New Delhi, May 7 (PTI) A special CBI court here has upheld framing of charges against a former official of the Narcotics Control Bureau accused of cheating the bureau by availing subsistence allowance during his suspension period despite being employed in three private companies.
Special Judge Atul Krishna Agrawal was hearing the revision plea filed by the former superintendent, Ravi Kumar Rana, against the order of February this year of the magisterial court directing framing of charges under IPC Sections 420 (cheating), 471 (using as genuine a forged document) and 168 (public servant unlawfully engaging in trade).
The NCB, in its complaint, said that Rana was suspended on May 17, 2015, and after completion of the departmental enquiry, he was compulsorily retired on July 13, 2019.
But, during the suspension period, during which he availed a subsistence allowance, the accused official was employed with Leela Ambience, Gurugram, HP India and Uber India Systems Pvt Ltd, the complaint said.
It said that to get employment at HP India, Rana submitted two forged documents, a no-objection certificate and a resignation acceptance letter.
After investigation, the Central Bureau of Investigation (CBI) filed a charge sheet saying there was sufficient oral and documentary evidence to establish that Rana cheated the NCB by dishonestly inducing it to pay subsistence allowance for the period when he was employed in the three companies, and that he submitted two false, forged and fabricated documents to gain employment at one company.
After the magisterial court framed charges against him, the accused filed the present revision petition.
In an order dated May 6, Judge Agrawal noted that Rana had submitted at least two certificates to claim subsistence allowance while under suspension, stating he was not employed in any business, profession or vocation for profit, remuneration or salary.
But according to the record, Rana was employed with three companies across various dates, the judge noted, saying, “So prima facie, it does appear that NCB had been cheated by the accused or revisionist, by way of issuing the said false certificates and through that, he illegally claimed subsistence allowance….” He said that the two documents prima facie appeared forged and fabricated.
“The NCB appears to have been cheated by the accused/revisionist, since he was admittedly employed with various private firms during the period January 16, 2017, till October 25, 2019, and despite that, he had received subsistence allowance, while being under suspension…,” the judge said.
The court also trashed the ex-official’s argument that he was not aware that the allowance was being credited in his bank account.
It said that the definition of trade under the penal law cannot be given a restrictive meaning and trade would include the engagement of a public servant in any profession or occupation as well.
“I am of the considered opinion that the impugned order does not call for any interference, and the revision petition, being bereft of merit, stands dismissed,” the judge said. PTI MNR MNR KSS KSS
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