Delhi District Court
Central Bureau Of Investigation vs . on 9 July, 2012
IN THE COURT OF SH.R P PANDEY; SPECIAL JUDGE-01 (CBI)
ROHINI COURTS:DELHI
CBI No.16/08
RC BDI/2006/CBI/E/0007/BS&FC/N.DELHI
U/S 120-B r/w Section 420/468/471 IPC
& 13(2) r/w Section 13 (1)(d) of P.C.Act, 1988
ID NO.02404R000552008 (NTPC CGHS)
Central Bureau of Investigation
Vs.
1.Sushil Kumar Sharma, s/o Sh.Madan Lal Sharma r/o Village Lalsa, Post Dansa, Tehsil Rampur Bushar, Distt.Shimla, HP
2. Anna Wankhade, s/o Sh.Parnuji , 148-E, A-2, Mayur Vihar Phase-III, Delhi-96
3. Sri Chand, s/o Late Hari Singh r/o 274-A, Pocket C, Mayur Vihar Phase-II, Delhi
4. Gopal Singh Bist s/o Sh.Inder Singh Bist CBI Case No.16/08 CBI Vs. Sushil Kumar Sharma etc.(NTPC CGHS) Page No.1 of 30 r/o Quarter No.225, Sector-XII, R.K.Puram, New Delhi
5. Ved Pal Singh s/o Late Hukam Singh, r/o Flat No.551, Sunehari Bagh CGHS Sector-13, Rohini, Delhi-85
6. Prahalad Kumar Thirwani s/o Late Moti Ram Thirwani r/o 348-E, Pocket 2, Mayur Vihar, Phase-I, Delhi-91 Date of filing charge sheet : 22.09.06 Reserved for Order : 07.06.12 Date of Order : 09.07.12 ORDER ON CHARGE:
1. As borne out from records, briefly the NTPC Employees Cooperative Group Housing Ltd. (for short NTPC CGHS) was registered with office of Registrar Cooperative Societies (for short RCS) on 26.12.83 vide registration No.1163(GH) with 258 promoter members. The file remained dormant from July, 1994 to August, 2001. Sushil Kumar Sharma (A.1) entered into a criminal conspiracy with Ved Pal Singh (A.5), the then Assistant Registrar and Gopal Singh Bist (A.4), the then Dealing Assistant, both in the office of RCS and in pursuance of the said conspiracy, Sri Chand (A.3) and Anna Wankhede CBI Case No.16/08 CBI Vs. Sushil Kumar Sharma etc.(NTPC CGHS) Page No.2 of 30 (A.2) dishonestly and fraudulently prepared false/forged proceedings and register of members of the society. Those documents were produced by Sushil Kumar Sharma (A.1) in the office of RCS for the purpose of approval of final list of members to be sent to DDA for allotment of land. Ved Pal Singh (A.5) and Gopal Singh Bist (A.4) abused their official position and recommended final list of the members for approval without verification. P.K.Thirani (A.6), Auditor in the office of RCS conducted audit of the society on 30.09.02 for the period from 1988-89 to 2001-02. P.K.Thirwani (A.6) submitted false audit report without visiting the registered office of the society. Said audit is shown to has been conducted at 183, Andrews Ganj, New Delhi which was not the registered office of the society. The audit report bears signatures of Surender Pratap Singh, as Treasurer and A.K.Singh as President, which signatures were forged one.
Aforesaid officials got the list of membership approved from RCS which was sent to DDA for allotment of land on 08.11.02.
2. Sanction to prosecute accuwed Gopal Singh Bist (A.4) and Prahlad Kumar Thirwani (A.6) as contemplated by Section 19 of the Act has been received and filed. Ved Pal Singh (A.5) has retired from government service, hence no sanction was needed to prosecute him, as contemplated by CBI Case No.16/08 CBI Vs. Sushil Kumar Sharma etc.(NTPC CGHS) Page No.3 of 30 section 19 of the Act.
3. Arguments advanced by Ld.Public Prosecutor for CBI and the Ld. counsels for accused persons have been heard on charge and written argument as filed on behalf of accused No.5 Ved Pal Singh has been perused vis-a-vis the charge sheet, statements of witnesses u/s 161 Cr.PC and documents relied upon by the CBI.
4. Ld. Public Prosecutor has taken the court through the entire charge sheet and the documentary and the oral evidence arrayed by the prosecution to prove the charge against each of the accused persons to show that there is sufficient evidence to frame charge against all accused persons.
5. Sh.S.K.Bhatnagar, Ld. Counsel for accused Sushil Kumar Sharma (A.1) and P.K.Thirwani (A.6) has submitted that there is no evidence available against both these accused persons, whatsoever, of being part of any criminal conspiracy or having committed any forgery. He has submitted that even GEQD opinion is silent about the specimen handwriting/signatures of accused Sushil Kumar Sharma (A.1) sent to CFSL alongwith questioned CBI Case No.16/08 CBI Vs. Sushil Kumar Sharma etc.(NTPC CGHS) Page No.4 of 30 handwritings/signatures. He has submitted that there is no violation of any provisions of DCS Act and Rules by P.K.Thirwani (A.6) while conducting audit of the society. He has submitted that accused No.1 and accused No.6 deserve discharge for want of sufficient evidence.
6. Sh.Abhishek Prasad, Ld. Counsel for accused Anna Wankhede (A.2) has conceded for framing of charge against accused Anna Wankhede.
7. As regards accused Sri Chand (A.3) & Gopal Singh Bist (A.4), their Ld. Counsel Sh.R.P.Shukla has submitted that there is no evidence available against Sri Chand (A.3) for forging any handwriting or signatures in the documents submitted to RCS for approval of freeze list of NTPC CGHS and even the GEQD opinion is silent regarding his specimen handwriting sent to GEQD for opinion alongwith questioned handwriting/signatures. He has submitted that there is no evidence to show that accused Sri Chand (A.3)was involved in the criminal conspiracy in this matter.
8. As regards accused Gopal Singh Bist (A.4) he has submitted that accused Gopal Singh Bist was performing his duty as Dealing Assistant by CBI Case No.16/08 CBI Vs. Sushil Kumar Sharma etc.(NTPC CGHS) Page No.5 of 30 simply putting up a note on the basis of documents supplied to him by the society and the inspection report was submitted by him after due verification in the society office and , therefore, he also cannot be said to be involved with the alleged criminal conspiracy or causing any pecuniary gain to himself or any other person.
9. As regards accused Ved Pal Singh (A.5) his Ld. counsel Sh.Anil Kumar has orally argued and also filed written arguments. He has submitted that accused Ved Pal Singh was on medical leave/bed rest during 29.06.02 to 30.09.02 as he had suffered with heart attack and undergone surgery on 07.07.02 and had joined duties only on 01.10.02 and retired on 31.12.02. Ld. Counsel for accused Ved Pal Singh (A.5) has further submitted that accused is innocent and has been falsely implicated by CBI without availability of any evidence.
10. Since the Ld. Counsels for the accused persons, except accused Anna Wankhede (A.2), have urged for their discharge on the ground of insufficiency of evidence to frame charge against them, we will now glance at the factual matrix of the case in the light of the evidence, oral as well as CBI Case No.16/08 CBI Vs. Sushil Kumar Sharma etc.(NTPC CGHS) Page No.6 of 30 documentary, arrayed by the prosecution to prove its case against accused persons.
11. As per the charge sheet, NTPC Employees CGHS Ltd. was registered with office of RCS on 26.12.83 vide registration No.1163(GH) with 258 promoter members. The Management Committee of the society was formed, at the inception of the society, with Mr.Kamlesh Gulati as its Secretary and Mr.Om Parkash Khorwal as its President. The election of the society was held on 05.07.90 in which 14 members were elected to the Management Committee with Sh.Om Prakash Khorwal as its President and Sh.Ravinder Singh as its Secretary which was intimated to the office of RCS vide letter dated 23.07.90. Sh.Ravinder Singh, the then Secretary of the society sent a letter to the RCS on 02.11.92 for approval of 45 enrollments and resignations which was not approved by RCS and he was directed to produce record of the society. The society did not respond to the letters of RCS office. Subsequently, a show cause notice was also issued to the society on 08.01.93 to which also the society did not respond and it became dormant since 1992.
12. During 2002-2005 Sh.H.C.Gupta (since expired) and accused CBI Case No.16/08 CBI Vs. Sushil Kumar Sharma etc.(NTPC CGHS) Page No.7 of 30 persons herein entered into a criminal conspiracy with an object to cheat DDA for allotment of land in the name of NTPC Employees CGHS and in pursuance to the said criminal conspiracy accused Gopal Singh Bist (A.4), Ved Pal Singh (A.5) & P.K.Thirwani (A.6) in their capacity as Dealing Assistant, Assistant Registrar (South) and Sr.Auditor respectively , by corrupt and illegal means abused their official position, pursuant to which accused Gopal Singh Bist (A.4) and Ved Pal Singh (A.5) processed the file of NTPC employees CGHS Ltd. on the basis false and forged documents to enable the society to get allotment of land from DDA and accused P.K.Thirwani had given a false audit report being Auditor of the society.
13. Accused Sri Chand (A.3) had his office at Flat No.304-A, Pocket-C, Mayur Vihar Phase-II, Delhi during 1997 to 2005 from where he functioned as Consultant to various Cooperative Group Housing Societies and was preparing/getting prepared the documents pertaining to the societies on his computer at his office. He had also engaged Sushil Kumar Sharma (A.1) and Anna Wankhede (A.2) for assisting him in preparing the documents of the society and later on submitting the same to Govt.offices and RCS. CBI Case No.16/08 CBI Vs. Sushil Kumar Sharma etc.(NTPC CGHS) Page No.8 of 30
14. In furtherance of the criminal conspiracy accused Sushil Kumar Sharma (A.1) and Anna Wankhede (A.2) had prepared false/forged documents on the directions of Sri Chand (A.3) and antedated forged MC meetings dated 25.07.84, 20.01.85, 15.06.89, 05.09.90 & 15.10.90 showing false resignations of 247 promoter members, forged MC Meetings dated 05.06.89, 10.06.89 and 20.06.89 showing enrollments of false/fictitious members, GBM dated 21.10.83, Special GBM dated 05.07.90 and 25.08.02 pertaining to the false elections, forged Membership Register, forged Membership applications of Promoters and fictitious/false members, their false affidavits , cash receipts and other related documents during the year 2002. In the election purportedly held on 25.08.02, fictitious/false MC Minutes were prepared showing election of Anna Wankhede as President, Smt.Asha Sharma as Vice President, Sushil Kumar Sharma as Secretary and Surender Pratap Singh as Treasurer and Smt.Poonam as Executive member. False enrollments and false resignations were shown and accepted ante dated and other relevant documents were got prepared to show the existence of the society. False resignation letters and membership applications of promoter members were also prepared and false enrollments of 77 fictitious/false members were got prepared alongwith the false affidavits in the name of 13 promoter members and 77 false/fictitious members and the CBI Case No.16/08 CBI Vs. Sushil Kumar Sharma etc.(NTPC CGHS) Page No.9 of 30 same were submitted in the RCS office by S.K.Sharma (A.1) as per RCS records, for approval of list of 115 members of NTPC Employees CGHS Ld.
15. In furtherance of aforesaid criminal conspiracy Gopal Singh Bist (A.4) , the then Dealing Assistant of south zone of RCS office on 25.09.02 had suo moto initiated noting in reference to the previous letter dated 05.09.01 and put up a reminder letter to Sh.Yogi Raj, the then Asstt.Registrar which was signed by him and sent to the society for producing the record for verification. In response to this letter S.K.Sharma (A.1) dishonestly and fraudulently claiming himself to be the Secretary of the society submitted a letter dated 28.09.02 wherein he requested for some time so as to prepare the documents and informed that the registered office of the society had been changed to 183, Andrews Ganj, New Delhi. This letter was accepted by Gopal Singh Bist (A.4) and Ved Pal Singh (A.5) with dishonest intention in pursuance of the criminal conspiracy between all accused persons.
16. In furtherance of the said criminal conspiracy, on the request of S.K.Sharma (A.1) purported to be Secretary of the society, P.K.Thirwani (A.6), Sr.Auditor of RCS office was nominated by Sh.J.S.Sharma, AR (Audit) to CBI Case No.16/08 CBI Vs. Sushil Kumar Sharma etc.(NTPC CGHS) Page No.10 of 30 conduct the pending audit of the society on 30.09.02 for the period of 1988-89 to 2001-02 i.e. for 14 years and P.K.Thirwani, Sr.Auditor (A.6) conducted the audit of the society from 01.10.02 to 04.10.02 and submitted a false audit report for a period of 14 years i.e. from 1988-89 to 2001-02 without visiting the registered office of the society in contravention of the DCS Rules, although the audit was shown to have been conducted at 183, Andrews Ganj, New Delhi, which was not the registered office of the society. This audit report had shown the signatures of Sh.Surender Pratap Singh as Treasurer and signatures of Sh.A.K.Singh as President which are forged signatures and there was a difference between cash balance shown by P.K.Thirwani (A.6) in the audit report and the balance in the bank statement of account of the society as maintained with Delhi State Cooperative Bank, Daryaganj, New Delhi.
17. In furtherance of the aforesaid criminal conspiracy, S.K.Sharma (A.1) dishonestly and fraudulently, claiming himself to be the Secretary of the society had submitted an affidavit stating the status of the society as on 18.10.02 indicating the particulars of 245 false resignations and enrollments of 77 fictitious/false members since the date of inception till 2002, duly notarized by Sh.C.B.Arya on 18.10.02. In furtherance of criminal CBI Case No.16/08 CBI Vs. Sushil Kumar Sharma etc.(NTPC CGHS) Page No.11 of 30 conspiracy S.K.Sharma (A.1) again appeared in the RCS office on 29.10.02 and submitted false/forged documents for approval of final list of 115 members. These false/forged documents included membership applications, cash receipts pertaining to refund of share money to the resigned members, affidavits in the name of members and copies of MC/GBM effecting the enrollments, resignations and elections and other related documents. About 49 promoter members who were examined by CBI have denied their resignations and disowned their signatures on GBM/MC register, Membership Register-I and on applications of membership , resignation letters, cash receipts in their names and other related documents.
18. In furtherance of the said criminal conspiracy Gopal Singh Bist (A.4), the then Dealing Assistant put up a note and Ved Pal Singh (A.5) the then Assistant Registrar (South) has accepted the above said false/forged documents on 29.10.02 and directed the society to furnish the original records of the society. S.K.Sharma (A.1) again appeared on 30.10.02 in the office of RCS along with the records of the society for verification which were shown to be verified and counter checked and found to be in order by Gopal Singh Bist (A.4) which was approved by accused Ved Pal Singh (A.5) being AR and he was further directed CBI Case No.16/08 CBI Vs. Sushil Kumar Sharma etc.(NTPC CGHS) Page No.12 of 30 to put up the case for approval of final list of 115 members for onward transmission to DDA for allotment of land. These forged documents have been dishonestly and fraudulently accepted without any cross checking with RCS records by Gopal Singh Bist (A.4), the then Dealing Assistant and Ved Pal Singh (A.5), the then AR (South) who was the first rank officer whose responsibility was to ensure that the facts recorded in the note of Gopal Singh Bist (A.4) , Dealing Assistant was accurate, despite large number of inaccuracies contained in the documents submitted by S.K.Sharma (A.1) vis-a-vis the RCS records, the same was accepted by Accused Nos. 4 & 5 in criminal conspiracy between them and the other accused persons. It is also pertinent to note that Gopal Singh Bist (A.4), who was Dealing Assistant/Inspector in the RCS office had carried out the inspection of the society on 30.10.02 and had submitted a false inspection report which was accepted by Ved Pal Singh (A.5), the then Asstt.Registrar (South).
19. In furtherance of criminal conspiracy Gopal Singh Bist (A.4) through Ved Pal Singh (A.5) put up the case for approval of final list of 115 members and for onward transmission of the same to DDA for allotment of land, containing various discrepancies such as the fact that affidavits were submitted CBI Case No.16/08 CBI Vs. Sushil Kumar Sharma etc.(NTPC CGHS) Page No.13 of 30 after a gap of 13 years, which were not submitted alongwith applications while enrolling those persons as per DCS Rules, false notings were made with regard to address verification by Gopal Singh Bist (A.4) and resignation of the members were not intimated to the RCS office. Note prepared by dealing Assistant Gopal Singh Bist (A.4) and put up through Assistant Registrar Ved Pal Singh (A.
5), stated that the zone has verified the documents pertaining to resignations and enrollments and the same are reported to be in order and then Sh.Rakesh Bhatnagar , JR (S) forwarded the proposal to the RCS for consideration which was approved by the then RCS Narayan Diwakar on the same day.
20. Gopal Singh Bist (A.4) had put up the fair letter with list of 115 members of the society on 06.11.02 for submission to AR (Policy) for transmission to DDA for allotment of land which was sent under the signatures of Ved Pal Singh (A.5), the then AR (South). Thereupon Sh.Yogi Raj, the then AR (Policy) had forwarded the list of 115 members to Deputy Registrar (GH) DDA for allotment of land on 08.11.02. On the basis of list sent to DDA by RCS, 6500 sq.meters of land at Dwarka (Delhi) was allotted to the society on 06.12.02. The allotment-cum-offer letter to the society was issued on 03.02.03 CBI Case No.16/08 CBI Vs. Sushil Kumar Sharma etc.(NTPC CGHS) Page No.14 of 30 under the signatures of Sh.Mehar Chand Singhal, the then Deputy Director/GH which was received personally by S.K.Sharma (A.1) from DDA on the same date under the purported authority letter from Managing Committee, whereas he was not the Secretary of the society on that date.
21. Ld. Public Prosecutor has taken the court through the entire evidence arrayed by CBI to prove each and every allegations. She has shown to the court that Mr.Om Parkash Khorwal examined as PW.1 by CBI has stated that he was the first President of the society and actively worked as such till 1987 but subsequently he had become disinterested with the society work. He has also stated that society was formed for the employees of NTPC organization. After seeing the documents, he also stated that resignation letter, membership application, affidavit and his attendance in the MC meeting have been forged. Similarly PW.2 Babu Lal has stated that he was the first Treasurer of the society and was working in that capacity upto 1991 but subsequently he became disinterested. He has also stated that his resignation letter, membership application, affidavit and his attendance in MC meeting is forged. Sh.Kamlesh Gulati , the first Honorary Secretary has been examined as PW.4 and Sh.Ravinder Singh who was subsequently elected as Secretary of CBI Case No.16/08 CBI Vs. Sushil Kumar Sharma etc.(NTPC CGHS) Page No.15 of 30 the society, has been examined as PW.6 . In fact PW.1 to PW.48 are the promoter members and office bearers of the society who had been examined to show that the society was formed with the employees of NTPC only and their resignation letters, membership applications and their attendance in MC meeting had been forged. PW.50 to 55 have been examined to show that they never become members of the NTPC CGHS. Statement of PW.53 is very crucial in nature. He has stated that he never become the member of NTPC CGHS and that membership application, affidavit, resignation letter and his other signatures as Election Officer are forged. He has, however, identified the handwriting of Sushil Kumar Sharma (A.1), Anna Wankhede (A.2) & Sri Chand (A.3).
22. Ms.Shalini Jain, Ld. Public Prosecutor has extensively read over the statement of PW.53 Mohan Lal as recorded by CBI. He stated that he was posted as Section Officer in the office of Chief Administrative Officer, Ministry of Defence and was enrolled as member of Naval Technical Officers CGHS Ltd., and thus came to know about accused Sri Chand who was already a Consultant of the societies and also a member of Naval Technical Officers CGHS Ltd. He stated that he became President and accused Sri Chand became Vice President of the said Naval Technical Officers CGHS Ltd. During CBI Case No.16/08 CBI Vs. Sushil Kumar Sharma etc.(NTPC CGHS) Page No.16 of 30 1997 and Naval Technical Officers CGHS Ltd. had hired 304-A, Pocket C, Mayur Vihar, Phase-II which was made office of the said society. He stated that the said premises belonged to Sh.Satinder Kumar son of Sri Chand and the Naval Technical Officers society used to pay rent of Rs.8,000/- per month to him. He also stated that in the premises accused Sri Chand (A.3) was also occupying his personal office as Consultancy of various societies. He stated to CBI that he used to visit in the office of society at 304A, Pocket C, Mayur Vihar, Phase II, Delhi from 1997 to 2005 for the purpose of maintaining documents of his society where Anna Wankhede (A.2) and Sushil Kumar Sharma (A.1) were working on paid basis for assisting Sri Chand (A.3) in the consultancy work of cooperative group housing societies and they were preparing the society documents and doing all other works as directed by Sri Chand(A.3). He also stated that one Mr.Patras who was brother-in-law of Sri Chand (A.3) was working for preparing tea for the visitors as per directions of Sri Chand. He stated that office of Sri Chand was furnished with Computer/Printer, Fax Machine, Photostat Machine and other office equipments and that he had also written some documents on the asking of Sri Chand by copying the matter supplied to him, in good faith, due to his friendship with Sri Chand. He stated that he had been working with Sri Chand where Anna Wankhede, Sushil Kumar CBI Case No.16/08 CBI Vs. Sushil Kumar Sharma etc.(NTPC CGHS) Page No.17 of 30 Sharma were also working there and he had seen these persons writing and signing in the documents and as such he is acquainted with signatures and handwriting of these persons. On seeing the membership register Vol. I, he stated that his name is shown at membership No.304 but he has been falsely shown as member and his signature is also forged which seems to be in the handwriting of accused Sri Chand (A.3). He stated that although he had been shown as Election Officer in the General Body Meeting of NTPC employees CGHS Ltd. held on 25.08.02 but he never worked an Election Officer. He also saw the said minutes of GBM dated 22.12.02 which were shown recorded in his presence. In this respect he stated that his attendance has been falsely shown there and that he never attended any such meeting. He stated that he knew accused S.K.Sharma (A.1) and Anna Wankhede (A.2) whose names are shown at Sr.No.4 & 10 respectively, who were working with accused Sri Chand at his office and have been assisting him in the consultancy work of Cooperative Group Housing Societies and Mr.Patras was also shown at Sr.No.32, who is brother-in-law (wife's brother) of Sri Chand and was preparing tea for visitors in the office of Sri Chand. He was also shown the membership register Vol. I seized from the society and after seeing the register he stated that printed documents containing details of members was provided by Sri Chand and he CBI Case No.16/08 CBI Vs. Sushil Kumar Sharma etc.(NTPC CGHS) Page No.18 of 30 was asked to fill up the columns during 2001-02 by copying the printed document. He has stated that at Sr.No.1 to 5 and its column Nos. 1 to 3 at page No.02 are in the handwriting of accused Sri Chand and serial and member Nos. 6 to 300, column Nos. 1 to 7 available at page No.02 to 25 were written by him (i.e.PW.53) on the direction of accused Sri Chand.
23. Ld. Public Prosecutor has also drawn attention of the court to para 14 of statement of PW.53 Mohan Lal wherein he made statement after perusal of Management Committee Meeting Register Vol.I, seized by CBI from the society, containing the AGBM and MC Meetings for the period from 21.10.1983 to 24.12.02. He stated that the same was maintained in the office of Sri Chand as per his directions during the period 2000-02 and it was partly prepared by him (PW. Mohan Lal), partly by Sushil Kumar Sharma(A.1), Anna Wankhede (A.2) and Sri Chand himself (A.3) as per the details identified by him as mentioned in para 17 of his statement. He stated that cash book receipts pertaining to member No.101 to 200 dated 21.10.83 were written by him as per the directions and request of Sri Chand (A.3) in good faith during the period 2000-02. He identified handwriting/signatures of accused Anna Wankhede in the documents as detailed in para 16 and signatures/handwritings CBI Case No.16/08 CBI Vs. Sushil Kumar Sharma etc.(NTPC CGHS) Page No.19 of 30 of Sushil Kumar Sharma (A.1) as detailed in para 17 of his statement.
24. Ld. Public Prosecutor has also taken the court through the statement of PW.54 Abhay Kumar Singh who stated that he was teaching computer to the children of Sri Chand (A.3) and he was made member Parvati CGHS by accused Sri Chjand and thus Sri Chand came to know about his personal details. He has stated that he never become member of NTPC Employees CGHS Ltd. and never executed any documents with regard to his membership in the said society and never visited its office and never worked as President or member of Managing Committee of the society at any point of time. He identified signatures against his name in the membership register of said society at Sr.No.300 as forged and name of his mother shown as Smt.Anjali Singh as incorrect. He said that in fact the name of his mother is Smt.Rani Beti. He stated that he never executed documents pertaining to NTPC Employees CGHS Ltd. wherein he was shown inducted as member vide application dated 06.06.89 but he stated that in 1989 he was aged about 15 years and at that time he was studying in Haridwar in class IX and therefore, there is no question of his becoming member of the society. Thus he has stated that his name has been used by accused Sri Chand who was working as CBI Case No.16/08 CBI Vs. Sushil Kumar Sharma etc.(NTPC CGHS) Page No.20 of 30 Consultant without his knowledge because he was aware of his name and address where he was working.
25. Mr.Patras has been examined by CBI as PW.56. He stated to CBI that Sri Chand (A.3) is his brother -in-law having his office at 11 A, Pocket A.2 , Mayur Vihar, Phase III , Delhi and offered him to work in his office. He stated that during the year 1998 Sri Chand had purchased flat No.304A, Pocket C, Mayur Vihar, Phase II, New Delhi and had shifted his office to his house. He also started working as tea vendor at his office where Anna Wankhede (A.2) and Sushil Kumar Sharma (A .1) were also working on payment basis and were preparing and processing the documents pertaining to Group Housing Societies. He stated that he had signed all the papers in good faith over his brother in law Sri Chand as such Sri Chand obtained his signatures in other cases such as Sidha CGHS Ltd. And Vinay Vihar CGHS Ltd. He stated that he never become member of NTPC employees CGHS Ltdd. And never paid any fees and had never executed any document pertaining to resignation or membership. He stated that signatures against Sr.No.301 as member of NTPC Employees CGHS Ltd. In membership register Vol. I is forged. He also stated that name of his wife Smt.Rozi has been shown as nominee against his name whereas he got CBI Case No.16/08 CBI Vs. Sushil Kumar Sharma etc.(NTPC CGHS) Page No.21 of 30 married to Ms. Rozi only on 11.12.99. In the year 1989 he was not married but Sri Chand (A.3) had shown name of his wife Smt.Rozi because he was knowing about his entire particulars. He has also stated that the age of his wife as on 06.06.89 is shown as 20 years but this is false because her year of birth was 1974.
26. Similarly statement of Diwakar Mohod (PW.57) has been recorded by CBI who stated that he was not an employee of NTPC organization and never become member of said society and as such not resigned from it and was not aware of anything about the said society. He stated that he is near relative of Anna Wankhede (A.2) and as such in the year 2000 and onwards he was visiting him frequently at his work place to meet with him as Anna Wankhede used to work in the office of Sri Chand who was Advisor of societies having office at Mayur Vihar, Phase II for this purpose. He stated that in the said office of Sri Chand (A.3), one Sushil Kumar Sharma (A.1) was also working He stated that he never become member or resigned from NTPC Employees CGHS Ltd. He also stated that his name was used by Anna Wankhede (A.2) Sushil kumar Sharma (A.1) and Sri Chand (A.3) for their own benefits as these persons were knowing his name and address and working for cooperative group housing CBI Case No.16/08 CBI Vs. Sushil Kumar Sharma etc.(NTPC CGHS) Page No.22 of 30 societies. PW.57 to 94 have been examined by CBI to show that false and fictitious names of the persons have been used for showing them as members in NTPC Employees CGHS Ltd. They stated that forged and fictitious addresses of the persons as members of the society have been shown as no such persons exist or no such addresses found existing.
27. PW.116 Sh.Alex Toppo has been examined to show that he is owner of 8-B, Masjit Moth, Phase-I New Delhi and at his house no society was running and no one in the name of Gopal Singh Bist from RCS office had visited his house for the purpose of audit/election. He also stated that no such meeting or election dated 28.11.02 or 22.12.02 of NTPC Employees CGHS Ltd. was held at his address.
28. Sh.Chandra Bhan Arya has been examined as PW.117. He has stated that he is Notary Public in Delhi since 20.04.92 but affidavits of S.K.Sharma (A.1) as Secretary of NTPC Employees CGHS were not notarized by him and they are bearing his forged signatures and stamp.
29. Sh.Rakesh Bhatnagar, the then JR in RCS office has been CBI Case No.16/08 CBI Vs. Sushil Kumar Sharma etc.(NTPC CGHS) Page No.23 of 30 examined as PW.124 and Sh.Yogi Raj, AR (Policy) has been examined as PW.
125. Sh.Ramesh Chandra, then AR has been examined as PW.131 who has stated that Sri Chand was visiting RCS office during 2001-2004 frequently and it was an impression with the RCS office that he is providing the consultancy services to the Group Housing Societies. PW Ramesh Gupta has been examined as PW.138 who was working as LDC in the office of DDA. He has stated that allotment letter of land dated 03.02.03 addressed to Hony.Secretary/President of NTPC Employees CGHS Ltd., B-8, Masjid Moth, DDA Flats, Phase-I, New Delhi was received at his table for dispatch and it was marked on the top of letter 'to send through Registered AD' and as such after the dispatch formality, but before he could send the same to R & D Branch for sending it through registered mode, he received order from Director (Land) who had ordered him to hand over the letter to the particular person, if he is having the authority letter for collection of letter. In compliance of this order he had handed over one copy of demand cum allotment letter to S.K.Sharma (A.1) and obtained his signatures in the front page of this letter. He also stated that he identified his signatures as it was made in his presence. He has also stated that he had collected the authority letter which is available in the file (page 16) and that he had also collected the photo copy of driving license of said CBI Case No.16/08 CBI Vs. Sushil Kumar Sharma etc.(NTPC CGHS) Page No.24 of 30 S.K.Sharma as photo identity proof, which is available in the file.
30. DDA file is D.7 and at page 14 of the same there is allotment letter, which had been received by S.K.Sharma on 03.02.03. The copy of his driving license is at page 15, authority letter is at page 16 and at page 17 there is a letter addressed by S.K.Sharma dated 01.02.03 to the DDA intimating that the office address of the society is 8-B, Masjid Moth, DDA Flats, Phase-I, New Delhi which is signed by S.K.Sharma as Hony.Secretary of the society. The noting file of NTPC Employees CGHS Ltd. as maintained in RCS office is D.1 which shows that the society remained dormant between since 13.06.94 till 05.09.01 on which date a reminder was directed to be issued to society and thereafter there is note dated 24.09.02 of Gopal Singh Bist (A.4), who was Dealing Assistant, for issuance of letter to the society for producing documents/records pertaining to list of members, enrollments/resignations, audit, election and compliance report. It is noted that on 24.09.02 Ved Pal Singh (A.5) was not dealing the file as AR (S) and it was Mr.Yogi Raj who was dealing AR (S) and under whose signature the said letter was issued to the society. The letter was responded by accused S.K.Sharma claiming himself a Hony.Secretary of the society and praying for sometime to complete the records as also informing change of address of CBI Case No.16/08 CBI Vs. Sushil Kumar Sharma etc.(NTPC CGHS) Page No.25 of 30 society from Scope Complex to 183, Andrews Ganj, New Delhi. On recommendation of Gopal Singh Bist (A.4), Ved Pal Singh (A.5) had approved for giving time vide note dated 11.10.02 (D.1 at page 24/N). This was the first date when Ved Pal Singh (A.5) had dealt this file for the first time. The presence of S.K.Sharma, Honorary Secretary has been shown on note dated 18.10.02, 29.10.02 and 30.10.02 (D.1) by Gopal Singh Bist (A.4) who was Dealing Assistant and then he had processed and put up the note dated 31.10.02 (D.1 page 25/B to 38/N) wherein in the first para itself he reported that Inspection report of Area Inspector is placed at page 1416/C whereas the report was made by himself and instead of stating that he had himself inspected and made inspection report, he had given misleading note that inspection report of Area Inspector is placed in the file.
31. We have already seen that witness has stated that Gopal Singh Bist (A.4) never visited the office of society at the given address and thus for the motive, as alleged, he had stated in his note that he verified all the documents and recommended that list of 115 members may be approved and forwarded to DDA for allotment of land. The verification and recommendation was done by the Dealing Assistant concerned i.e.Gopal Singh Bist (A.4) whereupon Assistant CBI Case No.16/08 CBI Vs. Sushil Kumar Sharma etc.(NTPC CGHS) Page No.26 of 30 Registrar concerned i.e. Ved Pal Singh (A.5) had also recommended approval of list of 115 members and sending the same to DDA for allotment of land. The note was then sent to JR who also recommended to the RCS to approve the freeze list for sending the same to DDA for allotment of land. The GEQD opinion is available as D.34 and although the opinion is silent about the handwriting/signatures of Sushil Kumar Sharma (A.1) and Sri Chand (A.3) but we have already seen that there is other evidence available on the record to prove the signatures and writing of S.K.Sharma(A.1) and Sri Chand (A.3) on the forged and fabricated documents, besides their role in cheating, forgery and criminal conspiracy and , therefore, the absence of GEQD opinion in respect of their handwritings cannot be ground for their discharge.
32. The inspection report made by Gopal Singh Bist (A.4) is available at 1417/C in D.2 and intimation about the change of office address given by Sushil Kumar Sharma (A.1) to AR (South) is available at page 1404/C in D.2 besides his affidavit at 1402/C alongwith other documents.
33. D.5/I contains forged list of members and their applications. D.5/II are photo copies of cash receipts and D.5/III are the forged affidavits. D.5/I & CBI Case No.16/08 CBI Vs. Sushil Kumar Sharma etc.(NTPC CGHS) Page No.27 of 30 5/II are having the signatures of Sushil Kumar Sharma verifying their genuineness.
34. D.6 is the audit report prepared by P.K.Thirwani (A.6) which was prepared in violation of DCS Rules without verifying the actual facts which contained the forged and false signatures of President, Secretary and Treasurer of the society.
35. As regards accused Ved Pal, it is not disputed that no role has been attributed to him prior to 01.10.02 when he joined his duties after long medical leave and after 31.12.02 on which date he retired from service as is shown from the file of RCS (D.1). On the day when dealing Assistant Gopal Singh Bist (A.4) had initiated a suo moto note for issuing a reminder to the society. Mr.Yogi Raj (PW.125) was working as AR (South) under whose signature the letter/reminder to the society was issued on 25.09.02 for producing the record for verification. Pursuant to this letter Sushil Kumar Sharma (A.1) self proclaimed Secretary of society had sent a letter dated 11.10.02 wherein he requested for some time so as to prepare the documents and also informed that the registered office of the society has changed to 183, Andrews Ganj, New CBI Case No.16/08 CBI Vs. Sushil Kumar Sharma etc.(NTPC CGHS) Page No.28 of 30 Delhi. It is clear that till this letter was put up on 11.10.02 Ved Pal Singh (A.5) was not in picture as he was not on duty being on medical rest till 30.09.12. The criminal conspiracy between Gopal Singh Bist (A.4) on one hand and private persons on the other, was already hatched by the time Ved Pal Singh (A.5) assumed his duty on 01.10.02, because the reminder was got issued by him to the society under signatures of Sh.Yogi Raj, AR on 25.09.02, after note dated 24.09.02 was approved by the then AR (S). Although the crucial noting dated 31.10.02 was initiated by Gopal Singh Bist (A.4) during the incumbency of Ved Pal Singh (A.5) as Assistant Registrar (South), but there is nothing on record to show that he had taken any extra-ordinary interest in recommending the approval of freeze list of 115 members of NTPC Employees CGHS. Of course, since he was the first rank Assistant Registrar, so it was also his duty to verify the facts and figures before recommending the note of Gopal singh Bist (A.4) to superior officer for approval but he casually recommended the same by writing " x above for kind approval please" without himself doing any checking of records which show his over dependence on Dealing Assistant. To my mind, it could very well expose him to departmental proceedings for dereliction of his official duties but not to the criminal liability under P.C.Act or IPC. I, therefore, discharge accused Ved Pal Singh (A.5) CBI Case No.16/08 CBI Vs. Sushil Kumar Sharma etc.(NTPC CGHS) Page No.29 of 30
36. In above discussion, it has been seen that there is sufficient evidence arrayed by the prosecution to prove the allegations against each of the accused persons except Ved Pal Singh (A.5) and therefore, I direct that the charge be framed against accused Sushil Kumar Sharma (A.1), Anna Wankhede (A.2), Sri chand (A.3), Gopal Singh Bisht (A.4) and P.K.Thirwani (A.
6) u/s 120-B r/w section 420/468/471 r/w section 468 IPC and section 13 (2) r/w section 13 (1)(d)of PC Act and substantive offences against Gopal Singh Bisht (A.4) and P.K.Thirwani (A.6) u/s 13(2) r/w section 13(1)(d) of PC Act, against Sushil Kumar Sharma (A.1) u/s 420/468/471 r/w section 468 IPC, against Anna Wankhede (A.2) and Sri Chand (A.3) u/s 420 & 468 IPC.
37. Ved Pal Singh (A.5) is discharged. His bail bond is cancelled and surety bond stands discharged.
38. It is clarified that nothing in this order shall be taken as comments on the merits of the case.
Announced in the open ( R.P.PANDEY )
Court on 09.07.12 SPL.JUDGE, CBI (01),
ROHINI COURTS, DELHI
CBI Case No.16/08
CBI Vs. Sushil Kumar Sharma etc.(NTPC CGHS) Page No.30 of 30