A Central Bureau of Investigation’s (CBI) special court on Thursday dismissed the application filed by Ramesh Chander Diwan, former superintending engineer, seeking discharge from allegations in the toilet scam pertaining to the Chandigarh municipal corporation (MC) where the exchequer had incurred losses worth ₹13.66 crore.
“The accused does not get the benefit either of the amendment in the Prevention of Corruption Act or Section 197 of the Criminal Procedure Code, and cognisance of the present case already stands taken by the court in 2016. Thus, no merit is found in the application,” said Jagjit Singh, special judge, CBI court, while dismissing the application.
Diwan had sought discharge from the charges on the ground that the CBI had failed to take prosecution sanction. He had argued before the court that as per the amendment in the Prevention of Corruption Act, even for a retired public servant, sanction was a must to prosecute him which was not the case earlier.
Seeking dismissal of the application, the CBI had argued that when the challan was filed, the accused had retired and there was no requirement of seeking sanction for a retired public servant.