ASHOK KUMAR NAG @ DR ASHOK KUMAR NAG Vs. STATE OF JHARKHAND THROUGH ANTI-CORRUPTION BUREAU (VIGILANCE)
LAWS(JHAR)-2017-12-90
HIGH COURT OF JHARKHAND
Decided on December 15,2017

Ashok Kumar Nag @ Dr Ashok Kumar Nag Appellant
VERSUS
State Of Jharkhand Through Anti-Corruption Bureau (Vigilance) Respondents

JUDGEMENT

Ananda Sen, J. - (1.) Petitioner apprehends his arrest in connection with Vigilance Police Station Case No.62 of 2016 corresponding to Vigilance Case No.66 of 2016 for allegedly committing the offences punishable under Sections 420, 467, 468, 471, 409, 109, 120B of the Indian Penal Code and Sections 13(1)(c), 13(1)(D)(2) read with Section 13(2) of the Prevention of Corruption Act, 1988.
(2.) It is alleged that the petitioner, who was the Director of RINPAS, Kanke, has defaulcated huge amount after committing grave irregularities and illegalities. The allegation against the petitioner is under several heads. It is alleged that one Dr. Amool Ranjan Singh was involved in making illegal appointments in RINPAS. During inquiry, several illegalities were found and this petitioner, who was the then Director, was informed to take action, but, he did not take any action against such illegal appointments. Further, it is alleged that this petitioner had made Dr. Amool Ranjan Singh as Senior Accountant and thereafter committed grave illegalities in granting annual maintenance contract of the scan machines and the building and made illegal payments to the tune of Rs.13,82,848/-. It is alleged that there is no provision of entering into annual maintenance contract in respect of civil work, but, the said provision was given a go bye by this petitioner. Further, it is alleged that the medicines to the tune of Rs.20,72,038/- were purchased illegally from the firm of this petitioner, which is run in the name and style of Dr. Nag Charity Hospital, Kanke Road, Ranchi. It is alleged that this was also done, brushing aside the norms and the rules. There is allegation of other several irregularities and illegalities, to which the petitioner is a party.
(3.) Learned counsel for the petitioner submits that the entire allegation is absolutely false. He submits that at best the allegations, which can be leveled against the petitioner, is that he did not take appropriate steps against Amool Ranjan Singh, who is the main accused. He further submits that RINPAS is governed by its rules and Bye Laws and as per the said Bye Laws, it is the Managing Committee, which is the supreme authority and, thus, no work has been done by this petitioner alone, so, he cannot be made an accused in this case. He submits that the allegation that the petitioner got the medicines purchased from his firm is absolutely a false allegation as the petitioner is not the owner of Dr. Nag Charity Hospital. It is further submitted that the audit reports by the Statutory Auditors, clearly suggests that there was no illegality and thus, the petitioner is entitled to get the privilege of anticipatory bail.;


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