Ex-APSC chief Rakesh Paul awarded 14 years RI, Rs 2 lakh fine; 31 others sentenced in ADO scam

Syllad | The Rising MeghalayaJuly 29, 2024

Former chairman of Assam Public Service Commission (APSC) Rakesh Kumar Paul will have to spend 14 year rigorous imprisonment (RI) in Guwahati Central Jail as the Special Judge, Assam Dipak Thakuria pronounced the quantum of punishment in the cash-for-job scam in the recruitment of agricultural development officer (ADO) on Monday.

Paul, who hails from Nakam Bazaar in Tura, and a former preacher (rittick) of Satsang Vihar, was given 14 year jail with a fine of Rs 2 lakh under different IPC sections.

Paul was arrested by Assam Police for the cash-for-job scam on August 17, 2017 and he was released on bail on March 28, 2023.

Paul was awarded RI for 7 years and fine of Rs 50,000 in default RI for 2 months under section 420 of IPC read with section 120-B of IPC, RI for 7 years and fine of Rs 50,000 in default RI for 2 months under section 468 of IPC read with section 120-B of IPC, RI for 7 years and fine of Rs 50,000 in default RI for 2 months under section 7 of the PC Act read with section 120-B of IPC and RI for 10 years and fine of Rs 50,000 in default RI for 2 months under section 13 (2) of the PC Act read with section 120-B of IPC.

“As per section 31 (2) (a) CrPC in no case such person be sentenced to imprisonment for a longer period than fourteen years. So, it makes clear that though the accused/convict Rakesh Kr Paul is awarded consecutive sentences; but he will remain in jail for 14 years as per provision of section 31 (2) (a) of the CrPC,” the court stated in the order.

“The period underwent during investigation and trial by the accused persons/convicts, if any, shall be set off as per law,” the court also said.

Paul’s detention period from august 18, 2017 to March 28, 2023 and July 27, 2024 to July 29, 2024 will be remitted from his total jail term of 14 years.

Along with Paul, two other APSC members Basanta Kumar Doley and Samedur Rahman were awarded 10 years rigorous imprisonment with a fine of Rs 50 thousand each under section 13 (2) of the Prevention of Corruption Act read with section 120-B of IPC.

 29 others, including ADOs were awarded four years rigorous imprisonment for four years and fine of Rs 10 thousand each under section 120-B/420/468 of IPC.

They are- Mrigen Haloi, Phanindra Saikia, Pranab Bharali, Jyotirekha Das, Kabin Killingpi, Prity Das, Alok Kumar Mali, Biswajit Doley, Keshabananda Borah, Bornali Medhi, Bipul Deka, Sweety Borah Hazarika, Satya Nath Deka, Kamal Krishna Das, Rituraj Sonowal, Anjaan Loying, Priyanka Bora, Rukheswar Timung, Sanghamitra Shyam, Bidyut Das, Alpona Deori, Jayanta Jit Das, Dipanka Barik, Roshan Rafi, Pranjal Barman, Shahil Aziz Haque, Kalyan Sarma, Mafida Begum Saikia and Jayanta Chabukdhara.

On July 22, the Special Judge had convicted Paul along with 31 others in the case.

The cash-for-job scaam for recruitment of ADOs involved irregularities in the selection process for ADOs advertised in 2013. The ADO recruitment scam is part of the wider APSC cash-for-job scam, where candidates allegedly bribed APSC officials for undeserved selection. Rakesh Paul was a central figure in the scam, and the ADO recruitment irregularities occurred under his chairmanship during Congress regime.

The chief minister Sarbananda Sonowal ordered probe the APSC scam, exposed in 2015-16, involved allegations of candidates bribing officials to secure government positions through manipulated exams.

There were a total of 44 accused in the scam, out of which four were members of the commission, one APSC employee, three middleman, and 36 candidates.

Of the total accused, eleven were acquitted by the court.

The acquitted persons include: Vikash Pincha (middleman), Kunal Das (middleman), Kaushik Kalita (middleman), Syed Musharraf Hussain (APSC employee), Beauty Gogoi (candidate), Phiruj Moran (candidate), Jyotiban Dutta (candidate), Saijali (candidate), Dhritiman Roy (candidate), Mousumi Saikia (candidate) and Boichitra Hakmaosa (candidate).

Binata Rynjah was declared approver.

The court passed judgement based on a case registered with Bhangagarh police station case number 159/2017 under section 120(B)/420/468 of IPC read with Section 7/13(1) (a) (d) (III)/ 13 (2) of the Prevention of Corruption Act on august 17, 2017 regarding irregularities in conduct of ADO Examination by APSC.

The IO of the case were ACP Dispur Sujit Saikia (since deceased) and Subhasish Baruah, presently SP Biswanath, who took up investigation of the case from August 9, 2018 when he was posted as ADCP, Central.

After investigation, the IO filed Charge Sheet No 78/2017 on October 9, 2017, supplementary chargesheet (1) on July 12, 2018, supplementary chargesheet (2) on October 26, 2018, supplementary chargesheet (3) on November 17, 2018, supplementary chargesheet (4) on July 4, 2019, supplementary chargesheet (5) on January 6, 2020.