Judgment

R.C. Lahoti, CJI—Writ Petition (Criminal) No. 93 of 2003 was filed by Sanjiv Kumar, an IAS officer of the year 1985 complaining of large scale corruption and tampering of records in filling up of about 4000 vacancies of JBT teachers in the State of Haryana. Disposing of the writ petition, vide its order dated 25th November, 2003, this Court directed the complaint to be investigated by the CBI.

2. During the course of hearing of the writ petition, it was urged on behalf of the petitioner, Sanjiv Kumar that in order to build pressure on him, certain offences were registered and departmental proceedings initiated against him wherein he did not expect a fair investigation or inquiry so long as the matter was dealt with by the local officials. He reposed faith in CBI and submitted that whatever proceedings/investigation of criminal nature are pending against him could also be transferred to CBI. Accordingly, this Court directed not only the investigation into the offence, the commission whereof was complained by the petitioner, but also the investigations/proceedings pending against him to be transferred to CBI. The following five investigations/proceedings against the petitioner, Sanjiv Kumar were entrusted to CBI :

(1) F.I.R. No. 312 dated 4.6.2002 under Section 406/409/468/471/477A/120 I.P.C. and 13(1) (c)(d) Prevention of Corruption Act, lodged under Police Station, Sector 17, Chandigarh.

(2) Inquiry No. 10 of 3.4.2001, Chandigarh, for alleged misuse of official vehicles and mobile phone by the petitioner, Sanjiv Kumar, leading to registration of criminal case under Section 13(1)(d) of Prevention of Corruption Act.

(3) Inquiry No. 31 dated 10.8.2001, Chandigarh, regarding appointment of 36 officials under D.P.E.P. by the petitioner resulting in alleged financial loss of Rs. 22,33,466 to the State Government.

(4) Inquiry No. 38 dated 20.9.2001, Chandigarh, regarding financial ­irregularities committed by the ­peti­tioner in the projects of various items amounting to over Rs. 56 lakhs.

(5) Inquiry No. 16 dated 3.9.2002, Chandigarh, regarding disproportionate assets against the petitioner.

3. On 28th June, 2004 the petitioner filed CCP No. 448 of 2004 complaining of violation of the order dated 25.11.2003 passed by this Court at the hands of the then Chief Minister and the Chief Secretary of the State of Haryana. It was submitted that certain departmental inquiry proceedings were initiated against the petitioner for the purpose of bringing pressure on him so that there could be no free investigation. Three departmental inquiry proceedings against the petitioner were brought to the notice of the Court which are as under:-

(i) Chargesheet dated 11.2.2002 for willful absence from duty.

(ii) Chargesheet dated 23.7.2002 for committing irregularities in making appointments while posted as Project Director, Haryana Prathmik Shiksha Pariyojana Parishad.

(iii) Chargesheet dated 18.2.2003 for non-adjustment of an advance of Rs. 22,000/- taken by him from the Government.

4. The petitioner insisted that the proceedings may be entrusted to any authority other than the one under the State Government. He solicited an order of the Court for entrusting the proceedings to be held by the Central Vigilance Commission (for short the ‘CVC’). The learned Solicitor General appeared for the CBI and the CVC and stated that the CVC was agreeable to have the proceedings entrusted to it so that they could be expeditiously and fairly conducted. The Court directed the abovesaid 3 departmental inquiry proceedings to be entrusted to the CVC in terms of the following directions:-

“It is directed that the 3 inquiries referred to hereinabove shall be entrusted to the C.V.C. who shall take up the proceedings from the stage at which they are. Before proceeding ahead, the C.V.C. shall examine if the inquiries have been properly and regularly held up to this stage. In case he feels it necessary to reopen the inquiries and hold afresh he shall be at liberty