New Delhi: The Supreme Court on Friday granted protection from any coercive action to a former special secretary of Bihar Public Service Commission (BPSC), charge sheeted as an accused in Srijan scam in which state government funds were allegedly diverted to an NGO.
A bench of Justices R F Nariman and K M Joseph issued notice to the CBI seeking its response on the appeal filed by former Deputy Development Commissioner-cum-CEO of Zila Parishad, Prabhat Kumar Sinha, against the Patna High Court order denying him anticipatory bail in the case.
"Issue notice. No coercive steps shall be taken against the petitioner in the meanwhile", the bench said in its order.
Advocate Shoeb Alam, appearing for Sinha, told the bench that charge sheet has been filed in the matter and there is no requirement of custodial interrogation.
Sinha in his appeal filed through advocate Fauzia Shakil said that he has served in state Administrative Service for over 34 years and has superannuated as special secretary in BPSC on September 30, 2017.
In August 2017, the CBI had taken over the probe into the Srijan scam, in which government funds worth about Rs 1,000 crore were allegedly diverted to the accounts of a non-government organisation.
Sinha's appeal said that false and baseless allegations were made against him for misappropriating government funds which was to be utilised for implementation of schemes under the 13th Finance Commission.
The Petitioner is not named in the FIR but his name has been included as an accused for the first time in Charge sheet...filed by the CBI in FIR lodged in 2017, the appeal said.
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He said that since June 12, 2013 (nearly 2 months after the Petitioner was transferred from the post of DDC -cum-CEO, Zila Parishad), huge amount of government fund -- to be utilized for the implementation of several schemes such as Mukhyamantri Gramodaya Yojna and 13th Finance Commission Yojna --, was misappropriated and diverted into the account of Srijan Mahila Vikas Sahyog Samiti Ltd, (SMVSSL), a cooperative society.
Sinha in his appeal denied the allegations of misappropriation of funds against him and said that the steps taken by the Petitioner were in public interest while holding the post of DDC-cum-CEO, Zila Prishad of Bhagalpur district.
The Petitioner had no knowledge of any diversion or transfer of the amount from the bank account of the 13th Finance Commission Scheme to the account of SMVSSL. All the transactions leading to misappropriation of funds was done by the bankers in violation of the rules and guidelines of the RBI, the appeal further said.
It said, The Petitioner did not have any occasion to disbelieve or doubt the misappropriation by the bank officials as the cheque issued by the Petitioner to the Panchayat, Panchayat Samitis and Zila Parishad was never dishonoured and he was provided with fake bank statements as and when sought from the ban.
PTI
