A Delhi court has absolved a Gas Authority of India Ltd engineer of charges of getting his job by getting the written competitive examination for it cleared by his look-alike friends.
Delhi Chief Metropolitan Magistrate Vinod Yadav discharged suspended GAIL engineer Ajay Kumar at the stage of framing of charges itself, saying some "disgruntled element with malicious intent" might have set up the case against him. The court let off Ajay, noting that the whole criminal case of cheating and forgery against him had been initiated on an obscure e-mail informing GAIL that the competitive examination for the job had been written by his friends who resembled him.
The CMM discharged Ajay saying, "This appears to be a case in which a disgruntled person having animosity against the accused set the things into motion by sending an e-mail to GAIL."
"During investigation, the sender of said e-mail could not be traced, that itself is an indication of the fact that it was sent with a malicious intent against the accused... I do not find any legally sustainable material against Ajay to frame charges.
The accused accordingly stands discharged from this case," the court said. Ajay had appeared for GAIL's interview for the job after clearing the written exam held on September 3, 2006 in Kolkata.
After clearing the interview, he was offered a job for the post of Executive Trainee (Mechanical) on May 4, 2007. The FIR against him, however, was registered on May 5, 2009 on a complaint by GAIL's Chief Vigilance Officer (CVO), who said that on February 8, 2008 they had received an e-mail from one Umesh Kumar who said that Ajay had made somebody else appear in the written exam.
GAIL had initiated vigilance inquiry against Ajay after receiving the e-mail and his handwriting samples were sent for Government Examiner of Questioned Documents (GEQD) at Shimla. After receiving the opinion of the handwriting experts, the case was referred to the CBI for investigation. The CBI recorded statements of 13 witnesses in the case and said that Ajay, in his disclosure statement, had named Manish Kumar Sharma and Raj Kishore as persons who had impersonated for him for writing the test.
Both the person, however, denied the allegation, while the court found that Ajay's confessional statement was not there on its records. The court said except for GEQD opinion "there is no other legally sustainable evidence against the accused." The CMM also noted that the most important specimen handwriting of the accused was left out of consideration by the GEQD "for the reasons best known to them."