SHILLONG, May 24: The High Court of Meghalaya has dismissed petitions filed by two individuals who have been named as accused in a case of nepotism, manipulation and corruption in a central government programme at the Regional Centre, National Afforestation and Eco-Development Board (NAEB), Shillong.
The background history of the case emanates from a complaint dated April 5, 2013, filed by one Ratul Rabha who is said to represent an NGO “Nature People for Protection of Forest and Wildlife”, Baghmara, South Garo Hills, before the Commissioner, Central Vigilance Commission, wherein it was alleged that there is presence of nepotism, manipulation and corruption in the Ministry of Environment and Forest programme at the Regional Centre, National Afforestation and Eco-Development Board (NAEB), Shillong.
Records would show that a regional centre of NAEB was set up at the North-Eastern Hill University (NEHU) with jurisdiction over the entire Northeastern region.
In this regard, a Memorandum of Understanding (MoU) was signed by the relevant authorities for a period of five years for such Centre to function.
The centre was mandated to carry out related projects for which, during the period April 1, 2012 to March 31, 2017, Brajesh Kumar Tiwari was made the coordinator while SS Chaturvedi and SK Jha were named as core members of the said regional centre.
The petitioner, Subhasish Das Gupta was appointed as research officer by the Coordinator of NAEB. Another petitioner Dhruba Sharma was also appointed as research officer of NAEB.
The Central Vigilance Commission on receipt of the said complaint had directed the Chief Vigilance Officer, Ministry of Environment and Forests (MoEF) to furnish a factual report on such complaint.
In this manner, from one authority to the other, finally the Vice Chancellor, NEHU who is also the Chairman of the Advisory Management Committee (AMC) of the said centre on receipt of related request, had endorsed the matter to the Pro-Vice Chancellor and Chief Vigilance Officer, NEHU to inquire into the matter and to submit his report.
A preliminary inquiry was conducted by the CBI based on alleged information received from reliable source that some unknown officers of the regional centre, in collusion with unknown others, had committed gross misconduct by illegally appointing as many as five research officers/research fellows and five support staffs on regular payment of monthly remuneration in violation of conditions laid down in the MoU.
There are also allegations of non-implementation of works against sanctioned amounts and the like.
On the basis of the said preliminary enquiry, a regular FIR was lodged and on inquiry, individuals like Brajesh Kumar Tiwari, SS Chaturvedi, , SK Jha , Dhruba Sharma , Subhasish Das Gupta, Niyanta Purkayastha and unknown others were found to be suspected to have committed the offence under Sections 120- B/420/468/471 IPC read with Section 13(2) of the Prevention of Corruption Act, 1988.
On completion of investigation, a final report was placed before the Special Court under the Prevention of Corruption Act with the case being registered as CBI Case No. 4 of 2015.
In course of proceedings, on September 25, 2018, charges under 120-B/420/468/471 IPC read with Section 13(2) of the Prevention of Corruption Act, 1988 were framed against four of the accused persons named in the said report. Since the petitioners were named as accused persons, they had approached the high court.
The high court ruled that the facts and circumstances of the case would reveal that the FIR and the allegations made in the complaint do contain prima facie evidence to establish the complicity of the petitioners to the offence alleged.
The court concluded that the petitioners were unable to make out a case in their favour and, accordingly, their petitions were found to be devoid of merits and the same were dismissed.
