26.09.2008 itself Ministry of Health and Family Welfare, Government of India granted permission to Index Medical College and Research Center on the basis of an Inspection Report dated 25.09.2008 of the Central Team consisting of Dr. DK Gupta Specialist Gr.I and HOD Hematology, Safdarjung Hospital and Dr. J.S. Dhupia, Professor Consultant and HoD (Pathology). Vardhman Medical College, Delhi. This team claimed in their report that the signatures of the entire teaching faculty including Residents were taken to confirm the staff position.
It is also reliably learnt that on 01.10.2008, just after 6 days of the inspection by the Central team, another inspection by MCI team was conducted at Index Medical College and Research Centre. In this inspection it was observed that clinical material was grossly inadequate, bed occupancy shortage was 27.71 %, teaching faculty shortage was 65.11% and Residents shortage was 32.89%.
Thereafter, Secretary, MCI vide letter No. MCI-34(4
