Retired IAS Officer Subodh Agarwal Moves Rajasthan High Court Against ACB's Look Out Circular
In a significant legal development in Jaipur, retired Indian Administrative Service (IAS) officer Subodh Agarwal has approached the Rajasthan High Court seeking the quashing of a First Information Report (FIR) registered against him. This move comes just one day after the state's Anti-Corruption Bureau (ACB) issued a Look Out Circular (LOC) targeting the 1988-batch officer in connection with an alleged Rs 900-crore tender scam under the Jal Jeevan Mission (JJM).
Petition Filed by Counsel Deepak Chauhan Challenges FIR Legitimacy
The petition was formally submitted through Agarwal's legal representative, advocate Deepak Chauhan, who has raised serious objections to the procedural aspects of the case. Chauhan contended that the FIR was lodged without conducting a mandatory detailed preliminary inquiry, thereby overlooking crucial factual evidence that could exonerate his client.
"In anti-corruption complaints, the preliminary inquiry is an absolute necessity before lodging an FIR. My client was named as an accused without following this established legal process," stated Chauhan during the court proceedings. He emphasized that this omission represents a fundamental flaw in the investigation's integrity.
Alleged Scam Predates Agarwal's Tenure in PHED Department
According to the petition, Subodh Agarwal's appointment as an officer in the Public Health Engineering Department (PHED) commenced on April 18, 2022. However, the purported irregularities related to JJM tenders are said to have occurred prior to his posting. The petition specifically mentions that two firms—Ganpati Tubewell and Shyam Tubewell—allegedly secured tenders worth hundreds of crores by submitting forged certificates, purportedly issued by IRCON International, even before Agarwal assumed charge.
The document further reveals that before the financial bids of these accused firms were presented to Agarwal for the first time during the 844th Finance Commission meeting, bids amounting to approximately Rs 605 crores had already received approval from the Finance Commission. This commission was headed by Sudhansh Pant, who served as the Additional Chief Secretary (ACS) of PHED from January 15, 2021, to April 18, 2022.
"The investigation agency has demonstrated clear mala fides by whimsically excluding Pant and the officers under him from the scope of the probe," the petition asserted, highlighting what it describes as selective targeting in the inquiry.
Minimal Involvement and Proactive Measures Cited in Defense
The petition provides detailed figures to underscore Agarwal's limited role in the alleged scam. Of the total tenders linked to the Rs 900-crore scandal mentioned in the FIR, approvals during Agarwal's tenure accounted for less than 10% of the overall value. Moreover, not a single payment was released to Ganpati Tubewell or Shyam Tubewell under the tenders that were approved by the Finance Committee chaired by Agarwal.
Additionally, the petition highlights Agarwal's proactive response upon learning of the irregularities. After receiving an email from IRCON International that raised concerns about forged documents, Agarwal promptly constituted a high-level committee to investigate the matter. Following the committee's report, all tenders awarded to the two firms were cancelled, they were blacklisted in accordance with established rules, and their earnest money deposits were forfeited.
This legal challenge marks a critical juncture in the high-profile case, as Agarwal seeks to clear his name against allegations of involvement in one of Rajasthan's most significant corruption scandals. The Rajasthan High Court's decision on this petition is now eagerly awaited, with potential implications for the ongoing ACB investigation and the broader accountability framework within the state's administrative machinery.
