Ex-IAS officer, four others acquitted in graft case

A former IAS officer and four others, including a private firm, were today acquitted in a six-year-old graft case by a Delhi court which said that "fairness of investigation" by CBI was not "apparent" in the matter.
Special CBI Judge Gurvinder Pal Singh acquitted Rakesh Mohan, who was the CEO of Delhi Jal Board (DJB) in 2004-05, and other accused in the case, saying the agency was not able to prove the offences alleged against them.
Mohan, who belonged to the 1978 batch of IAS and retired last year, Vijay Kataria, chairman of private company Kaveri Infrastructure Pvt Ltd (KIPL) and then directors of the firm Sushil Kumar Mehta and Raj Kumar Dudeja were chargesheeted by CBI in September 2011 in a case relating to award of contract to the firm at an "exorbitant rate" of over Rs 35 crore.

"From every act of investigating agency what the court expects is the fairness. Fairness of investigation in this case is not apparent from the face of record," the judge said.
"Accordingly, I am of the considered opinion that the prosecution has failed to prove its case against the accused persons beyond reasonable doubt. Accused persons are held not guilty and acquitted for the offences charged," he said.
The court said that CBI should have collected the best possible evidence to lend credence to the allegations levelled by it.

"Of course, officers of CBI, the premier investigating agency, at the outset cannot be said to be untrustworthy but when in a serious case of alleged corruption by a senior bureaucrat is being investigated...What is expected by a court from the officers of investigating agency is firstly to collect the best possible incriminating evidence at the first instance against such suspects/accused to lend credence and avoid criticism," the judge said.

CBI had alleged that Mohan, while functioning as CEO of DJB, had conspired with Kataria and obtained illegal gratification by misusing his official position with dishonest intention and influencing other officers in the award of the contract to the firm.
The tender proceedings for award of a contract pertaining to "renovation" of water pipelines were manipulated to favour the accused firm, the agency had alleged.
CBI had also alleged that DJB's technical committee had recommended the award of contract at a total cost of Rs 35.84 crore and the work was awarded to the consortium of KIPL and M/s Pipe Way Ltd after obtaining approval from the water supply body.