The Union Department of Personnel and Training (DoPT) wrote a letter to the CBI last week communicating its decision.
The Andhra Pradesh government also received a copy of the letter, official sources said here today.
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In the disproportionate assets case against Jagan and others, the CBI named Sam Bob, the then Principal Secretary (Industries and Commerce Department), as an accused with regard to the Memorandum of Agreement (MoA) signed with Lepakshi Knowledge Hub.
The DoPT, in its letter to the CBI, pointed out that Sam Bob has not violated any business rules, nor were there any charges of taking illegal gratification.
"He had merely processed the Memorandum of Agreement (that was executed between AP Industrial Infrastructure Corporation and Lepakshi) under the Industrial Policy 2005-10 and submitted it for orders of the competent authority. Subsequently, the state Cabinet ratified the MoA," the DoPT noted.
"He (Sam Bob) provided adequate safeguards/clauses in the MoA to protect the government interests like resumption of land and cancellation of incentives in case of failure to set up the project. He circulated the draft MoA to all departments concerned for their views on each clause," the DoPT said.
"There is nothing to show on record that he had directly benefited the private party. On the basis of the records, including the investigation reports and other supporting documents, the state government's comments, advice of the Central Vigilance Commissioner and analysis of proposal in this department, the acts of omission and commission on part of Sam Bob did not appear to be malafide," the DoPT observed.
Accordingly, it has denied the CBI's request for prosecution of the 1983-batch IAS officer under Prevention of Corruption Act.
The state government sources said the DoPT also rejected the CBI's request for prosecution of another senior IAS officer Adityanath Das under similar grounds.
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