CMM R K Gauba asked the CBI to probe the matter afresh within four months and place the material collected ``prior to coming up with further closure report.''

Gauba, who pulled up CBI for submitting that no offence was made out in the case saying ``what was taken as a breach of ....Official Secrets Act on December 3,1996 is now being branded by the same agency as an act not covered by the said provisions.'' The CMM also took exception to the Cabinet Secretary's agreement with the probe agency in the matter. ``The ground on which the Cabinet Secretary seeks to agree with CBI is not sufficient in that inability of CBI to find out source of leakage by itself cannot absolve Santanu Saikia (Financial Express scribe who did the story) whose role is prima faciecovered by Official Secrets Act, 1923,'' the court observed.