S K Kaushik & ANR v. Central Bureau Of Investigation

$~16 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1118/2015 & Crl.M.A. No.4142/2015 S K KAUSHIK & ANR ..... Petitioners Through Mr.M.K. Bhardwaj, Adv.

versus CENTRAL BUREAU OF INVESTIGATION ..... Respondent Through Mr.Sanjeev Bhandari, Spl.P.P. for CBI.

CORAM:

HON'BLE MR. JUSTICE P.S.TEJI

O R D E R

% 31.03.2016 The present petition has been filed under section 482 read with Section 483 Code of Criminal Procedure for setting aside and quashing directions/observations made in para no.41 of final judgment and order dated 7th November, 2014 passed by learned Special Judge (PCACT), CBI-08 (Central), in case being CC No.97/2011 qua the petitioners.

The sole grievance of the parties is that while passing the order dated 7th November, 2014, the learned Judge made certain observations which reads as under:- "In view of the above, departmental action be initiated against concerned officials Shri S.K. Kaushik AAO, Shri V.P. Anand AO and Gurnam Chand Dealing Assistant for the gross negligence of duty on their part. Also, necessary administrative guidelines be issued by

Vice Chairman, DDA to ensure proper cross-checking and verification of challans submitted for payment of cost of the flats at level of AAO/AO to avoid repetition of similar scam."

I have heard learned counsel for the parties at length. I do not find any ground for expunging the remarks made by the Court below. Needless to say that the observation made by the learned Special Judge is for initiating proceedings by the administrative authorities and rest is the subject matter of the administrative authority to deal with in the matter.

With the above observation made above, the present petition and application are disposed of.

P.S.TEJI, J MARCH 31, 2016 aa