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The Allahabad High Court on Thursday quashed criminal proceedings against one Bhavesh Jain in the 2016 Uttar Pradesh Jal Nigam recruitment scam case allegedly involved in the matter along with Samajwadi Party leader Azam Khan.

A bench of Justice Vikas Kunvar Srivastav set aside the summoning order passed by the Special Court, Anti-corruption, Central Bureau of Investigation, Central, Lucknow and all the orders passed in furtherance whereof and the entire subsequent proceedings in Sessions Case (C.B.I. Vs. Mohd. Azam Khan, etc.) against Jain.

The bench considered Jain's submission that he is a Software Engineer and pertaining to the examination in question, he was serving as Deputy Manager, Software Development. His role was confined to programming, Software, and website development, which are purely technical in nature, however, he had no role in setting the question papers, tabulation of scores, preparation of merit list, etc, Jain had told the court.

Jain had submitted, "The recruitments in issue were entirely an internal affair of the Jal Nigam conducted under the aegis of an internal examination committee which oversaw the entire recruitment process and took all the decisions regarding the same."

It was further submitted by Jain that being an employee of Aptech, he had no role, whatsoever, in the conduct of the examination on behalf of the U.P. Jal Nigam as a Software Engineer. His role was confined to programming applications, software, and website development, he is a technical professional and has no role in setting the question papers, tabulation of scores, preparation of merit list, etc, he said.

Further, Senior Counsel appearing for Jain stated, "The complaint itself has no allegation individually or jointly with the other co-accused against the role of the applicant in making or deleting the entries with regard to marks obtained by the candidates in C.B.T. (Computer Based Test)"

On the contrary, Additional Government Advocate Santosh Kumar Mishra appearing for the Uttar Pradesh Police argued, "The allegations were that illegalities and irregularities were committed in connivance with the officers of U.P. Jal Nigam by the Aptech company under a conspiracy of which the present accused applicant was a participant, therefore, prima facie case against the accused was made out and the charge sheet was submitted against him by the S.I.T. whereupon cognizance was taken by the Magistrate and summons were issued."

 The bench opined that the allegations against Jain prima facie constitute an offence under Section 420 IPC, even in a case where allegations are made regarding the irregularity and illegality committed by the company as a whole in the process of recruitment through CBT.

Jain was booked under Sections 201, 204, 420, 467, 468, 471, 120-B I.P.C. and Section 66 of the I.T Act, 2000.

"It seems that the present accused-applicant unnecessarily brought into the next of implication without logical and legal reasons and basis," the bench added.

Jain was represented by his counsel Senior Advocate Satish Chandra Mishra and Advocates Neha Rashmi and Gantavya.

In the year 2016, irregularities were found in the appointments to 1,300 vacant posts in the Jal Nigam. After the government change in UP in 2017, Bhartiya Janta Party came to power and an inquiry was ordered into the matter and 122 recruited engineers were also dismissed from service.

In continuance of the same, in the year 2018, a First Information Report was registered in the case under Sections 409, 420, 120-B, 201 I.P.C., and Section 13 (1) of the Prevention of Corruption Act against SP leader Azam Khan and others on the allegations of irregular recruitment/appointment.

Earlier, the Allahabad High Court had allowed bail to Khan in the case. The High Court had delivered the judgment noting that the State had failed to point out any clinching evidence from the charge sheet against Khan to show that he actively participated in the recruitment process.

Case Title: Bhavesh Jain Vs. State of Uttar Pradesh