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| HC stays proceedings in UCO Bank Scam | | Petition for disbanding CBI | | Early Times Report
Jammu, Nov 14 (JNF): On the pattern of a petition decided by Gauhati High Court where the resolution No 4/31/61-T GOI dated April 1, 1963 establishing CBI was quashed, a similar petition was filed by one Ashok Singh Manhas facing trial in FIR NO 4/2011 dated May 30, 2011 registered by CBI against the petitioner and others. In the petition, the petitioner has sought quashment of resolution no. 4/31/61-T Dated 1-4-1963 as ultra virus of constitution of India read with constitution of Jammu and Kashmir whereby CBI was established. The petitioner has further sought the quashing of the FIR/Challan/Order dated September 4, 2013 whereby Corruption Charges were framed against the petitioners and ors. Justice Dhiraj Singh Thakur of the State High Court Jammu Wing after hearing Adv Himanshu Beotra appearing for the petitioner issued notices to Union of India through Secretary Ministry of Home Affairs and Central Bureau of Investigation and directed till next date, the proceedings before the Special Judge Anti Corruption (Central Bureau of Investigation Cases), Jammu shall remain stayed. According to the FIR, on a reliable information that M/S Shiva Over Seas a partnership firm in which Uttam Chand as a partner of 85% Share and Ashok Singh Manhas is holding 15% share and both applied for CC limit to the tune of Rs 50 lacs on March 13, 2008 on the basis of fake/ non-existing property offered as a collateral security towards the bank.
The land proposed measuring 4 Kanal and 5 Marlas situated at Village Changerwan was said to be owned by Ashok Kumar Manhas but said land actually did not belonged to Ashok Singh Manhas and documents relating to the same were forged/fabricated.
Ashok Singh Manhas and Uttam Chand got false revenue documents in connivance with some unknown persons in support of their claim. Thereafter unknown officials of UCO Bank Ashoka Market Raghunath Bazar Jammu in criminal conspiracy with Ashok Singh Manhas and Uttam Chand processed the loan on the basis of these false documents. The concerned bank Branch Manger also did not make any pre-sanctioned visit as per the bank rules before the sanction of CC Limit/ Loan. The Loan proposed of CC Limit for Rs 35 lacs was sanctioned by the Zonal New Business Committee Delhi on the basis of recommendations of bank officials vide sanctioned note dated May 22, 2008. Ramesh Koul DIG (now retired) was the guarantor for the said loan facilities as per agreement of the guarantee duly executed by him. The accused borrowers exhausted the CC limit if Rs 35 lacs in September, 2008 and thereafter Uttam Chand required the bank to allow an overdraft of Rs 10 lacs in the CC Account on September 10, 2008. On the same day the alleged accused bank concerned bank official to his request as a result of criminal conspiracy and accordingly an another account was opened in the name of M/S Shiva Over Seas and on the same day overdraft of 10 lacs was allowed from CC Limit and transferred to another account. The borrowers did not repay the loan in both the accounts and used the money for their personal ends. As a result of criminal conspiracy, abused of official position and fabrication/forgery of documents both the loan turned NPA on December 18, 2009 which resulted outstanding of Rs 50, 31, 214 causing undue loss to the exchequer. |
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