HC refuses relief to Sunil Kedar

Source: The Hitavada      Date: 09 Feb 2018 10:06:22


Staff Reporter,

Saoner MLA withdraws petition challenging legality of ongoing NDCCB scam probe

In a rude jolt to Saoner MLA and former Chairman of Nagpur District Central Co-Operative Bank (NDCCB) Sunil Kedar, Nagpur bench of Bombay High Court on Thursday refused to grant him any relief after which Kedar chose to withdraw his petition challenging recent amendment to Maharashtra Co-Operative Societies Act and its retrospective application to pending enquiries like the one being conducted against him in Rs 152 cr NDCCB scam.

The probe was ordered in 2002 under section 88 of the MCS Act in NDCCB Scam and the audit report came a decade later in which the special auditor Yashwant Bagde held Kedar squarely guilty for causing Rs 152 crore loss to NDCCB and fixed the liability of Rs 129 crore upon him while his trusted deputy Ashok Chaudhari was slapped with Rs 25.91 crore liability.

However, Kedar and others filed a statutory appeal before then Co-operation Minister Harshawardhan Patil who ordered a de novo enquiry. Dr Surendra Kharbade who was named probe officer, could not complete the probe as his term expired.

This was followed by lot of litigations by Kedar and his detractors due to which enquiry was delayed.
According to Kedar, the de novo probe against him was going on under unamended section 88 and should have been over within two and half years, i.e. June 15, 2016 and retrospective application of amendment granting powers to Joint Registrar to grant period extension of six months was against the provisions of MCS.

However, the State Government strongly countered this argument and squarely blamed Kedar for delaying the ongoing probe against him in Rs 152 crore NDCCB scam.
In a detailed affidavit filed before the High Court, State Co-Operation Secretary listed the delaying tactics adopted by Kedar to scuttle the probe against him in NDCCB Gilt scam in which he himself is a prime accused in criminal case as well. Kedar filed several appeals and used every trick to delay the probe conducted by first enquiry officer, then moved a statutory appeal in which de novo probe was ordered. Even here at every step, Kedar and his associates dragged the probe officer into litigation due to which almost 26 months time has been lost, the affidavit filed on behalf of Government by Addl GP Sagar Ashirgade stated while strongly justifying the recent amendment to section 88 of MCS Act to complete the probe like NDCCB scams.

Adv Shreerang Bhandarkar appearing for intervenor Omprakash Kamdi also launched a scathing attack against Kedar’s delaying tactics and pointed out that the challenge was yet another attempt to derail the probe and drag the proceedings. He sought dismissal of the petition.

After hearing all sides, a specially constituted division bench consisting of Justice Sunil Shukre and Justice Z A Haq indicated that they were not inclined to grant any relief after which Kedar’s counsel Adv Charuhas Dharmadhikari requested to withdraw the petition.