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Finding Desai guilty of 'misusing' his official position, a division bench comprising Justice Arun Kumar and Justice R C Chopra said, "The first step is removal of Dr Desai as president of MCI."
Terming it as a fit case for prosecution of Dr Desai, the court directed CBI to initiate prosecution against him in a competent court of law and observed that the agency should pursue the matter 'diligently and if further investigation is required to be carried out by the agency, it may do so expeditiously and in not more than three months'.
Directing the Centre to immediately constitute the MCI as per the rules and the provisions of the MCI Act, the court ordered appointment of retired Major General S P Jhingon as administrator of the council to perform all the functions of the president during the interim period.
Rejecting the plea of Desai's counsel to keep the order in abeyance to give him an opportunity to appeal in the Supreme Court, the court said, "It is shocking to see how the MCI is being run. We can now say with certainty that it is a den of corruption though we had given a clarification regarding a similar observation made earlier."
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