JUDGEMENT
ANANT BIJAY SINGH,J. -
(1.) Heard learned counsel for the petitioner and learned counsel for the A.C.B
(2.) The petitioner is apprehending his arrest in connection with the case registered under Sections 420 , 467 , 468 , 471 , 409 , 109 and 120B of the Indian Penal Code and Section 13(1)(c) , 13(1)(d)(2) read with Section 13(2) of the Prevention of corruption Act.
The case of the prosecution is that one Shadik Anwar Rijwi, Deputy Superintendent of Police, A.C.B, Ranchi gave written report address to Officer-In-Charge, A.C.B, Ranchi alleging therein that one complaint was filed by Uttam Kumar before the learned Special Judge, A.C.B, Vigilance, Ranchi and learned Special Judge, Vigilance gave direction by memo no. 34 dated 23.01.2015 and further under letter of the Secretary Cabinet Vigilance Department bearing number 3 dated 08.09.2015 and 28.03.2016 a preliminary enquiry was conducted.
(1) That one professor Dr. Amool Ranjan Singh, petitioner in A.B.A. No. 2863 of 2017 in year 1997 was appointed as senior clinical Psychologist after his appointment 5 increment was given to him without requisite of qualification he was appointed Assistant Professor and then Professor without having requisites qualification was made Director in-charge of Rinpas, Ranchi.
(2) It is further alleged on perusal of document reveals that the Executive Committee second meeting of RINPAS, Ranchi was held on 08.02.1995 on the direction of the Hon'ble Supreme Court for the post of Senior Clinical Psychologist, which is non-teaching post in pay scale of Rs. 4,500-150-5700/- and qualification was M.A. Psychological with three years experience.
3. An advertisement was given in times of India local Hindi Magazine on 18.01.1997 without advertisement number.
On 12.05.1997 to 15.05.1997 interview was held.
It appeared that Dr. Amool Ranjan Singh is only candidate of said interview for the post of Clinical Psychologist and after interview he was selected for the post of Clinical Psychologist.
(3) It is alleged that in the interview board then Director, Dr. K.R. Banerjee and Dr. T.R. Shukla were present for subject specialists. It is alleged that Dr. K.R.Banerjee, Dr. Amool Ranjan Singh working was earlier in Delhi in the same institution and they were known to each other. Further Dr. T.R.Shukla was known to Dr. Amool Ranjan Singh and he was his research guide for Dr. Amool Ranjan Singh during P.H.D. period
(4) It is further alleged that Dr. Amool Ranjan Singh in year 1991 completed P.H.D prior to appointment of has worked in UNDP project Delhi and honorarium of Rs. 15,000/- per month.
(5) It is further alleged that even UNDP project not a government institution. This being project was run by Dr. Vidyasagar Hospital, New Delhi, where Dr. Amool Ranjan Singh was working, where Dr. K.R Banerjee was a director.
In the backdrop of Dr. Amol Ranjan was appointed in RINPAS. It is further alleged this is contrary to direction of this Hon'ble Supreme Court of India.
(3.) It is further alleged that Dr. Amool Ranjan Singh on 01.04.1998 was appointed as Associate Professor which is teaching post and in the meanwhile nomenclature of the post was changed and guidelines of NIMHANS/IHBAS/MCI was not followed.
It is further alleged that on 23.11.2003, Dr. Amol Ranjan was made a professor only after experience of three years as teaching classes of started in year 2000 whereas became professor 10 years teacher experience is required.
(6) It is further alleged that on 27.01.2014 four persons committee conducted the inquiry against Dr. Amool Ranjan Singh and submitted report to the Principal Health Secretary, Government of Jharkhand wherein file relating to appointments in was not available. It is further alleged that in the files of the Health Department on 06.04.2013 Section Officer and under Secretary on the recommendation of the Commissioner, South Chotnagpur then Advocate General whereby recommendation was made to remove Dr. Amool Ranjan Singh and to lodge F.I.R. and the aforesaid fact was in year 2014 was endorsed by the Joint Secretary of Health Principal Secretary, Mr. B.K. Tripathy, the matter was placed Department of Health Minister and then department of Health Minister, Rajendra Prasad Singh, petitioner in A.B.A. No. 2882 of 2017 endorsed and discussed but no action was taken. It is further alleged that on the recommendation by Sri B.K. Tripathy, Principal Secretary, Health Department, Dr. Amool Ranjan Singh was made Director Incharge, this was endorsed by the then Health Minister. ;
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