A day after Rajasthan’s Anti-Corruption Bureau (ACB) issued a Look Out Circular (LOC) against retired IAS officer Subodh Agarwal, the 1988-batch officer on Thursday approached the Rajasthan High Court seeking quashing of the FIR registered against him in connection with the alleged Rs 900-crore scam in Jal Jeevan Mission (JJM) tenders.
The petition was filed through his counsel, advocate Deepak Chauhan, who argued that the FIR was lodged without conducting a mandatory preliminary inquiry and ignored key facts relating to the timeline of the alleged irregularities.
FIR Filed Without Preliminary Inquiry, Says Counsel
Appearing on behalf of Agarwal, advocate Deepak Chauhan contended that anti-corruption cases require a detailed preliminary inquiry before registration of an FIR.
“In anti-corruption complaints, a preliminary inquiry is a must before lodging the FIR. He was named without following this process,” Chauhan argued before the court.
The petition challenges the very basis of the FIR, alleging procedural lapses and questioning the manner in which the retired officer was implicated.
Read also: Rajasthan Jal Jeevan Mission Scam: ACB Issues Look Out Notice Against IAS Officer Subodh Agarwal
Alleged Irregularities Predate Agarwal’s PHED Tenure
According to the petition, Agarwal assumed charge in the Public Health Engineering Department (PHED) on April 18, 2022. However, the alleged irregularities in the Jal Jeevan Mission tenders reportedly occurred before he took over the department.
The petition claims that two firms — Ganpati Tubewell and Shyam Tubewell — secured tenders worth hundreds of crores by allegedly submitting forged certificates purportedly issued by IRCON International.
Crucially, the petition states that these developments took place before Agarwal assumed charge as PHED secretary.
Rs 605 Crore Approved Before His First Finance Commission Meeting
The petition further asserts that by the time financial bids of Ganpati Tubewell and Shyam Tubewell were placed before Agarwal for the first time during the 844th Finance Commission meeting, tenders worth approximately Rs 605 crore had already been approved.
These approvals, the petition states, were granted by the Finance Commission headed by Sudhansh Pant, who served as Additional Chief Secretary (ACS), PHED, from January 15, 2021, to April 18, 2022.
The plea alleges that Pant and officers under his tenure were “whimsically exonerated” from the scope of the investigation, which, according to Agarwal’s counsel, demonstrates mala fide intent on the part of the investigating agency.
Less Than 10% Approvals During Agarwal’s Tenure: Petition
Of the total tenders linked to the alleged Rs 900-crore scam mentioned in the FIR, the petition claims that approvals granted during Agarwal’s tenure accounted for less than 10% of the total value.
It further states that:
Not a single payment was released to Ganpati Tubewell or Shyam Tubewell under tenders approved by the Finance Committee chaired by Agarwal.
The financial exposure during his tenure was significantly limited compared to earlier approvals.
Action Taken After IRCON Email, Says Plea
The petition also highlights that Agarwal took corrective action once concerns were flagged.
According to the plea:
- An email was received from IRCON International raising concerns over forged documents.
- Agarwal promptly constituted a high-level committee to examine the issue.
- Following the committee’s report, all tenders awarded to the two firms were cancelled.
- The firms were blacklisted as per rules.
- Their earnest money deposits were forfeited.
The petition argues that these steps demonstrate proactive administrative action rather than complicity.
LOC Issued by ACB
The Anti-Corruption Bureau recently issued a Look Out Circular against Agarwal in connection with the alleged irregularities in the Jal Jeevan Mission tender process, intensifying the legal and political scrutiny surrounding the case.
The Rs 900-crore scam pertains to alleged manipulation in PHED tenders under the centrally sponsored Jal Jeevan Mission scheme aimed at providing piped drinking water to rural households.
What Lies Ahead?
With the matter now before the Rajasthan High Court, the focus will shift to whether the FIR stands legal scrutiny, particularly regarding:
- The necessity of a preliminary inquiry in corruption cases
- The timeline of approvals
- The scope and fairness of the investigation
The court’s decision on the plea seeking quashing of the FIR will be crucial in determining the future course of the investigation and Agarwal’s legal position in the high-profile case.
