The CBI, in an affidavit filed before the Bombay High Court, has said that the agency has already looked into the role of Patil-Nilangekar but found no material or evidence to suggest any criminal misconduct on his part.
"The role of Shivajirao Patil Nilangekar and others in relation to Adarsh has already been looked into. The material unearthed during the course of investigation did not warrant action against them (Nilangekar and others) and, therefore, they are not included as accused in the charge sheet," the CBI affidavit said.
Wategaonkar, who filed the application in the course of his Public Interest Litigation on Adarsh probe, alleged that Patil-Nilangekar, during his tenure as revenue minister, granted certain approvals to Adarsh Society illegally. In return, his son-in-law was allotted flat in Adarsh, the application claimed.
The CBI in its affidavit said that probe into benami transactions was still in progress.
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"Further investigations with regard to financial transactions involving K L Gidwani (former MLA and promoter of Adarsh) and Arun Dhawle, son-in-law of Shivajirao Patil Nilangekar, while acquiring flats and the flow of funds to the account of the society are still in progress," the affidavit filed by S S Giri, investigating officer of CBI, said.
There is no material on hand to suggest that Nilangekar extended undue favours to the society and that his son-in-law was allotted flat as quid pro quo, it added.
"Without prejudice it is submitted that while taking any decision at the level of government there would be recommendations and queries at various levels before final decisions are taken by the competent authority," the agency said.
"In the process, simple recommendations made at various levels by various officers cannot be deemed as acts amounting to criminal misconduct," it added.