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BI Vs Vidya Dhar etc.Judgment dt. 16.01.2013BI Vs 1. Vidya Dhar, IASer Singh Badshaminjiv Kumar, IASPrakash Chautalaay Singh ChautalaBI Vs Vidya Dhar etc.Judgment dt. 16.01.2013. Smt. Prem Bahl, Haryana.t. Shashi Malhotrat. Krishna Gupta. Brahma Nand. Ms Vinod Kumari. Maman Chand. Sawan Lal. Smt. Kanta SharmaBI Vs Vidya Dhar etc.Judgment dt. 16.01.2013Prabhu Dayal (expired before filing of thePhool Khurana. Harbans Lal. Ram Saran KukrejaMohan (discharged on 23.7.2011)nd Singh VermaBI Vs Vidya Dhar etc.Judgment dt. 16.01.2013ogesh Kumar Sharma. Smt. Abhilash Kaur. Sher Singh. Anar Singh. Kailash Kaushik . Ajit Singh Sangwan. Smt. Ram Kauravir Singh LatharBI Vs Vidya Dhar etc.Judgment dt. 16.01.2013. Narain Singh Ruhil. Krishan Lal Narang. Smt. Usha Rani. Madan Lal Kalraeer Bhan MehtaBhushan (expired during trial on. Dilbag SinghBI Vs Vidya Dhar etc.Judgment dt. 16.01.2013. Ram Kumarhkar Mal Verma. Durga Dutt Pradhan. Bani Singh. Smt. Daya Saini. Ram Singh. Sheesh Pal SinghBI Vs Vidya Dhar etc.Judgment dt. 16.01.2013. Smt. Rekha Sharma. Smt. Raksha Jindal. Jeet Ram Khokhar. Smt. Nirmal Devi. Amar Singh. Sudha Sachdevashan Dayal Verma. Smt. Saroj SharmaBI Vs Vidya Dhar etc.Judgment dt. 16.01.2013ulsi Ram Ram Bihagra. Om Prakash Tiwari. Bihari Lalender Singh Dahiya. Dalip SinghKamla Devi (expired before filing of theender Pal Singh. Sarwan Kumar ChawlaBI Vs Vidya Dhar etc.Judgment dt. 16.01.2013amuna Nagar, Haryana.. Smt. Urmil Sharma. Joginder Lalwo sets of interview award lists are placed before this Court. Thefake one?njiv Kumar (A-3), an IAS Officer (1985 Batch) of Haryana Cadre,BI Vs Vidya Dhar etc.Judgment dt. 16.01.2013ts in Haryana after taking the interviews of the candidates. Sanjiv ies were initiated against him. Sanjiv Kumar claimed that despiteults, which antagonized Om Prakash Chautala and his political andcratic colleagues. Accordingly, he prayed that CBI investigation inreme Court of India vide its order dated 25.11.2003 directed theing investigation, Sanjiv Kumar handed over one set of interviewt Kaithal and part list of District Kurukshetra to CBI. For sakeBI Vs Vidya Dhar etc.Judgment dt. 16.01.2013investigations, CBI collected the award lists of 18 districts fromof Director Primary Education-Haryana. These lists would now beiv Kumar claims that these Directorate Lists are genuine whereaslists are fake. Prosecution claims vice versa.investigations disclosed that till 1999 recruitment of JBT teachersrtfolio of Education Minister-Haryana in September, 1999. A eachers' recruitment was taken out from the purview of der his control on the pretext of acute shortage of teachers. Inik Tribune on 15.11.1999. These selections were to be madegh District Level Selection Committees in 18 districts of Haryana. AsBI Vs Vidya Dhar etc.Judgment dt. 16.01.2013posts during December, 1999. The award lists were. Chander-IASis alleged that Sh. R.P. Chander was transferred on 27.04.2000 and. It is alleged that Ms. Rajni Shekri Sibal was called alongwith Prem-IAS & P.K. Mahapatra-IAS at Haryana Niwas-Chandigarh whered that she was asked to change the award lists. Rajni Shekri Sibalngwith Prem Prashant and P.K. Mahapatra were called to anotherBadshami apart from Vidya Dhar. Here also,ir favoured candidates may be accommodated. It is alleged thatt and P.K. Mahapatra refused to agree tosecution has alleged that Om Prakash Chautala was Chief Minister2005. Ajay Singh Chautala (A-5) is the son of Omkash Chautala (A-4) and was Member of Parliament from Bhiwani 13CBI Vs Vidya Dhar etc.Judgment dt. 16.01.2013CC No.37/2010 Constituency of Haryana at the relevant time. Vidya Dhar an HCS Officer(later promoted to IAS) was Officer on Special Duty (OSD) to the Chief Minister and Sher Singh Badshami was the political advisor to the Chief Minister during the relevant period of conspiracy. Prem Prashant-IAS wasFinancial Commissioner Education and Languages (FCEL) and P.K.Mahapatra-IAS was Director, Secondary Education, Haryana.10. As per prosecution, Rajni Shekri Sibal received an anonymous phonecall at her residence and she was offered 5% share of the collected money toagree to the aforesaid

proposal. Subsequently, her house was also burgled.It is alleged that with a view to ensure the safety of the award lists receivedfrom 18 District Primary Education Officer, she wrapped the almirahcontaining the said award lists with four metres of cloth and sealed it usingone rupee coin. Vide a note dt. 20.06.2000, she proposed to form acommittee for compilation and preparation of the results of JBT teachers by Haryana State Electronics Development Corporation Ltd. (HARTRON),Chandigarh.11. It is alleged that when Rajni Shekri Sibal refused to modify or replacethe interview award lists, she was transferred and was replaced by Sanjiv Kumar-IAS (A-3) on 11.07.2000 with the approval of Om Prakash Chautala,the then Chief Minister-Haryana. At that time, Sanjiv Kumar was already

14CBI Vs Vidya Dhar etc.Judgment dt. 16.01.2013CC No.37/2010 holding the substantive charge of Special Project Director, HaryanaPrathmik Shiksha Pariyojna Parishad (HPSPP) and he was given additionalcharge of Directorate of Primary Education with an understanding that he would prepare a second set of award lists and replace it with the originalaward lists.12. It is alleged that Sanjiv Kumar took out the original award lists fromthe said almirah in the middle of August, 2000 and asked his P.A. namely Mohan Lal Gupta and Office Superintendent Sardar Singh to check as tohow many scheduled caste and backward class candidates are exceedingtheir vacancies and are being selected in the General category. For thispurpose, Prerna Guest House-Panchkula was arranged by Sanjiv Kumar. It isalleged that Mohan Lal-P.A., Sardar Singh-Superintendent and Balram Yadav-Assistant in Directorate Primary Education made use of Prerna GuestHouse for two or three days and checked the original award lists, but, couldnot reach to any conclusion and accordingly those lists were returned toSanjiv Kumar. Prosecution claims that this shows that actually the originalaward lists had been taken out of the almirah prior to 16.09.2000, when adrama of de-sealing the said almirah and taking out the award lists inpresence of six members of result compilation committee was enacted. Asper investigation, the new set of award lists had already been placed in the

15CBI Vs Vidya Dhar etc.Judgment dt. 16.01.2013CC No.37/2010 almirah before 16.09.2000 and these new lists were sent to HARTRON which compiled the result of JBT teachers candidates. The result was ready on 03.10.2000 and thereafter it was published in the newspapers and theappointments were given to the selected candidates on the basis of new andfake award lists soon thereafter.13. As per prosecution, at the behest of Om Prakash Chautalathe thenChief Minister and with the active support of Vidya Dhar-OSD to CM andSher Singh Badshami-Political Advisor to CM, some Chairpersons and themembers of District Level Selection Committees were called by Sanjiv Kumar at the rest House of Water Supply & Sanitation Department of Punjab located at 1257, Sector-18B, Chandigarh in last week of August-2000, some were called in Haryana Bhawan, New Delhi on01.09.2000 and some were called in the office of Director Primary Education-Chandigarh. These Chairpersons and members(who have beenimpleaded as A-6 to A-62) were instructed to prepare the second set of award lists of their respective districts. On their request, even photocopiesof original award lists were given to them for this purpose. Prosecutionalleges that after collecting the second set of award lists, Sanjiv Kumarplaced the fake

award lists in the almirah in his office. Thereafter, on16.09.2000, he conducted bogus proceedings of de-sealing the almirah and

16CBI Vs Vidya Dhar etc.Judgment dt. 16.01.2013CC No.37/2010 taking out the award lists from it and sent the same to HARTRON forcompilation of results.14. During investigation, CBI has seized from the Directorate, Primary Education-Chandigarh, the set of award lists upon which the result wasfinally declared. For sake of convenience, all these award lists of 18 districtshave been referred to as Directorate Lists. 15. Prosecution claims that these Directorate Lists are infact the fake listsupon which the result was declared and the candidates were givenappointments as JBT teachers in State of Haryana. Prosecution also claimsthat the Supreme Court Lists presented by Sanjiv Kumar in Supreme Courtof India are infact the original and genuine award lists prepared by theDistrict Level Selection Committees in December, 1999. I may repeat thatSanjiv Kumar has stressed in the Supreme Court of India as well asthroughout the trial a reverse case i.e. Supreme Court Lists being the fakelists and Directorate Lists being the genuine lists. CHARGES, PROSECUTION & DEFENCE 16. Prosecution filed the charge sheet, cognizance was taken and accusedpersons were summoned to face the trial. It is necessary to state here thataccused Prabhu Dayal (A14), Shashi Bhushan (A34) and Smt. Kamla

17CBI Vs Vidya Dhar etc.Judgment dt. 16.01.2013CC No.37/2010 Devi (A58) had expired

before filing of the charge sheet. Accused UdalPrasad Sharma (A-18), Puran Chand (A-42) & Nathu Ram (A-53) expired during the pendency of the trial.17. Arguments on charge in respect of rest of the accused persons wereheard. Vide my order dated 23.7.2011, accused Brij Mohan (A19) wasdischarged

. However a charge under Section 13(2) read with Section13(1) d of P. C. Act 1988 was framed against accused O. P. Chautala (A-4). A separate charge was framed against accused Sanjiv Kumar (A3)under Section 13(2) read with Section 13(1) d of P. C. Act 1988 as well asunder Section 420 IPC. A charge against all the accused persons (except A-14, A-19, A-34 & A-58) was framed under Section 120B IPC read with Section420/467/468/471 IPC and also read with Section 13(2) read with Section13(1) d of P. C. Act. A separate charge was framed against A-6 to A-62 (except those whohad died or discharged) under Section 13(2) read with Section 13(1) d of P.C. Act 1988, under Section 420/468/467/471 IPC.18. All the accused persons pleaded not guilty and claimed trial. In orderto prove its case, prosecution examined in all 68 witnesses. Statements u/s313 CrPC were recorded and many accused persons gave their written BI Vs Vidya Dhar etc.Judgment dt. 16.01.2013ents also u/s 313(5) CrPC. Vidya Dhar (A-1) examinedfence, Sher Singh Badshami (A-2) examinedtness in hising himself,P. Chautala (A-4) examinedtness in hisnand (A-9) examinednce witness. Sheesh Pal Singh (A-43)fence witness and Smt. Sudha Sachdeva (A-49) alsoence witness. Darshan Dayal Verma (A-50) steppedbox to testify his version.cussing the evidence and submissions of the accusednds of the parties. Om Prakash Chautala (A-4), Ajay Singh ChautalaBI Vs Vidya Dhar etc.Judgment dt. 16.01.2013prominent members of Indian National Lok oda, the present Chief Minister of Haryana and earlier the main

Search Search History: Searching... Result 00 of 00 00 results for result for p. Chautala Haryana Teachers Recruitment Scam Case Judgement Former Haryana Chief Minister Om Prakash Chautala, his MLA son Ajay, and 53 other officials were convicted by a special CBI court on charges of illegally recruiting over 3,000 teachers in the state by using forged documents. The scam was widely known as the JBT scam since it involved the recruitment of junior basic teachers. Download or Print Add To Collection 658 Reads 0

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1. Two sets of interview award lists are placed before this Court. The 2. Sanjiv Kumar (A-3), an IAS Officer (1985 Batch) of Haryana Cadre, 3. Supreme Court of India vide its order dated 25.11.2003 directed the 4. During investigation, Sanjiv Kumar handed over one set of interview 5. During investigations, CBI collected the award lists of 18 districts from 6. Sanjiv Kumar claims that these Directorate Lists are genuine whereas 7. The investigations disclosed that till 1999 recruitment of JBT teachers 8. It is alleged that Sh. R.P. Chander was transferred on 27.04.2000 and 9. Prosecution has alleged that Om Prakash Chautala was Chief Minister 10. As per prosecution, Rajni Shekri Sibal received an anonymous phone 11. It is alleged that when Rajni Shekri Sibal refused to modify or replace 12. It is alleged that Sanjiv Kumar took out the original award lists from

13. As per prosecution, at the behest of Om Prakash Chautala-the then 14. During investigation, CBI has seized from the Directorate, Primary 15. Prosecution claims that these Directorate Lists are infact the fake lists 16. Prosecution filed the charge sheet, cognizance was taken and accused 17. Arguments on charge in respect of rest of the accused persons were 18. All the accused persons pleaded not guilty and claimed trial. In order 19. Before discussing the evidence and submissions of the accused 20. Some of the accused persons have raised the plea that they had retired 21. It would be apt to mention a few facts which are not in dispute. As 22. Except Bani Singh (A-39) and Raksha Jindal (A-45), all the 23. It is not in dispute that Om Prakash Chautala (A-4) was the Chief 24. It is not in dispute that more than 8000 candidates applied and 25. The contents of the Writ Petition No. 93/2000 Ext.PW63/B-1 filed 26. This court is faced with two versions in this regard. Accused Sanjiv 27. Sanjiv Kumar had not filed any list of Panipat in Supreme Court or to 28. In this regard, it is pertinent to note that Madan Lal Kalra (A-32) was 29. The Supreme Court List of this District is D-21 which is exhibited as 30. Prosecution examined Hitesh Bansal as PW-20. He testified that in 31. Sanjiv Kumar argues that the fake evidence has been created by CBI 32. Smt. Sudha Sachdeva (A49) was the Chairpersons of the District 33. Sanjiv Kumar (A3) has drawn my attention to the fact that Darshan 34. Rajender Pal Singh (A59) was the chairman of the Selection 35. Sanjiv Kumar (A3) has argued that Sarwan Kumar Chawla (A60) and 36. Sanjiv Kumar (A3) has drawn my attention to the columns of 37. The Supreme Court List of District Sonepat (D-26) is Ext.PW43/C 38. The Directorate List (D-4) is Ext.PW15/L. It has also been given 39. In this regard, Sanjiv Kumar has also drawn my attention to the file

40. I have seen D-61. It has two lists. One list is a complete list having 41. Dilbagh Singh (A-35) was the Chairman of this District Level 42. Ajit Singh Sangwan (A-26) was the Chairman of District Level 43. Prosecution has examined PW-5 Milap Singh, the clerk in the office 44. Sanjiv Kumar (A-3) refutes this argument. It is argued that the 45. A-3 further fortifies his arguments by referring to the testimony of 46. It has been informed to this court that the Head Quarter of District 47. Sanjiv Kumar (A3) has argued that at the time when the interviews 48. I have perused these lists, which has been exhibited during trial as 49. The Chairperson of District Level Selection Bhiwani was Brahmanand 50. Sanjiv Kumar (A3) argues that Vidya Dhar (A1) was the OSD to the 51. Sanjiv Kumar (A3) has drawn my attention to the interview marks of 52. Sanjiv Kumar (A3) argues that the fact that Vidya Dhar (A1) the OSD 53. The Supreme Court lists filed by Sanjiv Kumar before Supreme Court 54. Sanjiv Kumar (A-3) argues that he has shown that the Directorate 55. In order to appreciate the submissions of the parties on the marking 56. Prosecution had sought the opinion of PW-16 Prem Prashant-IAS on 57. I may point out that D-14 is the Directorate List of District Rewari 58. I have carefully perused the Supreme Court Lists as well as the 59. On the other hand, in the Directorate List of District 60. Same type of marking pattern can be seen in all the Directorate lists 61. This court has before it the version of many Chairpersons and 62. Sanjiv Kumar had availed the opportunity to cross examine this 63. Sanjiv Kumar submits that the prosecution has failed to come out 64. This analysis is contained in three spiral books namely 65. Sanjiv Kumar (A3) has argued that his analysis shows that even after 66. 5211 Surender Singh 17 Selected 1184

67. 5219 Manoj Kumar 17 Selected 1414 68. 5226 Mukesh Kumar 19 Selected 68 69. 5227 Narvinder 19 Selected 113 70. 5228 RajeshKumar 17 Selected 783 71. 5230 Ajay Singh 17 Selected 827 72. 5233 Surender Pal 17 Selected 510 73. 5234 Shankar Lal 17.50 Selected 983 74. 5239 Anil Kumar 17 Selected 909 75. 5242 Raj Kumar 17 Selected 892 76. 5243 Vinay Kumar 18 Selected 531 77. 5246 Kuldeep Singh 17 Selected 1202 78. 5249 Bhupinder Singh 17 Selected 1005 79. 5250 Rajesh Malik 17 Selected 1483 80. 5251 Surender Kumar 17.50 Selected 262 81. 5253 Jai Parkash 18 Selected 407 82. 5258 Ashok Kumar 17 Selected 1338 83. 5261 Pawan Kumar 18 Selected 517 84. 5263 Ajit Kumar 18 Selected 441 85. 5264 Rajesh 17 Selected 962 86. If one award list is replaced with another award list having different 87. Sanjiv Kumar (A3) has drawn my attention to Annexure B-1 of 88. From the above discussion four facts stand proved: 89. In view of above discussion, I would come back to the question as 90. This testimony of Sanjiv Kumar shows that the purpose of creating the 91. Sanjiv Kumar has argued that the Supreme Court lists were prepared 92. Now I take up the points raised by Sanjiv Kumar (A-3) in respect 93. Whether the authorship of both the sets of the award lists

94. Evidentiary value of a hand writing expert 95. Whether the specimen signatures taken by the police without 96. Affidavits of the Chairpersons and the Members of District Level 97. The manner in which the Directorate Lists were prepared 98. PRESSSURE 99. PARITY WITH PW-17 ? 100. How the original lists lying in Almirah were replaced 101. Whether the Lists are Valuable Security, as defined u/s 30 of 102. CHEATING AND PECUNIARY ADVANTAGE 103. Whistle blower or Comrade in crime? 104. EVIDENTIARY VALUE OF THE EVIDENCE OF AN ACCUSED 105. IS RAJNI SHEKRI SIBAL A COMPULSIVE LIAR? 106. Prem Prashant and P. K. Mahapatra 107. Role of Vidya Dhar (A-1) 108. Sher Singh Badshami (A2) 109. Ajay Singh Chautala (A5) 110. The Cabinet Decision and decision of enhancing interview 111. The role of Om Prakash Chautala 112. CONSPIRACY 113. SANCTION 114. Whether the investigations were biased? 115. OFFENCES PROVED

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