2025 Supreme(Online)(Jhk) 3843
HIGH COURT OF JHARKHAND
DR PRADEEP KUMAR SINGH – Appellant
Versus
THE CENTRAL BUREAU OF INVESTIGATION THROUGH THE SUPERINTENDENT OF POLICE DHANBAD – Respondent
A.B.A. 2545 / 2025
IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 2545 of 2025 Dr Pradeep Kumar Singh, Aged about 60 Years, Son of Late Sukhdeo Singh, Aadhar-728007054459, Mobile no-9431124155 by faith Hindu, Category- General, presently Resident of Flat No 602, Sundram Apartment, Dhirendrapuram, Dhaiya, P.O., P.S. and District-Dhanbad, Jharkhand, 826001 and permanent resident of Village and P.O.-Chhata, P.S.- Basudih Road, Dist.-Ballia, U.P.277210.
..... … Petitioner Versus The Central Bureau of Investigation through the Superintendent of Police, Dhanbad, P.O., P.S. and District-Dhanbad.
..... … Opposite Party --------
CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------
For the Petitioner : Mr. Rupesh Singh, Advocate.
: Mr. Harshit Sahay, Advocate.
: Mr. Jagdeesh, Advocate.
For the CBI : Mr. Deepak Kumar Bharti, Advocate.
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12/ 19.11.2025 Heard Mr. Rupesh Singh, learned counsel for the petitioner and Mr. Deepak Kumar Bharti, learned counsel appearing for the CBI.
2. The petitioner is apprehending his arrest in connection with CBI/SPE/ACB Dhanbad FIR No. RC 4(A)/2023D, registered for the offences under Sections 102-B and 420 of the Indian Penal Code and Section 13(2) read with Section 13(1)(d) of Prevention of Corruption Act and Section 13(2) read with Section 13(1)(a) of Prevention of Corruption Act, 1988 as amended in 2018, pending in the court of learned ADJ-III-cum-Special Judge, CBI, Dhanbad.
3. Learned counsel appearing for the petitioner submits that the petitioner was posted as Director, Council of Scientific and Industrial Research-Central Institute of Mining and Fuel Research [CSIR-CIMFR] from 08.12.2015 to 07.12.2021. He submits that the petitioner retired on 31.12.2022 on attaining the age of superannuation as Chief Scientist and Head of Research Group, Rock Excavation Engineering. He also submits that during his tenure, CIMFR, Dhanbad has awarded the prestigious CSIR Technology awards for the years 2017, 2018 and 2019. He then submits that the CSIR guidelines for Technology Transfer and Utilization of Knowledgebase-2017 deals with distribution of honorarium from licensing of intellectual property and knowledgebase consultancy and fee from sponsored research projects / schemes as well as the contract research and development projects and scientific and technology projects. He refers to Chapers-7 and 8, which deals with sharing of monies realized with staff and pattern of distribution.
4. Learned counsel appearing for the petitioner draws the attention of the court towards Page-299 of the petition, which is the MoU and submits that the effective date, duration and termination of the MoU is governed by S.8.1. which shall be valid w.e.f. 1st January, 2016 or the date of signing of MoU as the case may be and shall remain in force for the period of ten years with a provision to extend for another five years.
5. By way of referring the Management council Arrangement, which is Clause-65 of Memorandum of Association Rules and Regulations and Bye-Laws (Page-90 of the petition), he submits that how the management council has to be formed that has been disclosed therein. He submits that the petitioner happened to be the Director, the Members prescribed at (ii) to (vi) were required to be nominated by the Director General, CSIR. He further submits that the petitioner happened to be the only Director of National Laboratory and functions as a Chairman. He then submits that the decision was taken on 12.3.2021 to disburse the honorarium in favour of the beneficiaries, who participated in one or the other projects. He then submits that in light of the decision, on 25.03.2021, the disbursement of the honorarium has been made to all the beneficiaries and staffs. According to him, the Management Council consists of seven persons, however, the FIR has been registered against two persons i.e. petitioner and one Ashok Kumar Singh. By way of referring Clause-67 of the Memorandum of Association Rules and Regulations and Bye-Laws he submits that the procee