Special CBI Judge Vinod Kumar cited lack of evidence to suggest criminality in the matter and rejected the plea that had sought registration of an FIR against both the politicians and several other officials of the Ministry of Water Resources and A K Jhamb, then Director (Engineering) National Projects Construction Corporation Limited (NPCC) Ltd.
"I do not find anything on record to show that there was any abuse of official position by any of the accused or any corrupt or illegal means were used by any of the accused persons or while holding office as public servant obtained any pecuniary advantage without public interest for themselves or for Jhamb.
In its order, the court said, "one may agree or disagree with the decision of the Ministry but it cannot be forgotten that ultimate authority to take decision was Ministry in question i.E. Salman Khurshid(who then headed it)."
The court, in its order, said "Perusal of the noting
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"It is not necessary for a Minister to always agree to the previous notings and opinions. Further, Public Enterprises Selection Board is only a recommendatory body. It is not the case that a new appointment has been made flouting all norms."
It added that Jhamb was already in service.
A former Assistant Engineer (Civil) of NPCC, S R Hussain, had filed the complaint claiming that "at the instance of Jhamb, the accused persons hatched a conspiracy to abuse their official positions and got Jhamb's tenure as a Director (Engg) with M/s NPCC Ltd extended beyond March 31, 2011 (Jhamb's retirement age)... Despite earlier rejection of the plea by Public Enterprises Selection Board.