Public employment used as bargaining chip for receiving immovable property: CBI Court

New Delhi [India], January 9 (ANI): While directing framing of charges in the Land for Job corruption case, the special CBI court on Friday said that prima facie there was a conspiracy mentored by Lalu Prasad Yadav to use government jobs as a means for getting immovable property from willing job seekers.
Special Judge Vishal Gogne directed the framing of common charges for the offences of criminal conspiracy, cheating, and corruption against the accused persons, including Lalu Prasad Yadav, Rabri Devi, Misa Bharti, Hema Yadav, Tejaswi Prasad Yadav, Tej Pratap Yadav, Bhola Yadav, R.K. Mahajan, and Prem Chand Gupta.
Additionally, the court has directed that charges of corruption be framed against Lalu Prasad and the public servants.
"The court finds, on the touch stone of grave suspicion, that there existed an over arching criminal conspiracy, mentored by Mr Lalu Prasad Yadav, towards using public employment as a bargaining chip for receiving immovable properties through his wife Rabri Devi, daughters Misha Bharti and Hema Yadav as well as sons Tejashwi Prasad Yadav and Tej Pratap Yadav from willing job seekers," the court said in the order of framing of charges.
The Central Bureau of Investigation had registered a case on May 18, 2022. After the investigation, it filed 2 chargesheets and 2 supplementary chargesheets at different times. It was alleged that Group D railway jobs were awarded in lieu of Land parcels.
The court noted that the chargesheets strongly indicate that the close associates of Lalu Prasad Yadav, namely Bhola Yadav, R.K.Mahajan and P.C.Gupt, probably facilitated, as co-conspirators, the acquisition of these lands in lieu of jobs provided to the nominees of Lalu Prasad Yadav, with the Railways in Group D posts across various Railway zones in India.
Several accused substitutes apparently used false documents to secure these appointments, the court added.
Special CBI court rejected the plea of discharge and said, "The plea of Mr Lalu Prasad Yadav and his family members to be discharged from the present proceedings is completely unwarranted when the Ministry of Railways and the lands of his constituents were apparently being lorded over by him as a personal fiefdom."
"There are strong indications from the chargesheets that Mr Lalu Prasad Yadav and the accused members of his family were operating as a criminal enterprise designed to usurp private lands by bartering away government posts," Special Judge Gogne observed.
While framing charges, the court also referred to the alleged abuse of official position by the senior government officials.
"Several accused General Managers of the Indian Railways emerge prima facie as having made these appointments by abuse
of their discretion to engage Group D substitutes in the Railways," the court said, adding that Appropriate articles of charge are liable to be framed against the above persons.
The special court discharged 52 accused persons, including all Chief Personnel Officers (CPO).
"However, the accused Chief Personnel Officers neither possessed the discretion to appoint substitutes nor were they under the influence of the Minister of Railways, the court said.
"All accused Chief Personnel Officers are liable to be discharged," the court ordered.
The court observed that the description of the present chargesheet as involving allegations of 'land for jobs' does constitute the centrality and core of the criminality ascribed to substitutes who parted with land to secure appointments.
The absence of land as a de facto bribe for the appointment of several accused substitutes does remove these accused from the zone of grave suspicion. Such accused substitutes and the railway officials allegedly instrumental in these appointments are liable to be discharged, the court said. (ANI)