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(xii) It was alleged that that Rakesh Bhatnagar, the then Joint Registrar noted in his note dated December 21, 2003 that the request of A2 was not supported by any documentary evidence, accordingly he advised AR (NW) to obtain copies of registration certificate, liquidation order, registered bye-laws and list of address etc. from the Society.

(xiii) It was alleged that since the original files of the Society were missing from the office of RCS, it shows that A5 and A4 had pre- set mind to get the Society revived on the basis of bogus notes.

(xvii) It was further revealed that on January 7, 2004, Narayan Diwakar (A2) approved the proposal to re-construct the file of the Society on the basis of the record available with the Society and further approved the proposal to appoint Ram Nath, Grade-II Inspector State through CBI v. Anna Wankhede and others (TAJ CGHS LTD.) as inspecting officer to conduct inspection of the records of Society under Section 54 of DCS Act, 1972. But, he did not raise any question about the missing of original files of the Society. The said proposal was recommended and forwarded by A5, A3 and J.S.Sindhu, the then Joint Registrar. But they also did not propose to take any step about the missing files. Even no police complaint was lodged by the RCS officials regarding missing of the files.

(xxvi) It was alleged that A2 deliberately approved the issuance of aforesaid notice without raising any query about the missing files and without counter checking the forged documents submitted by the Society.

(xxvii) It was alleged that accused Faiz Mohd. (A5) conducted the spot verification of members and he submitted a false report on February 16, 2004. It was alleged that while recommending the request of Society under Section 63(3) of DCS Act, 1972, D.N.Sharma (A3) submitted a detail report dated February 20, 2004 on the note sheet stating that Faiz Mohd. had conducted physical verification of the society i.e. 14 members out of 135. It was further alleged that the Society was registered at Sl. no. 135H on June 24, 1972 at the registered address C-156, Minto Road Complex, New Delhi and is functioning from B-3/66, Ashok Vihar, Phase-II, New Delhi since March 16, 1979. He also recorded that the documents pertaining to the membership were produced by the Secretary of the Society for verification and same were counter checked/verified and found in order State through CBI v. Anna Wankhede and others (TAJ CGHS LTD.) and the documents of the Society containing the final list of 135 members have been examined and got verified.

67. Similarly, as per record A2 dealt with the file in question first time on December 16, 2003 when he approved the proposal of his subordinates to issue a circular in order to trace out the missing file. Thereafter, he dealt with the file on January 07, 2004, when he approved the proposal of his subordinates to appoint A4 as inspecting State through CBI v. Anna Wankhede and others (TAJ CGHS LTD.) officer under Section 54 of the DCS Act. Thereafter, he dealt with the file on February 10, 2004 when he passed certain directions to the AR including to conduct the spot verification of membership and submit the report before the next date of hearing. Thereafter, he dealt with the file on March 09, 2004 when he gave personal hearing to the representative of the Society i.e. Mr. V.K. Gulati, Advocate and reserved the matter for order. Finally, he passed the revival order on March 11, 2004. Except that there is no other evidence on record to prove the fact that either A2 was in conspiracy with his subordinates or with accused Anna Wankhede. Mere fact that he dealt with the file on the above said dates being the Registrar of the Cooperative Societies, in the absence of any other cogent evidence, is totally insufficient to prove that A2 was a member of any conspiracy or he acted in furtherance of any such conspiracy.