- (1.) The short question involved in this application is as to whether the Central Bureau of Investigation (hereinafter referred to as CBI) can investigate the matter in respect of the acts of omission and commission committed by the applicant as a public servant in the State of UP, in respect of which S.I.T. is already investigating the matter.
(2.) In order to appreciate the controversy involved in this case certain facts are required to be noted, which are as under:- Applicant while functioning as Chief Engineer in Uttar Pradesh State Industrial Development Corporation (herein after referred to as UPSIDC) is said to be involved in misusing his official position as a result of which four FIRs have been registered against him. The first F.I.R. Bearing Case Crime No. 01 of 2007 was registered on 7.9.2007 at P.S. S.I.T. Lucknow against the applicant and others under Sections 420,467,468,471,201 IPC and Section 13(2) read with Section 13(1)(b) of the Prevention of Corruption Act, 1988. Allegations contained in the said FIR are that applicant along with other officials of the UPSIDC allotted land below the prescribed circle rate. The land was allotted @ of Rs. 2700 per sq. meter while the circle rate was Rs. 5000/- and the market value of the said land was in between Rs.12000/- to Rs. 20,000/- per square meter. Recorded minutes of the meeting were also misplaced. The said allotment was not preceded by an advertisement in the paper nor was the same reflected on the web-site of the department. The process was undertaken to confer undue benefit on selective basis. Investigation in the matter is in progress.
(3.) The second F.I.R. bearing Case Crime No. 2 of 2007 was registered on 10.9.2007 under Section 409,420,467,468,471 IPC read with Section 120-B IPC and Section 13(2) read with Section 13(1)(c) and Section 13(1)(d) of the Prevention of Corruption Act 1988 against the applicant and others with the allegations that an amount of Rs. 20,36,81,380/- have been released in favour of the Contractor without obtaining return bills by accused persons. The bills were released on the instruction and decisions taken by the applicant.;