Bombay HC denies pre-arrest bail to director of firm in DoP ‘recruitment exam scam’
By Team Legistify / 2017-11-13

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The Bombay High Court has refused to grant pre-arrest bail to the director of Manipal Technologies Limited in an alleged scam in the recruitment examination for the Department of Post and Telecommunications (DoP). The court said that the company had breached the trust put in it by the state government and had shown nepotism and partiality in selecting candidates.

A case was registered with the MRA Marg Police Station Mumbai for offences including cheating and forgery. Investigation is now pending with the Economic Offences Wing (EOW), General Cheating-1 of the Mumbai Police.
The director Perdoor Vaman Mallya’s lawyer had argued that no state agency had any complaint about the work that had been entrusted to the company. Senior counsel Ashok Mundargi further argued that some irregularities being blamed on Manipal Technologies Limited were allegedly committed by either the middle or lower level managements or by Chanakya Software Services. Chankya was the firm entrusted with booking the exam centres, training and appointing supervisors for conducting the examination.

A total of 2,434 posts were required to be filled in the DoP. The posts included postman and multi-task servant.

Pic Courtesy- JL Journal
“The case in hand appears to be a case of a big scam in recruitment in the DoP. The accused is the director of the company to which the job was entrusted. Though it is argued that the work of actually conducting the examination was entrusted to Chanakya Software Services, the same was not permissible under the contract, and even otherwise, as per pleadings in the application, it is seen that what was entrusted to Chanakya Software Services was merely conducting the examination at all centres,” observed Justice A M Badar.

“It is seen from the FIR that illegalities are committed not only during the recruitment process but even prior to recruitment test and since inception i.e. since receipt of online application forms. As such, the accused cannot shift the responsibility to the subcontractor or to the middle level or lower level management,” the court pointed out.
Taking into consideration the nature of offence, its repercussions as well as the interest of society and gross violation of fundamental rights, Justice Badar held that “the case in hand is not a fit case for grant of pre-arrest bail”.


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