The Present Case Was Registered On The ... vs Brijesh Kumar Mishra S/O Sh. Siddh Nath ... on 17 September, 2010

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Delhi District Court

The Present Case Was Registered On The ... vs Brijesh Kumar Mishra S/O Sh. Siddh Nath ... on 17 September, 2010

                                         1

          IN THE COURT OF SH. RAJNISH BHATNAGAR
            SPECIAL JUDGE 01 CBI : ROHINI : DELHI

CBI No. : 40/08

C.B.I.

Vs.

1. Brijesh Kumar Mishra S/o Sh. Siddh Nath Mishra
   Section Officer, SCD-I Section
   Ministry of Social Justice & Empowerment,
   Shastri Bhawan, New Delhi.
   R/o House No. 24, Sector 5,
   Chiranjeev Vihar, Ghaziabad, U.P.

2. Ajit Kumar Tiwari
   S/o Sh. Sarabjeet Tiwari
   R/o D-3, Chandra Residency, Hukul Ganj,
   Chauka Ghat, Varansi, U.P.

3.    Sujit Kumar Tiwari
      S/o Sh. Sarabjeet Tiwari
      R/o D-3, Chandra Residency, Hukul Ganj,
      Chauka Ghat, Varansi, U.P.

Date of Institution       : 08/04/2004

FIR No.                   : RC SI 8/2003/E/0001/CBI/EOU-IV/N.DELHI

Under Section             : 120 B IPC r/w 419, 420,467, 468, 471 IPC
                            r/w Section 13 (2) r/w 13 (1) (d) of P.C.
                            Act 1988
                            and substantive offences there under.
Arguments
concluded on          :     19-08-2010


                                                                Contd....
                                           2

Date of Order          : 13-09-2010

JUDGMENT

1. The present case was registered on the basis of complaint made by Smt. Rajwant Sandhu, Jt. Secretary and Chief Vigilance Officer, Min. of Social Justice & Empowerment, Govt. of India, New Delhi.

2. As per the prosecution, the scheme for providing coaching to students belonging to schedule caste to enable them to compete with those coming from socially and economically advantageous sections was under implementation of the Ministry. Institutions of repute which were running coaching course were eligible for financial assistance. Applications received from non Governmental Organizations through the concerned State Govts. together with the recommendations are considered by the Ministry for financial assistance.

3. As per the prosecution after the completion of procedural formalities the pay and accounts officer then prepares the demand draft which is collected by SCD-I Section which sends the same to the Non Governmental Organizations by registered post.

4. As per the prosecution, investigation revealed that accused B.K. Mishra prepared the following 5 bogus bills in the name of the 5 non-existing Non Governmental Organizations. The details of which are as follows :-

(i) Aparna Sanskritik Sansthan, Lucknow file No. 11020/24/2000-

SCD-I for Rs. 4,33,125/-

Contd....

(ii) Integrated Institute of Management, New Delhi file No. 11020/25/2001-SCD-I for Rs. 4,15,968/-

(iii) Nav Vikas Samiti, Faizabad file No. 11020/24/2002-SCD-I for Rs. 4,66,875/-

(iv) Amit Gram Vikas Sansthan, Varansi file No. 11020/45/2000- SCD-I for Rs. 5,17,725/-

(v) Kapishvar Nath Education Society, Lucknow, U.P. File No. 11020/66/99-SCD I for Rs. 4,33,125/-.

5. As per the prosecution, from the minutes of the Screening Committee meeting for the last 2 years, it was revealed that these proposals had never been placed before or approved by the committee and the signature of the Dy. Secy., concerned are forged. The diary No. and Internal Finance Division indicated in the sanction letter are related to different files/other Non Governmental Organizations cases.

6. As per the prosecution, on the basis of the bogus bills and forged sanction orders 4 demand drafts Nos. 186505 dated 12-12-2002 for Rs. 4,33,125 (ii) DD No. 186506 dated 12-12- 2002 for Rs. 4,15,968/- (iii) DD No. 186665 dated 17-12-2002 for Rs. 5,17,725, (iv) DD No. 186659 dated 17-12-2002 for Rs. 4,33,125/- and one chque No. 064267 dated 12-1-2002 for Rs. 4,15,968 totally to Rs. 22 lacs approximately were issued in favour of the above stated fake Non Governmental Organizations. All the said drafts and cheques were brought by the concerned UDC from the account section and handed over to accused B.K. Mishra who was supposed to despatch the same to Contd....

the concerned Non Governmental Organizations by registered post but accused B.K. Mishra did not send the same to the concerned Non Governmental Organizations by registered post, rather he handed over the same to other co-accused persons operating fictitious non-governmental organizations.

7. As per the prosecution, investigation has revealed that 5 NGOs namely Aparna Sanskritik Sansthan, Lucknow, UP, Integrated Institute of Management, New Delhi, Nav Vikas Samiti, Faizabad, UP, Amit Gram Vikas Sewa Sansthan, Varansi, UP and Kapishwar Nath Education Society Lucknow, UP are fictitious / non existent and that Sh. Sanjay Kumar Gupta, dealing assistant, SCD-I Section was on leave since 23-11-2002 to 29- 12-2002 and the period of issuance of the chequs / drafts is 11/12-12-2002 and 16/ 17-12-2002 i.e the period when the fraudulent cheques / drafts in favour of the aforesaid NGOs were got issued.

8. As per the case of the prosecution accused Brijesh Kumar Mishra was posted as ad-hoc Section Officer in SCD-1 Section Ministry of Social Justice and Empowerment, Shastri Bhawan, New Delhi during the relevant period. As per the prosecution, the investigation has established that accused Brijesh Kumar Mishra, as section Officer has done several acts of willful commission / omission while effecting fraudulent release of grant-in-aid vide 4 drafts and one cheque for a total amount of Rs. 22 lacs approximately favouring the 5 NGOs in question, under the said Scheme of the Ministry. He made in his own hand Contd....

writing / allowed to be made entries in the file register to show the existence of the files of 5 NGOs in question. He got signatures of Deputy Secretary forged on the sanction orders.

9. It is further the case of the prosecution that on the basis of the forged sanction orders he managed to prepare fake and forged bills, either himself or through involvement of other unkonwn persons, and short circuited the movement of the concerned files by getting the signatures of DDO forged on the bills / data in put sheets/draft application forms. He made entries in his own hand writing in the bill and sanction order registers and effected the preparation of DDs/cheque in question by the Pay & Accounts Office immediately after presentation of the bills. He received the DDs/cheque from his UDC personally and never sent those to the central registry section. The DDs/cheque were encashed by the account holders of the NGOs in question within a short span of issue.

10. As per the prosecution, during the investigation accused Ajit Kumar Tiwari, accused Sujit Kumar Tiwari, Ram Bhadur Singh, Gaurav Singh and Smt. Malti Singh have also emerged as accused and investigation has established that these accused persons finally obtained the grant-in-aid that was fraudulently released from the Ministry through realizing the cheque / demand drafts issued in favour of the above mentioned NGOs, which were supposedly run by them.

11. As per the prosecution accused Ajit Kumar Tiwari opened a fictitious institute in the name and style of Integrated Contd....

Institute of Management, New Delhi. He got this society registered with Registrar of Societies, Lucknow on 4-12-2002 at 4/ 1 Dali Bag, Lucknow, which is, in fact, a governmental accommodation, acquired by one Sh. Bhasker Dubey till June, 2002, who is an acquaintance of accused Brijesh Kumar Mishra, as revealed from the print out of the mobile phone calls made by the latter. Accused Ajit Kumar Tiwari posed himself as Prateek Singhal, the Director of the said Institute. At the time of registration, he submitted by-laws of the society and other necessary documents. In the executive committee of the society, Sh. Suresh Ram S/o Sh. Chander Shekhar R/o E-319, Rajaji Puram, Lucknow was shown as the Secretary, who as lateron proved to be a fictitious entity.

12. As per the prosecution soon after registration of the society accused Ajit Kumar Tiwari opened a current account No. 784328 at ABN Amro Bank, Sector-18 NOIDA on 23-12-2002 in the name and style of Integrated Institute of Management at C-47, Sarita Vihar, New Delhi. He opened this account in the fictitious name of Pratek Singhal in the capacity of the Director of the said NGO. In this account accused Ajit Kumar Tiwari deposited cheque No. 0064267 dated 12-12-2002 drawn on State Bank of Patiala, Shastri Bhawan, New Delhi for Rs. 4,15,968 in favour of Integrated Institute of Management, New Delhi. The entire amount was withdrawn by accused Ajit Kumar Tiwari in cash within a span of one month.

13. As per the prosecution, at the time of opening of account Contd....

of Integrated Institute of Management with ABN Amro Bank, NOIDA, a copy of board resolution signed by one S. Ram, Secretary of the said NGO and a fake driving licence, as a proof of identity of S. Ram was submitted in the bank. On the driving licence photo of accused Sujit Kumar Tiwari is affixed, who has posed himself as S. Ram and by way of Board of Resolution, he authorized Ajit Kumar Tiwari @ Prateek Singhal to operate the account.

14. As per the prosecution, the address of Integrated Institute of Management at C/6/42, Sarita Viihar, Delhi belonged to one Sh. D.C. Singh, owner of the said premises during the relevant period, who used to run M/s Cosmos Communication under the directorship of his wife, and accused Sujit Kumar Tiwari was their employee. Sh. D.C. Singh also identified the photograph of S.Ram one the photocopy of driving license as that of Sujit Kumar Tiwari.

15. As per the prosecution further DD No. 186506 dated 12- 12-2002 for Rs. 4,66,875/- favouring Nav Vikas Samiti drawn on State Bank of Patiala, Shastri Bhawan New Delhi was deposited through clearing in Central Bank of India Chowk Branch, Faizabad in SB Account No.7107. The said account was opened on 14-12-1998, being operated by accused Malti Singh w/o accused Ram Bhadur Singh in the capacity of President of the said Society showing its address at Rupehria Beharaich and its branch office at Ram Ghat, Ayodhya, which was established non-existent as per the testimony of the area postman. The Contd....

entire amount was withdrawn by accused Malti Singh through cheques issued in favour of eithr self or Avadh Sansthan or Ram Bhadur Singh. Accused Malti Singh is absconding and declared as proclaimed offender by the Court.

16. As per the prosecution, further DD No. 186505 dated 12-12-2002 for Rs. 4,33,125 favouring Aparna Sanskritik Sansthan drawn on State Bank of Patiala, Shastri Bhawan, New Delhi was deposited in Syndicate Bank, Faizabad in account No. 3032 being operated by a fictitious person in the name of Raj Kumar Singh shown to be Mantri of Aparna Sanskritik Sansthan. Accused Ram Bhadur Singh and accused Gaurav Singh are suspected to be operating this account. The entire amount was withdrawn form the account by the fictitious person in the name of Raj Kumar Singh through cheques issued in favour of either self or in favour of accused Gaurav Singh.

17. Further DD No. 186665 dated 17-12-2002 for Rs. 5,17,725/- favouring Amit Gram Sewa Sansthan drawn on State Bank of Patiala Shastri Bhawan, New Delhi was deposited in Oriental Bank of Commerce Faizabad in account No. 3541/12. This account was being operating by a fictitious unnamed person shown to be the Adhyaksh of Amit Gram Sewa Sansthan. Accused Ram Bhadur Singh and accused Gaurav Singh are suspected to be operators of this account. The entire amount was withdrawn from the account by the fictitious account holder on 27-1-2003 through cheques issued in favour of either self or in favour of accused Ram Bhadur Singh or Gaurav Singh.

Contd....

18. As per the prosecution, further DD No. 186659 dated 17-12-2002 for Rs. 4,33,125/- favour Kapishwar Nath Society Lucknow, UP was drawn on State Bank of Patiala, Vidhan Sabha Marg, Lucknow, however, never presented for encashment till it was frozen at the request of CBI. The complete address of this NGO is neither mentioned in the bill issued by the Ministry, nor could be ever verified by making inquiries with the drawee bank / Registrar of Societies Faizabad.

19. After the completion of investigation, the accused persons were challaned. Copies required U/s 207 Cr.P.C supplied to accused persons. My Ld. Predecessor on 7-5-2005 framed a charge against accused Brijesh Kumar Mishra for the offence punishable U/s 13 (d) of the Prevention of Corruption Act, U/s 120 B of Indian Penal Code and U/s 467, 468, 471& 420 IPC. A separate charge U/s 120 B IPC and U/s 419, 420, 467, 468 & 471 IPC against accused Ajit Kumari Tiwari and a separate charge U/s 120 IPC against accused Sujeet Kumar Tiwari.

20. In order to prove the guilt of accused persons, the prosecution examined as many as 25 witnesses.

21. PW 1 Krishan Kumar Garg deposed that during the year 2002-2003 he was posted as Section Officer in SCD II Section of Ministry of Social Justice and Empowerment and was also looking after duties of DDO of SCD I, II and V section in the above stated Ministry. He proved on record grant in aid bill No. 11020/25/2001-SCD- I- dated Nil as Ex. PW 1/A, data sheet as Contd....

Ex. PW 1/B attached with documents Ex. PW 1/A, grant in aid bill No. 11020/24/2000-SCD- I- dated Nil as Ex. PW 1/C and the data input sheet as Ex. PW 1/D attached with documents Ex.PW 1/C, grant in aid bill No. 11020/24/2002-SCD- I- dated Nil as Ex. PW 1/E and the data input sheet as Ex. PW 1/F attached with Ex. PW 1/E, grant in aid bill No. 11020/66/99-SCD- I- dated 16/12/2002 as Ex. PW 1/G and the data input sheet as Ex. PW 1/H annexed with Ex. PW 1/G, grant in aid bill No. 11020/45/2000-SCD- I- dated 16/12/2002 as Ex. PW 1/J and the data input sheet as Ex. PW 1/K annexed with Ex. PW 1/J. He deposed that all the above stated documents does not bear his signatures at point A. He also proved on record his specimen signatures on five sheets given by him to the IO as Ex. PW 1/L 1 to L 5.

22. PW 2 Suraj Bhan deposed about the procedure for making demand drafts regarding grant in aid to NGOs. He further proved on record letter dated 12/12/2002 bearing diary number 3302, 3300 for sending cheque number 064268 in favour of bank for preparation of demand drafts in favour of NGOs for an amount of Rs. 4,33,125/- and Rs. 4,66,175 in favour of Aparna Sanskritik Sansthan, UP and President Nav Vikas Samiti respectively as Ex. PW 2/A. He identified his signature on the same as point A.

23. He further proved on record letter dated 17/12/2002 for sending the cheque 064327 in favour of State Bank of Patiala for preparation of demand drafts for an amount of Rs. 5,17,725 and Contd....

Rs. 4,33,125 in favour of Amit Gram Vikas Seva Sansthan and Kapishwer Nath Education Society respectively which bears the diary number 3415, 3417, 3418 and 3415 as Ex. PW 2/B. He identified his signatures on the same at point A.

24. He further proved on record letter dated 7/12/2002 for sending cheque No. 064238 to State Bank of Patiala for preparation of demand drafts for the requisite amount as Ex. PW 2/C which bears diary number 3373, 3416, 368, 3369, 3410 and 3408. He identified his signatures on Ex. PW 2/C at point A.

25. PW 2 further proved on record genuine draft preparation slips as Ex. PW 2/D to Ex. PW 2/G and deposed that after considering the same he had written the letters Ex. PW 2/A to 2/C to State Bank of Patiala. According to PW 2 after preparation of above said Demand drafts, same were collected by peon. He gave them to the diarist, who made entries in respect of number of Demand Drafts in Grant in Aid Diary maintained in B & C Section. He proved on record the diary as Ex. PW 2/H. According to him the demand drafts were entered at diary numbers at 3300, 3301 and 3301 and handed over to Sh. Chintamani, UDC. PW 2 identified the signatures of Sh. Chintamani, UDC at point B before the respective entires Ex. PW 2/J encircled in red ink. According to PW 2 the demand drafts were handed over by Sh. J.K Gulati, diarist. He identified the signature of Sh. J.K. Gulati at points C before entries collectively Ex. PW 2/J.

26. PW 3 Sanjay Kumar Gupta deposed that he was posted in the Ministry of Social Justice and Empowerment from 1992 to Contd....

May, 2003, he had been posted in SCD I October, 2000 to May, 2003 as Assistant. He proved on record the certified copy of the scheme regarding providing grant in aid to NGO's, Govt. institutions and universities which was given by Sh. LR Rao, Under Secretary as Ex. PW 3/A. He further deposed about the procedure for providing grant in aid to NGOs, govt. institutions and university. He further proved on record the certified copies of minutes of the meeting of screening committee held on 29/7/2002, 10/5/2002 and 15/1/2002 under the signature of LR Rao, US as Ex. PW 3/B to D.

27. PW 3 further deposed that he had been on earned leave from 23-11-2002 to 29-12-2002. In his absence or leave, section officer either himself looks after his work for marks to some dealing assistant. Before proceeding on earned leave and after joining duty, he had not dealt with files regarding grant in aid pertaining to Integrated Institute of Management, Apna Sanskrit Sansthan, Nav Vikas Samiti, Kapiswar Nath Education Society and Amit Gram Vikas Sewa Sansthan. He further deposed that the entries with regard to the aforesaid NGOs in the file registered maintained in the SCD I section, are not in my handwriting. He proved the file register maintained in SCD I as Ex. PW 3/E.

28. PW 3 further deposed that the files in respect of aforesaid NGOs were never put before screening committee for consideration. He identify the signatures of Sh. Radhakrishan DS to GOI by their name at point A on the sanction orders. PW 3 proved the sanction orders as Ex. PW 3/F 1 to F 5. This witness Contd....

was also shown the note sheets and on seeing the same he identified the writing at encircled portion A 1 to A 18 and signatures at points B 1 to B 23 of accused B.K. Mishra, the then Section Officer on note sheets running into fifteen pages which are collectively exhibited as Ex. PW 3/G.

29. PW 3 also identified the encircled writing at point A 19 on Ex. PW 1/G as that of accused B.K. Mishra. He also identified the signatures of accused B.K. Mishra on the utilization certificate at point A on Ex. PW 3/H. He also identified the signatures of accused B.K. Mishra at point A on utilization certificate Ex. PW 3/ J. He further deposed that the encircled written portion at point B on Ex. PW 1/J is in the handwriting of accused B.K. Mishra. He further deposed that the encircled portion at point A on Ex. PW 2/F and encircled portion A on Ex. PW 2/G is in the hand writing of accused B.K. Mishra. PW 3 failed to identify the handwriting of accused B.K. Mishra on Ex. PW 2/D and E.

30. PW 3 identified the entry No. 47, 48 and 49 as that of in the handwriting of accused B.K. Mishra in the encircled portion at point A in the sanction register for the year 2002-2003 maintained in SCD I section of the aforesaid Ministry Ex. PW 3/K. PW 3 also identified the handwriting of accused B.K. Mishra on the entry number 47 and 48 in the encircled portion in the bill register for the year 2002-2003 Ex. PW 3/L. He also identified the handwriting of accused B.K. Mishra on the entry No. 49 and 50 in the encircled portion at point B on page 209 on Ex. PW 3/L. He further deposed that he identified the signatures and hand wring Contd....

of accused B.K. Mishra as he had seen him writing and signing during the course of his posting with him in the SCD I section in the aforesaid Ministry.

31. PW 4 Laxman Singh was posted as Pay & Account Officer in the Ministry of Social Justice Empowerment, Shastri Bhavan, New Delhi from March, 2000 to May 2004. He deposed about the procedure of payment and receipt of the Ministry and preparation of account and submission to ministry of finance.

32. PW 4 deposed that grant in aid bill Ex. PW 1/A for the payment of Rs. 4,15,968/- was received in the pay and accounts office alongwith data input sheet Ex. PW 1/B, sanction letter Ex. PW 3/F1 and calculation sheet. This was checked by accountant and entered in to diary vide entry No. 3529. It was checked by accountant Kiran Singh and put up the pay order for the aforesaid amount. PW 4 deposed that it was passed by him and signed at point B for passing the same on Ex. PW 1/A, then it was passed on to check writer who prepared the cheque No. 064267 and submitted to him for signature. PW 4 further deposed that he signed the cheque and crossed the pay order and proved the cheque as Ex. PW 4/A which bears his signature at point A.

33. PW 4 further deposed that grant in aid bill Ex. PW 1/C was received in pay and accounts office alongwith data input sheet Ex. PW 1/D, utilization certificate under the signature of accused B.K. Mishra at point A on Ex. PW 4/B and sanction order Contd....

Ex. PW 3/F2 which was checked by Kiran Singh and submitted to him alongiwht the expenditure control register. PW 4 checked the claim and found in order and passed it for preparation of cheque. He further deposed that cheque writer prepared the cheque No. 0644268 and put up before him for signature. PW 4 proved the same as Ex. PW 4/C which bears his signature at point A.

34. PW 4 further deposed that grant in aid bill Ex. PW 1/E was received in pay and accounts office alongwith data input sheet Ex. PW 1/F, utilization certificate under the signature of accused B.K. Mishra at point A on Ex. PW 4/D and sanction order Ex. PW 3/F3 which was checked by Kiran Singh and put up before him. PW 4 further deposed that he found the same in order and passed on to cheque writer who prepared a combined cheque Ex. PW 4/C which was signed by him at point A.

35. PW 4 further deposed that grant in aid bill Ex. PW 1/G alongwith data input sheet Ex. PW 1/H, utilization certificate Ex. PW 3/H and sanction order Ex. PW 3/F4 was received in the pay and accounts offices which was checked by Kiran Singh. PW 4 checked it and found in order and passed it on to cheque writer who prepared the cheque No. 064327 and put up before him for signature. PW 4 proved the same as Ex. PW 4/E.

36. PW 4 further deposed that grant in aid bill Ex. PW 1/J was received in pay and accounts office alongwith data input sheet Ex. PW 1/K, utilization certificate under the signature of accused Contd....

B.K. Mishra Ex. PW 3/J and sanction order Ex. PW 3/F5 which was checked by Kiran Singh. PW 4 further deposed that he found it in order and passed it by signing at point B on Ex. PW 1/J and passed on to cheque writer who prepared the cheque No. 064328 and put up before him for signature. PW 4 signed the same at point A which is Ex. PW 4/F and after preparation all the cheques were forwared to section officer, cash section for necessary action.

37. PW 4 further deposed that he had handed over all these bills alongwith the cheques and certified copy of bill diary register (grant 2002-2003) to IO CBI who prepared the seizure memo dated 24-3-2003. PW 4 proved the same as Ex. PW 4/G and certified copy of the bill diary register under his signature at point A on each page (running into two pages ) as Ex. PW 4/H. He further deposed that he had also handed over the certified copy of cheque issue register pay and accounts office which was certified by him. He proved the same as Ex. PW 4/J. He also got prepared the cheques in favour of the respective NGOs considering the genuine signature of DDO and other related documents.

38. PW 5 Yash Khanduri is the Branch Operation Manager, ABN Ambro Bank. He proved on record the seizure memos dated 5-3-2003 and 7-3-2003 as Ex. PW 5/A and B vide which he had handed over the documents mentioned in the seizure memos to the IO CBI in the respective dates. The same bears his signature at point A. Contd....

39. PW 5 further deposed that account No. 784328 was opened in their Noida Branch in the name of Integrated Institute of Management C-642, Sarita Vihar, New Delhi in December 2002. Mr. Prateek Singhal was authorized to operate the account. He proved the account opening form as Ex. PW 5/C. He further deposed that for opening this account the applicant submitted the Board Resolution dated 10-12-2002, under the signature of S. Ram which he proved as Ex. PW 5/D and photocopy of driving licence mark X, form No. 60 as Ex. PW 5/E and photocopy of registration certificate of society as mark X-1. He further deposed that he also handed over the certified copy of the statement of accounts of the aforesaid account which was certified by him as per the bankers book of evidence Act which bears his signature and he proved the same as Ex. PW 5/F. He further proved on record the cheques as Ex. PW 5/G, H, J, K & L vide which the amount was withdrawn by the applicant / account holder.

40. PW 6 is Mrs. Rajwant Sandhu. She deposed that on 14-2-2003 she was working as Joint Secretary and Chief Vigilance Officer, Ministry of Social Justice and Empowerment, Shashtri Bhawan, New Delhi-110001. She proved on record her complaint dated 14-2-2003 as Ex. PW 6/A which was made by her to Director CBI CGO Complex, New Delhi against Aparna Sanskritik Sansthan, Lucknow, UP, Integrated Institute of Management, Nav Vikas Samiti Faizabad, Amit Gram Vikas Sewa Sansthan, Varanasi and Kapishwar Nath Educational Contd....

Society Lucknow UP in connecting with irregularities in release of grant in aid. She also forwarded the annexure 1 alongwith the complaint which she proved as Ex. PW 6/B. Sh deposed that the complaint was made by her after a vigilance inquiry by the said Ministry.

41. PW 7 Shri Sanjay Kumar is the Deputy Manager, State Bank of Patiala, Shashtri Bhawan, New Dehi. He proved on record the seizure memo vide which on 28-2-2003 he had handed over the documents to the IO CBI as Ex. PW 7/A. He deposed about the preparation of various drafts for different sums on the request of Drawing and Disbursing Officer of Ministry of Welfare, Govt. of India in the name of Secretary Aparna Sanskritik Sansthan, UP and President Nav Vikas Samiti U.P., Amit Gram Vikas Sewa Sansthan and Kapishwar Nath Education Society. He proved on record the demand drafts issued in the name of said societies for a sum of Rs. 4,33,125, Rs. 4,66,875, Rs. 5,17,725 and Rs. 4,33,125 respectively as Ex. PW 7/B, PW 7/C, PW 7/D respectively.

42. He further deposed that he had also handed over the certified copy of statement of account No.01G0409970601 maintained by Govt. of India, Ministry's account, Ministry of Welfare to the IO CBI and proved the same as Ex. PW 7/E which bears his signature at point A. He further deposed that he had also handed over the schedule cum register of Inter Branch Draft issued for 12-12-2002 and 17-12-2002 which he proved as Ex. PW 7/F. Contd....

43. PW 8 Vijay Kumar is the Stenographer Grade-C. He proved on record the diary from 12-09-2002 to 8-01-2003 maintained by him in the office of Director Finance as Ex. PW 8/A. He further deposed about the entries No. 3793 in Ex. PW 8/A vide which file No. 4-151/2002-DD I (NGO) was cleared, entry No. 3649 vide which file No. 11012/11-30/2001-2002-BC (NGO) was cleared on 23-09-2002, entry No. 5080 vide which file No. 14011/8/2002 SVD- V was cleared, entry No. 5076 vide which file No. 11016/8/2002 (SCD) I division was cleared on 12- 12-2002, vide diary No. 3739 the file No. 5-1/2002- AF was cleared on 24-9-2002. All the aforesaid entries are encircled at point A, B, C, D and E respectively on Ex. PW 8/A. He further deposed that vide aforesaid entries only the aforesaid files were cleared and no other files have been cleared from the above said diary numbers from the office.

44. PW 9 Sh. Ramadhar was working as a Postman in the Head Post Office of Ayodhaya Zone, District, Faizabad. He deposed that in his beet there was no institution in the name of Nav Vikas Samiti Avadh Sansthan and he had never received the posts for despatching to the aforesaid institution.

45. PW 9 is again Rajiv Shekhar. He deposed that he knew accused Ajit Kumar Tiwari and Sujit Kumar Tiwari since their birth. He identified the photograph of accused Ajit Kumar Tiwari affixed on the account opening form Ex. PW 5/C maintained in ABN Amro Bank in the name of Integrated Institute of Management. He further deposed that this account was opened Contd....

by hin in the name of Prateek Singhal. He also identified the photograph of accused Sujit Kumar Tiwari on the driving licence in the name of Sh. Suresh Ram attached with the account opening form Ex. PW 5/C. He further deposed that he also knows accused B.K. Mishra who is brother in law of accused Ajit Tiwari and Sujit Tiwari. He also identified the accused persons.

46. PW 10 is Shri R. Radha Krishnan. He deposed that he had taken over the charge of SCD-I section in the Ministry of Social Justice and Empowerment, New Delhi as Deputy Secretary in October, 2002. He deposed about the procedure regarding the sanction of grant in aid to NGO/State Govt. He denied his signatures on the grant in aid sanction order Ex. PW 3/F1, Ex. PW 3/F2, Ex. PW 3/F3, Ex. PW 3/F4 and Ex. PW 3/F5 and deposed that this sanction order had not been signed by him at point A as Deputy Secretary to the Govt. of India.

47. PW 11 is Shri Rajiv Sharma, Chief Manager, Corporation Bank, Vasant Kunj Branch, New Delhi. He deposed that on 23-4-2003 he had visited the office of CBI and met with Sh Anand Swaroop Inspector of Police, CBI who had taken the specimen signature and writing of accused Brijesh Kumar Mishra before him and after taking his specimen signatures on various sheet he also appended his signature at point A on each sheet as witness. PW 11 proved on recored the specimen signatures and writings collectively as Ex. PW 11/ A (S-12 to S-31)

48. PW 12 Shri C.P. Banlish, Senior Manager, Bank of Baroda, Sansad Marg, New Delhi deposed that he visited the Contd....

office of CBI in connection with the case of Bank of Baroda and met Shri Anand Swaroop Inspector CBI who had taken the specimen signatures and handwriting of accused Brijesh Kumar Mishra and accused Ajit Kumar Tiwari. PW 12 further deposed that he also appended his signatures on those sheets as a witness of taking their signatures / writings. He proved on record the signatures of accused B.K. Mishra on S-1 to S-11 collectively as Ex. PW 12/A and another specimen writing on S-32 to S-46 collectively as Ex. PW 12/B. He also proved the specimen signatures / writing of accused Ajit Kumar Tiwari on S-47 to S-80 collectively as Ex. PW 12/C.

49. PW 13 is Sh. D. Maheta, Sub Manager, Andhra Bank, Biswas Nagar Branch, Shadara. He also deposed on the lines of PW 11 and proved on record the specimen signature and writing of accused B.K. Mishra and also identified his signatures at point A on sheets mark S-156 to S-250 and proved the same collectively as Ex. PW 13/A.

50. PW 14 is Shri D.C. Singh. He deposed that he knows accused B.K. Mishra who is his neighbour. He further deposed that he had taken on rent Flat No. C-642, at Sarita Vihar, New Delhi in June, 2002. He also knows accused Sujit Kumar Tiwari who is brother-in-law of accused B.K. Mishra. He further deposed that he has no knowledge about the Integrated Management Institute and it was never in existence at C-642 Sarita Vihar during that period under his occupation. On seeing the account opening form Ex. PW 5/C, PW 14 deposed that he Contd....

has no knowledge of opening of account although the said address was given. He further deposed that the photograph affixed on the account opening form is of accused Ajit Kumar and the photograph appearing on the photocopy of driving licence in the name of Suresh Ram is of accused Sujit Kumar who is also brother-in-law of accused B.K. Mishra.

51. PW 15 Ashok Kumar is the licensing Authority. He proved on record the letter dated 30-01-2004 as Ex. PW 15/A issued by him to the CBI with regard to the verification of licence number 38779 K/97 dated 21-07-1997 stating therein that the aforesaid licence had not been issued from his office in the name of Sh Suresh Ram.

52. PW 16 is Mukanadi Lal Gupta. He was working as Dy. Registrar, Firms, Society and Chits, Civil Lines, Faizabad, UP from August 2002 to July, 2004. He proved on record letter dated 9-5-2003 as Ex. PW 16/A written by him to the CBI stating therein that Nav Vikas Samiti Rupai Diha Wahraich is a forged society. PW 16 also proved on record the certified true copy of the index register of the various society registered in their office from 15-11-95 to 30-11-1995 as Ex. PW 16/B and deposed that in this list the name of Nav Vikas Samiti is not appearing. He also proved on record the seizure memo dated 18-6-2003 as Ex. PW 16/C vide which the documents Ex. PW 16/B and order sheet about Aparna Sanskritic Sansthan was handed over by him. On being seen the photocopy of the registration certificate in the name of Nav Vikas Samiti, he deposed that the Contd....

said certificate do not bears the signature of Sh. Prabhu Dayal, the then Dy. Registrar of Societies.

53. PW 17 Rama Kant deposed that during the year 2003 he was working as Dy. Director, Social Welfare, UP. He further deposed that by letter dated 1-4-2003 CBI asked them whether their department has recommended the name of Aparna Sanskritic Sansthan, Nav Vikas Samiti Behrige, Faizabad, Amrit Gram Vikas Sewa Sansthan, Varansi, Kapeshwar Nath Education Society, Lucknow and Integrated Institute of Management, Dalibagh, Lucknow. He further deposed that in response to the aforesaid letter had had written letter No. 167 Samaj Kalyan/Vikas/Coaching/2003-4 dated 16-6-2003 mentioning therein that the name of the aforesaid institution and their forms have not been recommended by their Directorate he proved the said letter as Ex. PW 17/A.

54. PW 18 is Sh. M.C. Joshi, Asst. Govt. Examiner of Questioned Documents, Laboratory of GEQD Chandigarh.

55. PW 19 is Lokesh Jha. He worked as Dy. Secretary /Director in the ministry of Social Justice and Empowerment, Shashtri Bhawan, Govt. of India, New Delhi from December 1998 to 1st April 2003. He proved on record a letter dated 24-3- 2003 written by him to Sh. A.K. Saha, DSP, CBI, SIU-VIII, New Delhi as Ex. PW 19/A with regard to investigation of this case.

56. PW 19 on seeing the grant-in-aid sanction order Ex. PW 3/F 1 in the name of Integrated institute of Management, New Delhi bears diary No. 3793 of Director of Finance deposed Contd....

that vide diary Ex. PW 8/A and number 3793 a file No. 4- 151/2002-DD1 (NGO) was dealt and not the file No. 11020/25/2001- SCDI. On seeing the grant-in-aid sanction order Ex. PW 3/F 2 bearing No. 11020/24/2000-SCD I bearing diary No. 3739/ Director of Finance he deposed that vide diary number 3739 dated 27-11-2002 a file No. 5-1/2002AF was dealt and not the file No. 11020/24/2000/ SCD-I.

57. PW 19 on seeing the grant-in-aid sanction order in the name of Nav Vikas Samiti Faizabad bearing No. 11020/24/2002- SCDI dated 20-11-2002 bearing diary No. 3649 / Director Finance dated 27-09-2002 deposed that vide diary No. 3649 file No. 11012/11-30/0001-2002 BC (NGO) was dealt and not the file No. 11020/24/2002-SCD-I. On further seeing grant in aid sanction order in the name of Kapishwar Nath Education society Ex. PW 3/F4 bearing file No. 11020/66/99 SDC-I and diary No. 5080/Director Finance dated 12-12-2002 he deposed that vide diary No. 5080 file No. 14011/8/2002-SCD-V was dealt and not the file No. 11020/66/99-SCD-I. On further seeing grant in aid sanction order Ex. PW 3/F 5 bearing No. 11020/45/2000-SCD-I and diary No. 5076/Director Finance dated 12-12-2002 he deposed that vide diary No. 5076 dated 12-12-2002 file No. 11016/8/2002-SCDI was dealt and not the file No. 11020/45/2000-SCD-I. He further deposed that the aforesaid sanction orders Ex. PW 3/F-1 to Ex. PW 3/F5 were not issued with concurrence of Director Finance, Integrated Finance Division, Ministry of Social Justice and Empowerment, Govt. of Contd....

India, New Delhi.

58. PW 20 is Ashok Kumar Shah, Dy. Supdt. CBI Gohati. He identified the signature of Dr. Paresh Saxena, the then SP SIU VIII on the FIR Ex. PW 20/A who entrusted the case to him for investigation. He further deposed that he took up the investigation of this case and seized the records and examined some witnesses. He further proved on record seizure memo dated 25-3-2003 as Ex. PW 20/B, seizure memo dated 3-4- 2003 as Ex. PW 20/C. He deposed that during the end of April 2003, he became sick and had gone on leave as such the case was transferred to Sh. Anand Swaroop, Inspector of Police CBI for further investigation.

59. PW 21 Chinta Mani deposed that he was promoted in the 1997 as UDC in the Ministry of Social Justice and Empowerment and while his posting in the said office accused B.K. Mishra was the section officer in SCD I section. He deposed that demand draft Ex. PW 7/B, Ex. PW 7/C Ex. PW 7/D and Ex. PW 4/A were collected by him from the cash section and handed over to the accused B.K. Mishra. He also correctly identified accused B.K. Mishra.

60. PW 21 also identified the handwriting of accused B.K. Mishra on the following documents : sanction register for the year 2002-2003 Ex. PW 3/K at entry No. 43,44,45,47, 49 on page 31 and 32, file movement register for the year 1999 Ex. PW 18/5 on the entry at page No. 180 encircled portion at point A, file register for the year 2000 Ex. PW 3/E on the entry at page Contd....

No. 383 encircled portion at point B and the overwriting portion in the encircled portion at point a on page 203 to which he said that this overwriting may be in the handwriting of accused B.K. Mishra, file register for the year 2001 Ex. PW 18/4 on the entry on page No. 204 and 205 in the encircled portion at point A and B and, bill register for the year 2002-03 Ex. PW 3/F on the entry No. 44,45,46,48 and 50. He also identified the signature of accused B.K. Mishra on the grant in aid bill No. 11020/66/99 Ex. PW 1/G, grant in aid bill No. 11020/45/2000 Ex. PW 1/J and also on the data in put sheet Ex. PW 1/B and Ex. PW 1/K, he further identified the signature of accused B.K. Mishra on utilization certificate Ex. PW 3/H.

61. PW 22 Anand Swaroop, Ins. CBI, EOU IV, New Delhi is the IO of the case. He unfolded the sequence of investigation done by him and proved on record seizure memo dated 10-3- 2003 as Ex. PW 22/1 vide which he had collected the documents from Ajay Kumar Chief Manager State Bank of Patiala, Vidhan Sabha Marg, Lucknow. He proved on record seizure memos dated 11-3-2003 and 12-3-2003 as Ex. PW 22/2 and Ex. PW 22/3 vide which he had collected the documents from Shri Dev Parkash Srivastav and Shri B.G. Paliwal. He proved on record another seizure memo dated 11-3-2003 as Ex. PW 22/4 vide which he had seized the documents from Shri Satinder Sehgal, Chief Manager, SBI, Faizabad. He further proved on record seizure memos dated 12-3-2003 and 13-3-2003 as Ex. PW 22/5 and Ex. PW 22/6 vide which he had seized the documents from Contd....

Shri Ram Bahadur Pathak and Ajay Kumar. He further proved on record seizure memo dated 15-03-2003 as Ex. PW 22/7 vide which he had seized the documents mentioned in the seizue memo from Shri Rajinder Parsad Jaiswal, Branch, Manager, Bank of Baroda, Faizabad. Vide seizure memo dated 13-6-2003, he had seized the grant in aid diary register for the year 2002-03 which he proved as Ex. PW 22/8. Vide seizure memo dated 16- 6-2003, he had seized documents bearing No. I-136 - 848 from the office of Registrar of Societies Chits and Funds which he proved as Ex. PW 22/9 and the documents seized by him as Ex. PW 22/10. Further he proved on record seizure memos dated 3-9-2003 and 15-09-2003 as Ex. PW 22/1// and Ex. PW 22/12 vide which he had seized the documents mentioned therein from Sh. H.N. Yadav and Pradeep Kumar Diwedi. He proved on record seizure memo dated 6-2-2004 as Ex. PW 22/13 vide which he had seized the documents from Sh. Rohit Dhar, Manager Operation, ABN Amro Bank, Connaught Place, New Delhi. Vide seizure memo dated 5-6-2003, he had seized the office order No. A-24014/1/2002- Estt. from Shri D. Parveen, Section Officer (Establishment Section), Ministry of Social Justice and Empowerment which he proved as Ex. PW 22/14 and he also proved the office order as Ex. PW 22/15. PW 22 deposed that he conducted the search on 17-6-2003, on the premises of Shri Raj Kumar Singh and seized the various documents mentioned in the search list. He proved on record the search list as Ex. PW 22/16.

Contd....

62. PW 23 Manjit Singh is Ins. CBI EOU IV New Delhi. He deposed that he had prepared the charge sheet of this case and filed the same in the court on 8-4-2004 against the accused persons.

63. PW 24 is Avneet Hora. She deposed that in the year 2002, she was serving as customer service executive (Supervisor) in Noida Branch, Sector 18 of ABN Amro Bank. She deposed that account number 784328 was opened in the name of Integrated Instrument of Management, located at C-642, Sarita Vihar, New Delhi and Prateek Singhal was the person who was to operate the said account. Account opening form bears his photograph, which form is filled in the handwriting of Alka Katyal, who was in her team and working as Customer Service Executive. Said account opening form is Ex. PW 5/C. She further deposed that the account was introduced by Shri S. Ram who appeared in the bank alongwith his driving licence.

64. She further deposed that photocopy of DL was kept alongwith account opening form which was verified by Alka Katyal , writing over it that she had seen the original driving licence. He deposed that signatures of Ms. Alka Katyal appears at point A on Ex. PW 24/A. After checking the documents and account opening form, he permitted Alka Kayal to open the aforesaid account in the bank. His approval and signature appears at point A on Ex. PW 5/C.

65. PW 25 is Ms. Swapna Ray, Income Tax Ombudsman, Kolkatta, Aayakar Bhawan. She was the sanctioning authority Contd....

and accorded sanction for the prosecution of accused Brijesh Kumar Mishra. She proved on record the sanction order as Ex. PW 25/1.

66. After the closing of the prosecution evidence statement of accused persons U/s 313 Cr.P.C. was recorded and incriminating evidence was put to them. Accused persons denied the same and stated that they are innocent and have been falsely implicated in this case. No evidence in defence was led by accused Ajit Kumari Tiwari and Sujit Kumar Tiwari. However, accused Brijesh Kumar Mishra examined one Shri Ram Avtar Singh as DW 1 and examined himself as DW 2 in his defence.

67. DW 1 Sh. Ram Avtar Singh deposed that he had received a letter dated 07-11-2007 addressed to VB Pachnanda, Director and Enquiry Authority from B.K. Bishra, Section Officer in reference to Departmental Enquiry pending against him. He further deposed that a letter dated 09-06- 2008 bearing No. A-20011/19/91- Establishment was forwarded to him as he was the presenting officer in this case. He proved on record the photocopies of the said letters as Ex. DW 1/A and ex. DW 1/B.

68. He further deposed that accused B.K. Mishra had asked furnishing certain information under RTI Act vide his letter dated 14-10-2008 addressed to Shri VB Panchananda, Contd....

Director and CPIO, reply to the said letter was forwarded by the Ministry vide No. 17020/02/2008-SCD-1 dated 19-11- 2008. He proved on record the photocopies of both the said letters as Ex. DW 1/C and DW 1/D.

69. DW 2 is Brijesh Kumar Mishra. He deposed that he was on leave from 05-02-2003 to 14-02-2003 and sent two applications dated 04-02-2003 and 10-02-2003 to 14-02- 2003 through registered AD addressed to under secretary SCD-I MOSJE. He proved on record the copy of th said applications as mark DW 2/X and DW 2/Y.

70. He further deposed about his nature of work and that there were four persons in the staff of the SCD-1 Section apart from him who were Mr. Sanjay Gupta, Assistant, Mr. L.R Pardhan, Assistant, Mr. Chintamani UDC and Ms. G. Grace UDC and during his tenure none of his staff submitted leave application for Earned leave and deposed that the two assistants were the custodians of the files of the section.

71. He further deposed that as he was a gazetted officer, he used to attest the documents and photographs of his relatives and their friends. Regarding the procedure for sanction of grants under the scheme of Coaching and Allied Scheme, he stated that the Social Welfare Department of the concerned State Government sent the proposals to the Ministry of Social Justice and Empowerment with their Contd....

recommendations. No other department for Subordinate office of the State Government was empowered to send such recommendations. He further deposed that for issuance of sanction order the diary number of Finance Department which was marked on the file was taken. There was no rule of precedence that some body from the section have to go to cross check the entires from different officers. The meetings of screening Committee were held after every 2-3 months.

72. I have heard Ld. Sr. PP Sh. V.K. Sharma for the CBI and the counsels for the accused persons and have also gone through the records of the case and the written submissions filed on behalf of accused Brijesh Kumar Mishra.

73. It is urged by the counsel for the accused Ajit Kumar Tiwari and Sujit Kumar Tiwari that they have been falsely implicated. On the other hand, it is urged by the counsel for the accused Brijesh Kumar Mishra that there is no evidence to show that accused Brijesh Kumar Mishra procured any pecuniary advantage for himself as well as for other accused; there is no evidence to show that demand drafts and cheques were issued by accused Brijesh Kumar Mishra . It is further urged that there is no evidence to show that the act of preparing five bogus bills and the sanction orders were forged by forging the signatures of Deputy Secretary and the diary number of I.F.D has been forged by accused Brijesh Kumar Mishra and it is further submitted that Contd....

the prosecution has failed to prove that the forgery has been actually happened. It is further urged that there is no evidence of conspiracy of accused Brijesh Kumar Mishra with other accused.

74. A complaint Ex. PW 6/A was made on 14-02-2003 to CBI regarding the release of grant in aid against Aparna Sanskritik Sansthan, Lucknow, Integrated Institute of Management, New Delhi, Nav Vikas Samiti, Faizabad, Amit Gram Vikas Sansthan, Varanasi and Kapishvar Nath Education Society, Lucknow to the tune of around Rs. 22 lacs and four demand drafts and one cheque were released to the above said NGO's fraudulently.

75. The Government of India through Ministry of Social Justice and Empowerment floated a centrally sponsor scheme of coaching and allied assistance for weaker section including schedule cast, other backward classes and minorities.

76. As per this scheme, the institutions seeking the assistance under the scheme had to submit details in the proforma prescribed to the State Government concerned. The State Government shall then inspect the details given by the institutions and forward the applications to the Ministry of Social Justice and Empowerment alongwith other recommendations as per the format. The scheme is Ex. PW 3/A.

77. As per this scheme, before grant in aid to any of the institutions there has to be recommendation from the concerned State Government.

Contd....

78. According to PW 17, who is Deputy Director, Directorate of social welfare, U.P., Lucknow, the name of all the above said five NGO's were not recommended to the Central Government for grant in aid and this fact was informed by PW 17 to the CBI vide his letter Ex. PW 17/A.

79. The proposals then received in the section are placed before the Screening Committee chaired by the secretary and after examination and discussions on each and every proposal the institutes / NGO's /universities whom the grant in aid is to be given are approved. The perusal of Ex. PW 3/B to Ex. PW 3/D which are the certified copies of the minutes of the meetings held on 29-07-2002, 10-05-2002 and 15-01-2001clearly shows that the files pertaining to the above said 5 NGO's were never put before the screening committee for consideration. The perusal of Ex. PW 3/E, Ex. PW 18/4 and Ex. PW 18/5 which are the SCD-1 registers shows that the NGO Aparna Sanskritik Sansthan, Lucknow was entered in the SCD-1 register against file No.11020/24/2000 SCD-I, NGO Amit Gram Vikas Sansthan, Varanasi was given file No. 11020/45/2000-SCD-1, NGO Nav Vikas Samiti, Faizabad was given file No.11020/24/2001-SCD- 1, NGO Integrated Institute of Management, New Delhi was given file No. 11020/25/2001-SCD-1 and NGO Kapishvar Nath Education Society, Lucknow was given file No. 11020/66/99- SCD-1.

80. PW 19 Lokesh Jha, Director Ministry of Social Justice and Empowerment has categorically stated in his testimony that Contd....

against diary No. 3793 file No. 4-151/2002-DD1 (NGO) was dealt and not the file No. 11020/25/2001- SCD-1 number given to the file of Integrated Institute of Management. He further deposed that vide diary No. 3793 file No. 5-1/2002- AF was dealt and not file No. 11020/24/2000/SCD-1 number given to the file of Aparna Sanskritik Sansthan. He further deposed that against diary No.3649 file No. 1012/11-30/0001-2002 and VC(NGO) was dealt with and not file No. 11020/24/2002-SCD-1 pertaining to Nav Vikas Samiti Faizabad. He further deposed that against diary No. 5080 file No. 14011/8/2002-SCD-5 was dealt with and not the file No. 11020/66/99-SCD-1 pertaining to Kaphsiwar Nath Education Society. He further deposed that against diary No. 5076 file No. 11016/8/2002-SCD-1 was dealt with and not the file No. 11020/45/2000-SCD-1 pertaining to Amit Gram Vikas Samiti.

81. This witness was cross examined by the counsel for accused Brijesh Kumar Mishra but nothing material could be extracted from his cross examination. Now from the testimony of this witness, it is clear that the above mentioned 5 NGOs were given imaginary file numbers and the diary number of preexisting files was mentioned on the grant in aid sanction orders and utilization certificate of these files which are signed by accused Brijesh Kumar Mishra also bears the same imaginary number of these files of NGO's.

82. The accused has examined one Sh. Ram Avtar as DW 1. He deposed that the accused Brijesh Kumar Mishra had asked for Contd....

furnishing certain information under RTI Act vide his letter dated 14-10-2008 addressed to Sh. V.V Pachnanda, Director NCBIO. He has proved his letter as Ex. DW 1/C. This witness was cross examined by Ld. Sr. PP and he categorically stated in his cross examination that files mentioned at serial No. 6 to 10 of DW 1/C were not available in the section. The perusal of Ex. DW 1/C shows that the files mentioned at serial No. 6 to 10 are the files of the 5 NGO's in question in the present case. Ex. DW 1/D is the reply of the Ministry to the effect that the above said files are not available in the section. DW 1 has further stated that these files were never in existence and have been fictitiously created. This witness has also stated that he came to know that these files were never in existence as he was the presenting officer in the departmental inquiry against the accused.

83. The entries with regard to the aforesaid 5 NGO's in the SCD-1 registers were sent for GEQD opinion. However, opinion could only be given in respect of Q 35/1 to Q 35/3 which is an entry in respect of NGO Aparna Sanskritik Sansthan, Lucknow which is in the hand writing of accused Brijesh Kumar Mishra. It is opined by PW 18 GEQD in his opinion Ex. PW 18/A that at point Q 35/2 initially Samaj Vikas was written which became apparent when it was dispehered and it was changed to Aparna Sanskritik at point Q. 35/1. It is also opined by PW 18 GEQD that at point Q 35/3 that Meerut has been changed to Lucknow and as per the opinion all the changes are in the hand of accused B.KI. Mishra.

84. PW 3 has deposed that he was on leave from 23-11- Contd....

2002 to 29-12-2002 though this period of his leave has been challenged by accused Brijesh Kumar Mishra but he has failed to substantiate the same. PW 3 further deposed that accused Brijesh Kumar Mishra was the section officer from September, 2002 up till February 2003. He further deposed that in his absence either the section officer used to look after his work or used to mark it to some dealing assistance. He has categorically deposed that he had not dealt with the file regarding grant in aid to these 5 NGO's and that the files in respect of the NGO's were never put up before the screening committee for consideration to which there is no serious challenge in the cross examination.

85. So, now it can be safely held that the above said 5 NGO's in question were creation of accused Brijesh Kumar Mishra and they were not in existence and never came up for consideration before the screening committee and PW 17 has categorically stated that the name of the above said NGO's were never recommended by the Directorate of Social welfare UP to Central Government for grant in aid.

86. PW 10 Sh. R. Radha Krishnan has deposed that he had taken over the charge of SCD-1 Section in October 2002. According to this witness the sanction order is prepared by the section officer and thereafter the dealing hand through the section officer submits the sanction order for signature of the Deputy Secretary. According to this witness the sanction order alongwith bill and the bond submitted by the NGO is then sent to DDO by Contd....

the section officer where cheque will be prepared favouring either in the name of NGO if the same is local or in the name of bank for preparation of demand draft in case NGO is out stationed. Cheque or demand draft were then collected by the section and forwarded to the concerned NGO under the signatures of section officer.

87. According to this witness the grant in aid sanction order Ex. PW 3/F1 to Ex. PW 3/F5 does not bears his signatures. This witness has not been cross examined and his testimony has gone un-rebutted and unchallenged.

88. The diary number mentioned in these 5 sanction orders relates to the files pertaining to some other NGO's and not to the 5 NGO's in question as deposed by PW 19 Lokesh Jha. Meaning thereby files relating to some other NGO's were dealt with against the diary number mentioned in the sanction order Ex. PW 3/F1 to Ex. PW 3/F5. So there was no grant in aid sanction orders in respect of the above said 5 NGO's in question in this case.

89. After the completion of the documentation for grant in aid the file was then sent to the D.D.O by the section officer who in turn sends it to Pay & Accounts Officer for issuance of drafts or cheque. In the present case 2 grant in aid bills namely one in the name of Kapishvar Nath Education Society, Lucknow, U.P and the other in the name of Amit Gram Vikas Sansthan, Varansi were filled in by accused B.K. Mishra. His hand writing has been confirmed at point Q 17 and Q 23 on Ex. PW 1/G and PW 1/J Contd....

respectively by the G.E.Q.D.

90. The amount of Rs. 4,33,125/- in Ex. PW 1/H which is data in put sheet at point Q 19 is in the hand of accused Brijesh Kumar Mishra and further utilization certificate which is Ex. PW 3/H bears the hand writing of accused Brijesh Kumar Mishra at point Q 21 and Q 22. Similarly in respect of Amit Gram Vikas Seva Sansthan of which grant in aid bill is Ex. PW 1/J, the same has been filled in by the accused Brijesh Kumar Mishra. On Ex. PW 1/K which is data in put sheet, amount of Rs. 5,17,725/- is in the hand of accused Brijesh Kumar Mishra as per the opinion of the GEQD and on Ex. PW 3/J which is utilization certificate, the same has been filled in by the accused Brijesh Kumar Mishra and his writing has been confirmed in Q 27 and Q 28 by G.E.Q.D.

91. PW 4 in his testimony has categorically stated that he had passed the 4 cheques i.e. ex. PW 4/E, PW 4/F, PW 4/A and PW 4/C after the same were prepared by the cheque writer. He further stated that necessary documents in respect of the 4 chques i.e. Grant in aid bill, data in put sheet, and utilization certificate which is signed by accused Brijesh Kumar Mishra and the sanction order were checked by one Kiran Singh and who submitted the documents alongwith the expenditure control register. According to this witness, thereafter he signed the cheque after the same was prepared by the cheque writer. His testimony had gone unrebutted and unchallenged as no cross examination was done.

92. So in this manner 3 cheques were got prepared on the Contd....

basis of the documents in the name of State Bank of Patiala for the preparation of 4 demand drafts in the name of 4 NGO's and the 4th cheque for Rs. 4,15,0968/- was prepared in the name of Integrated Institute of Management.

93. PW 2 Sooraj Bhan, section officer has deposed about the procedure as to how the drafts are then prepared. According to this witness after the receipt of the documents i.e. cheque duly signed by the accounts officer, draft letters duly singed by the DDO of the concerned section and the computerized slip showing the amount for which the DD are to be prepared. Thereafter a letter is prepared by the DDO on which these computerized slips are affixed. According to this witness Ex. PW 2/A, Ex. PW 2/B and Ex. PW 2/C which are letters dated 12-12- 2002 and 17-12-2003 respectively were prepared by him for sending the same to the State Bank of Patiala for preparation of amount of drafts mentioned in the computerized slips affixed on these letters.

94. According to PW 7 on the request of the Ministry of Welfare vide their demand draft application Ex. PW 2/D, Ex. PW 2/E, Ex. PW 2/F and Ex. PW 2/G, he prepared 4 demand drafts. The statement of account Ex. PW 7/E bears resepecive debit entry pertaining to 4 cheques Ex. PW 4/A and Ex. PW 4/C, ex. PW 4/D and Ex. PW 4/E. Schedue cum register of issued draft Ex. PW 7/F bears the detail of 4 demand drafts issued in favour of NGO's in question. This witness has also not been cross examined like PW 2 and his testimony has also gone unrebutted Contd....

and unchallenged.

95. According to PW 4 all the 4 cheques which included the cheque in favour of Integrated Institute of Management were forwarded to the section officer cash section for necessary action. It has already been observed hereinabove in the judgment that on the basis of the cheques 4 demand drafts in the name of 4 NGO's in question in this case were prepared.

96. According to the prosecution, the cheque in the name of Integrated Institute of Management was handed over by accused B.K. Mishra to co-accused Ajit Tiwari who is his brother-in-law.

97. Now it is to be seen how the cheque bearing No. 064267 drawn in favour of Integrated Institute of Management was en- cashed by accused Ajit Tiwari . According to the prosecution, account No. 784328 was opened in Noida branch of ABN AMRO Bank in the name of Integrated Institute of Management C-642, Sarita Vihar, New Delhi and one Mr. Prateek Singhal was authorized to operate the account.

98. The prosecution has examined PW 5 Yash Khandoori, branch operation manager of the bank who has proved the account opening form as Ex. PW 5/C. He also proved on record board resolution dated 10-12-2002 under the signature of S. Ram which is Ex. PW 5/D, photocopy of driving licence mark X, form No. 60 Ex. PW 5/E and photocopy of registration certificate of society as mark X-1. He has also proved on record the statement of account as Ex. PW 5/F. According to this witness the amount was withdrawn vide cheques Ex. PW 5/G, PW 5/H, PW 5/J, PW Contd....

5/K and PW 5/L.

99. So now there is no dispute to the opening of the bank account in the ABN AMRO Bank branch Noida. But this account has been opened in the name of Prateek Singhal.

100. The perusal of the account opening form shows that it bears the photograph of accused Ajit Tiwari . There is no dispute from the side of the accused that the account opening form does not bears his photograph. The account opening form bears the signatures of Prateek Singhal at point Q 57 on Ex. PW 5/C. The specimen signatures of accused Ajit Tiwari were obtained in the presence of PW 12 and after due comparison with the aforesaid writings at Q 55, Q 57 and Q 58 it was opined by PW 18 GEQD that they have been written by one and the same person. The photographs on the account opening form is that of Ajit Tiwari . The board resolution which is ex. PW 5/D bears signatures of one S. Ram and the same is stated to be in the hand of accused Ajit Tiwari. Alongwith this account opening form a copy of form No. 6 which is Driving License in the name of one S Ram which is Ex. PW 24/A was filed alongwith this account opening form who has introduced the account.

101. According to PW 24, Prateek Singhal was to operate the account of Integrated Institute of Management. This witness has further stated that the account was introduced by S.Ram who had appeared in the bank alongwith his driving licence and photocopy of the driving licence was kept alongwith the account opening form.

Contd....

102. PW 24 has further deposed that the account opening form was verified by Alka Katyal who was working as Customer Service Executive and she has verified that she has seen the original of the driving licence. According to this witness she had permitted Alka Katyal to open the aforesaid account.

103. According to PW 14, he had taken on rent flat No. C- 642 at Sarita Vihar in June 2002 and had remained in its possession till January 2003. Accused Sujit Kumar Tiwari was known to him as brother-in-law of accused Brijesh Kumar Mishra. This witness has categorically stated that Integrated Institute of Management was never in existence at C-642 during his period of occupation. He identified the photograph on the account opening form as that of Ajit Kumar Tiwari and photograph on the driving licence as that of accused Sujit Kr. Tiwari brother-in-law of accused Brijesh Kumar Mishra. This witness has not been cross examined and his testimony has gone unrebutted and unchallenged. So it is apparent that accused Sujit Kumar Tiwari and Ajit Kumar Tiwari are the brother-in-laws of accused Brijesh Kumar Mishra. From the evidence on record it is now apparent that the account number 784328 in th name of Integrated Institute of Management was opened on the basis of false address in the fictitious name and on the basis of forged documents.

104. It has come in the evidence that the cheque in the name of Integrated Institute of Management was deposited in the account No. 784328 of ABN Amro Bank which was withdrawn by Contd....

accused Ajeet Kumar Tiwari impersonating himself as Prateek Singhal.

105. PW 7 Sanjay Kumar, Deputy Manager of State Bank of Patiala has proved on record the statement of account as Ex. PW 7/E and PW 7/F. The perusal of statement of account Ex. PW 7/E shows that a sum of Rs. 4,15,968/- was withdrawn from the Government of India Ministry Account vide cheque No. 064267. This cheque was drawn in favour of Integrated Institute of Management. So, it clearly shows that this amount went in to the account of Integrated Institute of Management.

106. It was contended by the counsel for the accused that Alka Katyal employee of the ABN Amro Bank has filled in the account opening form and as per the opinon of GEQD the person who has filled in the account opening form at point Q 55 has also filled in and signed the cheques Ex. PW 5/G to PW 5/L and withdrawn the amount. It is further contended by the counsel that it was not accused Ajit Kumar Tiwari who had filled in the form because according to GEQD the person whose writing is at Q 55 i.e. the account opening form has also filled in and signed the cheques. This contention of the counsel of the accused is highly misplaced because the perusal of the statement of PW 24 Avnit Hora clearly shows that account opening form which bears the photograph of Prateek Singhal i.e accused Ajit Tiwari was filled in the handwriting of Alka Katyal. I have seen the account opening form Ex. PW 5/C. This witness is referring the page which bears the photograph of Prattek Singhal i.e. Ajit Tiwari and not the Contd....

portion which has been marked as Q 55. I have perused Q 55 and specimen handwriting of accused Ajit Tiwari S 47 to S 80 alongwith other documents alleged to have been written by accused Ajit Tiwari and the writings appears to be one and the same person. So it can be said that the person who has written Q 55 is the same person who has written and signed the cheques and not Alka Katyal as submitted by the counsel for the accused and in this case it is accused Ajit Kumar Tiwari.

107. The perusal of Ex. PW 7/F further shows that the drafts were prepared in the name of Secretary, Aparna Sanskritik Sansthan, (UP) for Rs.4,33,125/-, President, Nav Vikas Samiti, (UP) for Rs. 4,66,875/-, Amit Gram Vikas Sansthan for Rs. 5,17,725/- and Kapishvar Nath Education Society for Rs. 4,33,125/- from the Government account and given to aforesaid fictitious NGO's. So the Government exchequer was defrauded by accused Brijesh Kumar Mishra to the tune of Rs.22,66,818/- lacs.

108. Now the role of accused Sujit Kumar Tiwari is to be seen. As per the allegations accused Sujit Kumar Tiwari has introduced the account and had supplied forged copy of the driving licence by placing his photograph on it. It is also alleged against him that he had appeared in the bank at the time of opening of the account. It is also alleged that he signed the board resolution authorizing accused Ajit Kumar Tiwari who had got opened his account in the name of Prateek Singhal with ABN AMRO Bank. Ex. PW 24/A is the photocopy of the driving licence of one S.Ram Contd....

which bears the photograph of accused Sujit Kumar Tiwari. As far as the photograph is concerned, PW 14 D.C. Singh has stated that the photograph is that of one Sujit Kumar Tiwari who is the brother-in-law of accused B.K. Mishra.

109. According to PW 24 Avneet Hoora introducer S. Ram appeared in the bank alongwith his driving licence but in her cross examination she has stated that none of the parties appeared before her. So there is nothing on record to show that accused Sujit Kumar Tiwari appeared as introducer as S. Ram in the bank. The perusal of the board resolution shows that it has been signed by S.Ram. The prosecution has obtained GEQD opinion at point Q 58 on Ex. PW 5/D which is the board resolution and as per the opinion, the signatures are in the hand of accused Ajit Kumar Tiwari.

110. Except the photograph on the driving licence there is nothing on record against accused Sujit Kumar Tiwari. He has not opened the account. He has not withdrawn any amount from the ABN Amro Bank. It is an admitted fact on record that all the three accused persons are related to each other and there is every possibility of misusing the photograph of accused Sujit Kumar Tiwari. So in my opinion, the only evidence against the accused Sujit Kumar is that his photo is appearing on the driving licence which is Ex. PW 24/A. Except this, there is no other evidence against this accused and in my opinion, he is entitled to benefit of doubt. So he is therefore, acquitted.

111. To sum up accused Brijesh Kumar Mishra the then Contd....

section officer conspired with his brother-in-law Ajit Kumar got issued a cheque of Rs. 4,15,968/- in the name of Integrated Institute of Management and thereby caused loss to the exchequer and gain to accused Ajit Kumar Tiwari by forging and fabricating the record and defrauded Ministry of Social Justice and Empowerment, Government of India, Shastri Bhawan, New Delhi.

112. In view of the discussions hereinabove, I am of the opinion that the prosecution has been able to prove its case beyond reasonable doubt against accused Brijesh Kumar Mishra and accused Ajit Kumar Tewari.

113. Accused Brijesh Kumar Mishra is therefore, held guilty for the offence punishable U/s 13 (2) r/w 13 (1) (d) of the Prevention of Corruption Act, 1988, 120-B IPC and U/s 420, 467, 468, 471 IPC.

114. Accused Ajit Kumar Tiwari is held guilty for the offence punishable U/s 120-B IPC and U/s 419, 420, 467, 468 and 471 IPC. Both the accused are convicted accordingly.

115. Accused Sujit Kumar Tiwari is however, acquitted. His bail bond is cancelled and surety discharged. Put up for arguments on point of sentence on 17-09-2010. (Announced in the open Court on 13-09-2010.) (RAJNISH BHATNAGAR) SPECIAL JUDGE 01 CBI ROHINI COURTS : DELHI Contd....

IN THE COURT OF SH. RAJNISH BHATNAGAR SPECIAL JUDGE 01 CBI : ROHINI : DELHI CBI No. : 40/08 RC SI 8/2003/E/0001/CBI/EOU-IV/N.DELHI Central Bureau of Investigation Vs.

1. Brijesh Kumar Mishra S/o Sh. Siddh Nath Mishra Section Officer, SCD-I Section Ministry of Social Justice & Empowerment, Shastri Bhawan, New Delhi.

R/o House No. 24, Sector 5, Chiranjeev Vihar, Ghaziabad, U.P.

2. Ajit Kumar Tiwari S/o Sh. Sarabjeet Tiwari R/o D-3, Chandra Residency, Hukul Ganj, Chauka Ghat, Varansi, U.P. ( Both are convicted)

3. Sujit Kumar Tiwari S/o Sh. Sarabjeet Tiwari R/o D-3, Chandra Residency, Hukul Ganj, Chauka Ghat, Varansi, U.P. (Acquitted) ORDER ON SENTENCE Present : Sh. V.K. Sharma, Ld. Sr. PP for the CBI.

Accused Brijesh Kumar Mishra and Ajit Kumar Tiwari are present on bail.

Sh. Santosh Chaurihaa, counsel for accused B.K. Mishra Sh. R.S. Mishra, counsel for accused Ajit Tiwari Contd....

This order of mine shall be read in continuation of judgment announced on 13-09-2010 whereby accused namely Brijesh Kumar Mishra and Ajit Kumar Tiwari have been convicted.

I have heard the arguments on the point of sentence from both the sides. Ld. Sr. PP Sh. V.K. Sharma submit that maximum punishment be awarded to the convicts.

On the other hand, it is submitted by the Ld. counsel for convict B.K. Mishra that he is a first offender and has a family to support and already remained in J.C for 2 months and has faced the ordeal of trail for the last many years. He prays for the release of accused on probation.

It is submitted by the Ld. counsel for convict Ajit Kumar Tiwari that he is working as engineer and is a first offender having small child and remained in custody for 2 months and faced the ordeal of trial for last many years. He also prays for the release of accused on probation.

Having regard the facts and circumstances of the case, convict Brijesh Kumar Mishra is sentenced to undergo RI for three years with fine of Rs. 75,000/- for the offence U/s 13 (2) r/w 13(1)

(d) of the Prevention of Corruption Act, 1988 and in default of payment of fine, six months Simple Imprisonment.

Further convicts Brijesh Kumar Mishra and Ajit Kumar Tiwari are sentenced to undergo RI for three years with fine of Rs. 5000/- each for the offence U/s 120-B of Indian Penal Code and in default of payment of fine, six months Simple Imprisonment each.

Contd....

Convict Brijesh Kumar Mishra and convict Ajit Kumar Tiwari are also sentenced as follows :-

1. To undergo RI for two years with a fine of Rs. 2000/-

each for the offence U/s 420 IPC. In default of payment of fine, further SI for one month each.

2. To undergo RI for three years with fine of Rs. 10,000/-

each for the offence U/s 467 IPC, in default of payment of fine SI for six months each.

3. To undergo RI for two years with fine of Rs. 5000/- each for the offence U/s 468 of IPC, in default of payment of fine SI for three months each.

4. To undergo RI for one year with fine of Rs. 3000/- each for the offence U/s 471 of IPC, in default of payment of fine SI for one months each.

Further accused Ajit Kumar Tiwari is also sentenced to undergo RI for one year with fine of Rs. 10,000/- for the offence U/s 419 IPC, in default of payment of fine SI for 2 months.

All the sentences shall run concurrently. The benefit of set off U/s 428 of Cr.P.C be also given to convicts. Copy of judgment and Order on Sentence be given to the convicts free of cost. File be consigned to the Record Room.

An application has been moved on behalf of convicts Brijesh Kumar Mishra and Ajit Kumar Tiwari U/s 389 Cr.P.C. seeking suspension of sentence till the filing of appeal stating therein that they intend to prefer an appeal against the judgment and order on sentence. It is stated by the counsels for the convicts Contd....

that they have been sentenced to imprisonment for a term which are not exceeding three years in any of the offence. Therefore, they deserve to be released on bail after suspending their sentence.

Heard. The sentence of the convicts Brijesh Kumar Mishra and Ajit Kumar Tiwari shall remain suspended for one month from today on furnishing personal bond / surety bond for a sum of Rs. 20,000/- each with one surety of the like amount. PB / SB on their behalf furnished and the same are accepted. Fine imposed on both the convicts also stands deposited.

Announced in the open Court on 17-09-2010.

(RAJNISH BHATNAGAR) SPECIAL JUDGE 01 CBI ROHINI COURTS : DELHI Contd....

51 CBI No. 40/08

CBI Vs. Brijesh Kumar Mishra Etc. 17-09-2010 Present : Sh. V.K. Sharma, Ld. Sr. PP for the CBI Convicts Brijesh Kumar Mishra and Ajit Kumar Tiwari are present on bail.

Sh. Santosh Chaurihaa, counsel for convict B.K. Mishra Sh. R.S. Mishra, counsel for convict Ajit Tiwari.

Vide separate order on sentence of even date, convict Brijesh Kumar Mishra is sentenced to undergo RI for three years with fine of Rs. 75,000/- for the offence U/s 13 (2) r/w 13(1) (d) of the Prevention of Corruption Act, 1988 and in default of payment of fine, six months Simple Imprisonment.

Convict Brijesh Kumar Mishra and convict Ajit Kumar Tiwari are also sentenced as follows :-

1. To undergo RI for two years with a fine of Rs. 2000/-

each for the offence U/s 420 IPC. In default of payment of fine, further SI for one month each.

2. To undergo RI for three years with fine of Rs. 10,000/-

Contd....

each for the offence U/s 467 IPC, in default of payment of fine SI for six months each.

3. To undergo RI for two years with fine of Rs. 5000/- each for the offence U/s 468 of IPC, in default of payment of fine SI for three months each.

4. To undergo RI for one year with fine of Rs. 3000/- each for the offence U/s 471 of IPC, in default of payment of fine SI for one months each.

Further accused Ajit Kumar Tiwari is also sentenced to undergo RI for one year with fine of Rs. 10,000/- for the offence U/s 419 IPC, in default of payment of fine SI for 2 months.

All the sentences shall run concurrently. The benefit of set off U/s 428 of Cr.P.C be also given to convicts. Copy of judgment and Order on Sentence be given to the convicts free of cost.

The sentence of the convicts Brijesh Kumar Mishra and Ajit Kumar Tiwari has been ordered to remain suspended for one month from today on furnishing personal bond / surety bond for a sum of Rs. 20,000/- each with one surety of the like amount. PB / SB on their behalf furnished and the same has also been accepted. Fine imposed on both the convicts also stands deposited.

File be consigned to the Record Room.

(RAJNISH BHATNAGAR) SPECIAL JUDGE 01 CBI ROHINI COURTS : DELHI 17-09-2010 Contd....

Contd....

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The Present Case Was Registered On The ... vs Brijesh Kumar Mishra S/O Sh. Siddh Nath ... on 17 September, 2010