Special CBI court discharges former OSD of Satyender Jain in illegal appointment case

New Delhi [India], March 4 : A Special Central Bureau of Investigation (CBI) Court on Thursday discharged Nikunj Aggarwal, the former Officer on Special Duty (OSD) of Delhi Health Minister Satyendar Jain in connection with a case involving alleged irregularities in his appointment.
The court also discharged Anup Mohta, former director of Chacha Nehru Bal Chikitsalaya ('CNBC') in the case.
Special CBI Judge Sanjay Bansal on Thursday while passing the order said, "It is held that no prima facie case is made out for framing any charge. Both the accused are entitled to discharge and are hereby discharged from the case. Their bail bonds are cancelled and sureties are discharged".
The allegations were made by the CBI that Mohta, while being posted as Director, CNBC, approved the appointment of accused Aggarwal to the post of Senior Resident (Ortho) on ad hoc basis.
It is alleged that the said appointment was illegal and was made in total disregard of the rules and procedure. It was alleged that at the relevant time, there was no post of Senior Resident (Ortho) vacant in CNBC.
The FIR was registered on December 28, 2016, under sections 120-B of the Indian Penal Code (IPC) and S.13 (2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 (PC Act) (prior to amendment of 2018). An investigation was initiated.
According to the CBI, during the investigation, it was also found that after a few days of appointment, services of Aggarwal were requisitioned as OSD to the Delhi Health Minister.
It was also found that as per the Residency Scheme, resident doctors are engaged for working in hospitals and not for other duties.
Appearing for Aggarwal, senior advocate Rebecca John and advocate Rishikesh Kumar had argued that the prosecution case is misconceived and is a result of misconstruing the facts. The advocates contended that the appointment of Aggarwal by advocate Anup Mohta was totally in consonance with the relevant rules and procedure.
Advocate Pramod Kumar Dubey and advocate Anurag Andley appearing for Mohta had argued that there was no objection from any person who had processed the file of appointment of Nikunj Aggarwal which shows that there was no wrongdoing in the appointment. They argued that, there was no violation by Anup Mohta in appointing Nikunj Aggarwal, and if there was any, the violation was merely of executive instructions which does not give rise to any prosecution.
According to the CBI charge sheet, Mohta appointed Aggarwal as a senior resident (orthopaedics) in CNBC in 2015 without a vacancy or conducting a walk-in interview. CBI alleged an advertisement wasn't even issued for the position.
Nikunj Aggarwal was appointed first as a senior resident in the state-run Bal Chikitsalaya and later as an OSD to the health minister in contravention of rules, according to the CBI.