- (1.) These proceedings have been instituted in public interest by a social activist, who seeks a reference to the Central Bureau of Investigation (CBI) to take up, enquire and register First Information Reports and investigate into the dealings of the ninth respondent, Yadav Singh who was, prior to his suspension, Chief Engineer in New Okhla Industrial Development Authority (NOIDA), Greater Noida Industrial Development Authority (Greater NOIDA) and Yamuna Expressway Authority.
(2.) The ninth respondent joined the service of NOIDA as a Junior Engineer on 17 March 1980 and was promoted as Assistant Project Engineer in 1989. After holding officiating charge as Project Engineer, he was promoted on 28 August 1997 as Senior Project Engineer, following which on 20 September 2002 he was promoted as Chief Maintenance Engineer. Ultimately, he was promoted as Chief Engineer. A First Information Report (FIR) was registered as Case Crime No 371 of 2012 under Sections 409, 420, 466, 467, 469, 471 and 120-B of the Indian Penal Code, 1860 (Penal Code) and under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 on 13 January 2012 at Police Station Sector 39, Noida, Gautam Budh Nagar, against the ninth respondent, one Ramendra, the then Project Engineer and two construction companies by the name of Tirupati Constructions Private Limited and JSP Constructions. It was alleged that within a brief period between 14 December 2011 and 23 December 2011, agreement bonds for the release of moneys were executed in favour of contractors in the amount of Rs 954.38 crores by the Engineering Department of NOIDA. Besides this allegation, it was also alleged that the work of underground wiring in respect of certain projects had been commenced by the contractor before the finalization of the tender document. The FIR alleged a huge revenue loss to NOIDA. The basis of the FIR was a preliminary enquiry report of three officers submitted on 9 June 2012. During the course of the investigation, an application was submitted on 22 October 2012 to the State Government by one Sanjay Jain, a partner of JSP Constructions seeking a transfer of the investigation. Acting on the request, a Government Order was issued on 3 November 2012 by which the investigation was transferred to the Crime Branch of the Criminal Investigation Department (CBCID). The Investigating Officer of CBCID submitted a final report on 3 January 2014 to the court of the District and Sessions Judge, Gautam Budh Nagar. A notice was issued by the court to the informant, R P Singh. The informant stated that he had no objection to the final report being accepted. The District and Sessions Judge, Gautam Budh Nagar accepted the final report by an order dated 27 November 2014.
(3.) At or about the time when the final report was being accepted by the District and Sessions Judge, Gautam Budh Nagar, income tax raids were carried out on 27 November 2014 at the premises of the ninth respondent, following which on 28 November 2014 a team of nearly 100 officials conducted search operations at 20 premises situated in Noida, Ghaziabad and Delhi. There was a seizure of documents, jewellery and cash. On 8 December 2014, a communication was addressed by the Assistant Director of Income Tax (Inv))-II, Noida to the Chairperson of NOIDA stating that during the course of a search and seizure operation of the 'Maccon Infra Group of cases', it was found that huge assets in the form of leasehold land appeared in the balance sheet of as many as 25 private limited companies. The names of the companies in respect of which a disclosure was sought are as follows: 1 - Prajyoti Impex Pvt. Ltd. 2 - Chahat Exim Pvt. Ltd. 3 - Merit Exim Pvt. Ltd. 4 - New Era e-Solutions Pvt. Ltd. 5 - Affe Technologies Pvt. Ltd. 6 - A K D Steels Pvt. Ltd. 7 - Quick Infotech Solutions Pvt. Ltd. 8 - Kinzo Exports Pvt. Ltd. 9 - N M Buildwell Pvt. Ltd. 10 - Business Bay Corporate Parts Pvt. Ltd. 11 - R N Creations Pvt. Ltd. 12 - Sigma Management System Pvt. Ltd. 13 - Ris Fashions Pvt. Ltd. 14 - Power Mech Industries Pvt. Ltd. 15 - Nitya Tradex Pvt Ltd. 16 - K Biological Pvt Ltd. 17 - Daffodil Infra-Agro Projects Pvt Ltd. 18 - Kinzo Infosoft Pvt Ltd. 19 - Kinzo IT Solutions Pvt. Ltd. 20 - Chahat Technology Pvt. Ltd. 21 - K S Ultratech Pvt. Ltd. 22 - Kusum Garments Pvt. Ltd. 23 - Hitchki Creations Pvt. Ltd. 24 - Norvic Design Pvt. Ltd. 25 - Maconns Infra Pvt. Ltd.;