
New Delhi, March 1 (IANS) A court here has issued summons to former Rajya Sabha member Brajesh Pathak in connection with a leave travel concession (LTC) case.
Central Bureau of Investigation (CBI) Special Judge Anju Bajaj Chandna issued summons to Pathak to appear before the court on March 24.
Delhi-based firm Vandna Travels Private Limited and its director Rajesh Agnihotri have also been summoned.
The court order came while taking cognizance of the CBI chargesheet filed against the company and its director on January 2.
However, the investigating agency did not chargesheet Pathak, saying there was no evidence against him.
But the judge rejected the agency's submission and said: "It is the duty of the investigating officer to forward the final report to the court and no discretion or prerogative lies with the investigative officer to evaluate the defence pleas or to assess the evidence collected on record to appreciate the defence pleas.
"The concept and scheme of Section 13 (1) (d) (criminal misconduct by a public servant for obtaining peculinary gain) of Prevention of Corruption Act, 1988 is clear and all the ingredients of the offence are complete in the present case," the court said in its February 20 order.
"Therefore, I hold that investigating officer has no basis to file closure with respect to the offences of Section 13(1)(d) of Prevention of Corruption Act, 1988 and read with Section 120 B (criminal conspiracy), 420 (cheating), 467 (forgery of valuable security), 468 (forgery for purpose of cheating) and 471 (using as genuine a forged document) of the Indian Penal Code concerning Brajesh Pathak," the court said.
The court observed that Pathak, being a public servant, was under bound duty to furnish the correct and genuine claim with respect to the journeys undertaken by him and the amounts spent by him.
It noted that Pathak countersigned the forged e-tickets to gain pecuniary advantage and the offence was complete when the reimbursement was credited to his account.
The allegations were that during the period 2011-2013, Pathak entered into criminal conspiracy with private people and wrongly claimed inflated reimbursement for eight companion tickets from the pay and accounts office at the Rajya Sabha Secretariat to the tune of Rs.2,19,887.
The actual payment made against the said eight companion tickets was Rs.10,499, and accordingly the excess amount to the tune of Rs.2,09,338 was claimed from the government, it added.
Pathak's tenure as Rajya Sabha member ended on November 25, 2014.
The National Investigation Agency (NIA) has disclosed the Pharmacist Umesh Kolhe Murder Case in A
Distributing 'Revdi' will create the situation in Sri Lanka? Arvind Kejriwal replied
Delhi Chief Minister Arvind Kejriwal has responded to the statement of BJP's Gujarat unit chief C
समाचार एजेंसी एएनआई ने मंगलवार को बत
Congress again raises issue of Masrat Alam's release
New Delhi, March 11 (IANS) The Congress party on Wednesday again raised in the Lok Sabha the is
West Bengal: JDU will field candidates in 75 seats, Nitish will take revenge on BJP from LJP?
The Janata Dal-United (JDU), which is in power with the Bharatiya Janata Party (BJP) in Bihar, ha
Investigation into the Raja Raghuvanshi murder case has gathered pace. Meghalaya police will take
Chandrayaan-3: ISRO gets big success, Chandrayaan-3's cryogenic engine test successful
Indian Space Research Organization (ISRO) has achieved great success under its Moon Mission Chand
Australia has announced to send oxygen, ventilators, and PPE kits to India. Australia's Health Mi
New Zealand opt to bat against Australia in final
Melbourne, March 29 (IANS) New Zealand captain Brendon McCullum won the toss and opted to bat a
'Operation Sindoor is going on...', Rajnath Singh reveals; 100 terrorists killed in India's action.
Defence Minister Rajnath Singh said in the all-party meeting that at least 100 terrorists were ki