Allahabad HC rejects CBI officer’s plea to quash enquiry against him

  • | Saturday | 21st April, 2018

(Representational Image)The Allahabad High Court has rejected a CBI officer’s plea to quash a preliminary enquiry (PE) initiated against him by the agency, and also fined him Rs 10,000. The agency had in January registered a preliminary enquiry against Khare after the CBI director gave the nod. The ground on which the registration of the preliminary enquiry has been challenged has “no substance and neither it is sustainable under the law”, it said. “The registration of the preliminary enquiry, therefore, is valid,” it said. The CBI, however, decided to go ahead with the preliminary enquiry.

After hearing the arguments of both the sides, a high court bench noted that Sushanshu Khare had received information regarding “fake employment” of one Vinay Kumar, which was entered into the complaint register. (Representational Image) After hearing the arguments of both the sides, a high court bench noted that Sushanshu Khare had received information regarding “fake employment” of one Vinay Kumar, which was entered into the complaint register. (Representational Image) The Allahabad High Court has rejected a CBI officer’s plea to quash a preliminary enquiry (PE) initiated against him by the agency, and also fined him Rs 10,000. The enquiry was initiated on a complaint by MNC Whirlpool, which alleged that SP Sushanshu Khare of CBI’s Lucknow branch had generated a “false and anonymous” complaint against the company during his stint in Ranchi to allegedly pressurise it into taking back his brother back into service. Khare had some time back shot off internal communications, alleging that a senior CBI officer had tried to exercise influence to help his brother in a bank fraud. The agency had in January registered a preliminary enquiry against Khare after the CBI director gave the nod. The case is being probed by an ASP-level officer in Delhi. Khare had moved the Lucknow Bench of the Allahabad High Court, claiming that he had not violated any provisions of the CBI (Crime) Manual 2005 and had not committed any act of misconduct, either civil or criminal. He said that he had only gathered information and his brother had resigned from Whirlpool India Ltd on January 5, 2016. Therefore, there was no question of pursuing the case of his brother. He said that unless a fact-finding enquiry in the matter is brought to its conclusion, a PE cannot be registered. Khare said he had written to the CBI director about the alleged bias against him on the part of senior officers and had pleaded for not acting on their recommendation. The CBI, however, decided to go ahead with the preliminary enquiry. After hearing the arguments of both the sides, a high court bench noted that Khare had received information regarding “fake employment” of one Vinay Kumar, which was entered into the complaint register. The bench said the CBI manual states that no action should be taken in case of anonymous complaints, but Khare collected information and summoned the officers of Whirlpool India Ltd. He also sent subordinate officers to collect information about Kumar, which was an action in respect of a private company for which the petitioner was not authorised at all, the bench said. It appears that the petitioner “misused his official position” while entering such an arena which otherwise is not permissible under the law. He tried to misuse his position in the office, which is required to be ascertained during the course of preliminary enquiry against him, the bench said. The ground on which the registration of the preliminary enquiry has been challenged has “no substance and neither it is sustainable under the law”, it said. “The registration of the preliminary enquiry, therefore, is valid,” it said. For all the latest Lucknow News, download Indian Express App

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