The sessions court on Thursday made it clear that it is not convinced with the Anti-Corruption Bureau’s “mistake” theory in the infamous MPSC scam and rejected the agency’s application seeking closure of the case under B-summary (false case). The court observed that the offence committed cannot be termed a “mistake” and directed the ACB to further investigate the matter and also directed investigators to look into the disproportionate assets of the accused persons.
Special judge V.A. Daulatabadkar recently rejected the final report filed by ACP R.B. Ghadawale of the ACB. The ACP had filed the final report on March 9, 2009, stating that the accused persons in the FIR had not committed any offence — it was a mistake on their part only due to the work pressure at the MPSC. Mr Ghadawale also claimed that the complaint filed by then MPSC secretary, Seema Dhamdere and then ACB ACP Sudhakar Pujari was malicious and false. He then sought closure of the report as B-final.
However, the judge accepted the submission made by senior counsel advocate Raja Thakare in the case, who appeared for Ms Dhamdere and pleaded that there is no malafide or prejudice in lodging the complaint and that there is ample evidence in the case. “The court has not completely rejected the submission made by the ACB (ACP Ghadawale) when stating that the offence committed cannot be called a mistake, but it has also directed the ACB to carry out further investigation in the case and to look into the disproportionate assets of the accused persons,” said Mr Thakare. When contacted, ACP Pujari, who is presently posted in SPU, refused to comment on the matter.
The multi-crore Maharashtra Public Service Commission scam, regarding the wrongful appointment of three brothers Manoj Lohar, Sunil Lohar and Nitin Lohar (sons of retired IPS officer P.T. Lohar) as deputy SPs following the 1997 examination, was unearthed in June 2002. Many senior members of the commission, including chairman Dr Shashikant Karnik, were arrested in the case. Names of some senior IPS officers also cropped up in the probe, and resulted in immediate transfer of then ACB investigation officer and whistleblower — Mr Pujari.
Following a public outcry, the investigation of the scam was to be monitored by the Bombay high court. After this, the inquiry into the appointments was separated from the alleged scam during investigation and the probe was handed over to ACP Vishnu Shinde, who recommended the closure of the inquiry. ACP Pujari opposed the closure of the inquiry and filed a source report to the Centre, pointing out the clinching evidence against the members of the commission, stating that they had committed omission and commission and that the closure was for concealment of evidence.
After Ms Dhamdere supported Mr Pujari’s source report, the government ordered that an FIR be registered. Mr Shinde, who had earlier closed the inquiry, registered the FIR on December 20, 2005 and further investigated the case. However, after he retired in May 2006, the investigation was handed over to Mr Ghadawale, who instead of collecting evidence against the accused, started recording statements against Ms Dhamdere and Mr Pujari. To close the case, Mr Ghadawale on March 9, 2009 filed the final report, which has now been rejected by the court.