NEW DELHI: A Delhi court on Thursday discharged Dr Nikunj Aggarwal, the former OSD of Delhi health minister Satyendar Jain, in connection with a case related to alleged irregularities in his appointment in a state-run children hospital here.
The court also discharged Dr Anup Mohta, former director of Chacha Nehru Bal Chikitsalaya, in the case.
According to the prosecution, Dr. Anup Mohta, while being posted as Director, Chacha Nehru Bal Chikitsalaya, approved appointment of Dr Nikunj Aggarwal to the post of Sr. Resident (Ortho) on ad hoc basis.
The prosecution had alleged that his appointment was illegal and was made in total disregard of rules and procedure and at the relevant time there was no post of Sr Resident (Ortho) vacant in CNBC.
An FIR was registered on December 28, 2016 under various provisions of Indian Penal Code and Prevention of Corruption Act.
Special Judge Sanjay Bansal on Thursday held that no prima facie case was made out for framing any charge.
"Both the accused are entitled for discharge, and are hereby discharged from the case. Their bail bonds are cancelled and sureties are discharged," the judge said.
Appearing for Dr Nikunj Aggarwal, senior advocate Rebecca John and advocate Rishikesh Kumar had argued that the prosecution case was misconceived and was a result of misconstruing the facts.
The appointment of Dr Aggarwal by Dr. Anup Mohta was totally in consonance with the relevant rules and procedure, the counsel said.
Advocate Pramod Kumar Dubey, appearing for Dr Mohta argued that there was no objection from any person who had processed the file of appointment of Dr Nikunj Aggarwal which showed that there was no wrongdoing in the appointment.
There was no violation by Dr Mohta in appointing Dr. Aggarwal, and if there was any, the violation was merely of executive instructions which does not give rise to any prosecution, the advocate said.
According to the CBI chargesheet Dr Mohta appointed Aggarwal as senior resident (orthopaedics) in Chacha Nehru Bal Chikitsalaya in 2015 without a vacancy or conducting a walk-in interview.
Even an advertisement was not issued for the position, the agency said, adding that Dr Aggarwal was appointed first as a senior resident in the state-run Bal Chikitsalaya and later as an OSD to the health minister in contravention of rules.