Panaji, Oct 6 (TNN): Rejecting an application filed by social activist Aires Rodrigues seeking investigation against chief minister Manohar Parrikar for illegally appointing a person on contract basis in Provedoria, a special CBI court at Mapusa has held that the investigating officer cannot be faulted if he finds that there is no dishonest intention in the alleged corruption case.

Rodrigues had approached the court seeking a probe in the case after the Anti Corruption Branch declined to register an FIR.

Rodrigues had alleged that the chief minister has committed criminal misconduct by abusing his position as a public servant by appointing Soniya Phadte on a consolidated remuneration of 40,000 per month as programme officer.

Special judge P V Sawaikar observed, "It was on a representation made by the welfare trust that the chief minister had made a proposal and had ordered for appointment of a programme officer. The representation made to the chief minister showed that there was urgency in the matter. A complaint was also made to human rights commission. The complaint was in respect of rights of old age people and orphans. It is the responsibility of the state to take their care. In the facts mentioned in the representation, if the chief minister feels that there is urgent need to remedy the situation there is nothing wrong in it. To achieve the said end if the chief minister feels that there is need of guidance of an expert no dishonest intention can be read into it."

In the background, if the investigating officer finds that there is no dishonest intention which is an essential ingredient of Section 13 (1)(d) (of prevention of corruption case), he cannot be faulted at, the judge stated.

Special public prosecutor S Lotlikar submitted that the complaint does not disclose any cognizable offence and the chief minister had acted in exercise of his executive powers under Article 162 of the Constitution of India.

Referring to Rodrigues argument over the submission made by SP, ACB Vigilance, seeking an order from CM's office and Directorate of Provedoria before proceeding for regular registration of FIR, the judge remarked that the investigating officer or SP, ACB, ought not to have followed such a procedure as it amounts to take opinion of an accused. The investigating agency shall take care not to follow such a procedure in future, the judge added.

Rodrigues has told TOI that he will challenge the order of the special court which held that the complaint does not disclose any cognizable offence.