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Court rejects CBI's closure report, passes strictures against CBI
8/27/2015 11:56:13 PM
early Times Report

jAMMU, Aug 27: Special Judge Anti-Corruption, Jammu, (CBI cases), Vinod Chatterji Koul today rejected a closure report filed by CBI with the direction of further investigating the case.
This closure report is the outcome of the PE-5(A)/2013, which CBI registered on the basis of Joint Surprise check conducted at the residence of Naresh Kumar, JE, incharge Dett, Manwal, 52 RCC where 65 cement bags, with 'Shree Ultra' and 'Not for Resale' printed on them found stored.
After the completion of inquiry, the instant case was registered on the basis of January 24, 2014 written complaint of Om Parkash, Inspector CBI, ACB, Jammu, addressed to SP,CBI,ACB, Jammu against Naresh, GREF Subedar J K Patel and some unknown persons for pilferage of government stores/property viz. bitumen, cement and POL from Department, Nagrota(GREF) of 52 RCC.
It is averred in the final report that Naresh was working I/C Department, Manwal, 52 RCC (GREF), Project Beacon from November 2012 to July 2013 and Subedar Jagdish Kumar Patel was working as Incharge, Department, Nagrota of 52 RCC(GREF), Project Beacon from March 2013 to July 2013. It was established that Naresh was responsible for maintaining the records relating to receipt and issue of stores of concerned Department and Subedar Patel being incharge, Department Nagrota was also Incharge of Stores of said Department. and was responsible for maintaining the records relating to receipt and issue of Stores of said Department.
"After having given my thoughtful consideration to the material collected during investigation, I find that a flawed approach has been adopted by the Investigating Agency in drawing conclusions with regard to some characters involved in the scam," the court said.
The court observed that the inquiry officer vide his report dated 24.1.2014 has recommended the registration of the case which was accepted by then SP, CBI, Jammu, which resulted in the lodging of the FIR No RC No 0042014A0002 dated 27.1.2014, but I.O has submitted the closure report and the same is without cogent reasons.
Court observed the closure report is silent as to what action they have proposed or taken against the enquiry officer for giving fake and frivolous enquiry report recommending registration of FIR. The investigation of this case has been a causality due to the treatment given to the investigation by the I O who has conducted the investigation in a rough shot manner.
With these observations, the court disagreed with the conclusion drawn by I/O on the basis of available material. The material assembled during investigation substantiates allegations of criminal misconduct and recommending departmental inquiry only against the erring officials will not meet the ends of justice. The final report is accordingly rejected and deserves to be returned to CBI/ ACB, Jammu for further investigation. The points referred hereinabove, are directed to be probed through a responsible CBI officer, not below the rank of a DSP and the investigation is directed to be supervised by SP, CBI/ACB, Jammu. The court directed the final report shall be submitted in this court within two months from today. Registry is directed to return the chargesheet along with the documents to CBI against proper receipt. It added the copy of this order shall be forwarded to Joint Director, CBI and SP,CBI,ACB, Jammu for information and compliance.
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