Like Jharkhand CS Rajbala Varma faced the flak for her role early in her career in the Lalu Prasad fodder scam, Bihar CS Anjani Kumar Singh also finds himself dragged into the scam for what happened during his tenure as Dumka's Deputy Commissioner years ago.
Hearing the Dumka treasury case, the court of Special CBI Judge Shivpal Singh passed the order on March 5 under Section 319 of CrPC. This Section is invoked when it appears from evidence that any person not being the accused has committed an offence for which the person could be tried together with the accused.
A special CBI court has directed the investigative agency to seek sanction for prosecution against "then Deputy Commissioner of Dumka, Anjani Kumar Singh". The Dumka treasury case pertains to alleged withdrawal of Rs 3.72 crores between 1995 and 1996 on the basis of fake vouchers.
While the CBI court has fixed March 15 as the date for pronouncing judgment in connection with a fodder scam case related to alleged fraudulent withdrawal of money from Dumka treasury, it has also issued notices to six people including a CBI official.
The court asked them why they should not be proceeded against as accused in the case.
The respondents have been asked to be present before the court on March 28.
The six against whom notices have been issued are former Bihar DGP D P Ojha, then additional DG (Vigilance) when the alleged offence took place; Vijay Shankar Dubey, retired Chief Secretary of Bihar and Jharkhand; A K Jha, Additional SP of CBI; Dipesh Chandak, a major supplier; Shiv Kumar Patwari and Phool Jha, two other suppliers and also witnesses in the CBI case.
A copy of the order is yet to become available.
A CBI counsel handling the case said: "We have sought the copy of the order. (Only after getting that) we will be able to ascertain the exact grounds on which the notices have been issued." One of the defence counsels, Sanjay Kumar, who is appearing on behalf of an accused IAS officer, said: "The court has already fixed a date for pronouncing judgment in this particular case, which is March 15. The people to whom notices have been issued are to appear before the court on March 28. Therefore, it will have to be seen as to the basis on which the court has issued such notices."
A senior CBI counsel explained that no notice or summons can be issued to the Bihar Chief Secretary. "He is a serving officer. Therefore, the CBI has been directed to seek sanction for prosecution against him. Thus, there is no notice to him asking him to appear before the court on March 28," he said.
There are a total of 31 accused - including former Bihar chief ministers Lalu Prasad and Jagannath Mishra, besides other politicians like Jagdish Sharma, R K Rana and Vidyasagar Nishad.
Earlier, while convicting Lalu and others in the Deoghar treasury case on December 23, the court of Shivpal Singh had directed the CBI to seek sanction for prosecution against Additional Chief Secretary in Jharkhand, Sukhdev Singh, on the ground that he was the Deputy Commissioner during the period when the alleged offence occurred, but he did not take any action.
Singh had offered to be shifted from Finance Department. However, the government had asked him to continue. Subsequently, the Jharkhand High Court had stayed the lower court order in this regard.