The controversy centres on the omission of the then Managing Director (MD), Chief Executive Officer (CEO) and Chief Operating Officer (COO) from the chargesheet filed before the court. The Lokayukta has maintained that since the financial loss to the government was later recovered, criminal proceedings against these officers were unnecessary. The complainant has challenged this logic as legally untenable.
Dharmendra Chauhan, the complainant, has moved an application under Section 319 of the Criminal Procedure Code (CrPC) before the Judicial Magistrate First Class (JMFC) court in Dewas, seeking to re-summon the three officers as accused. Section 319 empowers courts to add accused if evidence on record indicates their involvement, even if they are not named in the chargesheet.
The plea seeks the re-induction of Vishal Singh Chauhan, then MD of AICTSL and Municipal Commissioner; Pradeep Soni, then CEO and Sub-Divisional Magistrate (SDM); and Suryaprakash Tiwari, then COO. The petitioner argues that offences such as criminal conspiracy, cheating and breach of trust were complete once committed, and subsequent recovery of money does not erase criminal liability.
An FIR was registered by the Lokayukta police in July 2023 following a detailed inquiry. It named the three officers along with Vijay Goswami and Pranay Goswami, directors of Vishwas Transport. The accused were booked under the Prevention of Corruption Act and IPC Sections 420, 409 and 120-B.
According to the petition, the Lokayukta’s own inquiry had flagged suspicious conduct by the senior officers, including approval of inflated bills, failure to verify stock, and major operational decisions allegedly taken without mandatory board approval. The plea also points to a ₹23.86 lakh loss of Viability Gap Funding subsidy due to delays in enforcing contractual conditions, which it claims went unchecked despite officials being aware.
The application further notes that within 24 hours of the FIR, then Dewas District Collector Rishabh Gupta removed SDM Pradeep Soni from his post, indicating prima facie seriousness of the allegations.
The Dewas court will now examine whether the Lokayukta’s reasoning—recovery of funds negating criminal prosecution—stands the test of law. The decision is expected to have wider implications for accountability in corruption cases involving senior public officials.
