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2003 Supreme(SC) 1202

Supreme Court Of India
SANJIV KUMAR
Versus
STATE OF HARYANA
Decided on November 25, 2003

The central legal point established is the court's discretion to entrust the investigation to a central agency like CBI in cases involving corruption and influential individuals.

Headnote:

Corruption - Employment - Prevention of Corruption Act, 1988, Sections 13(1)(c) and (d) - Indian Penal Code, Sections 406, 409, 467, 468, 471, 477-A, 120 - The judgment discusses the rampant corruption in the employment of JBT teachers in Haryana, involving the substitution of genuine selection lists with false ones. The court directed the investigation to be entrusted to the Central Bureau of Investigation (CBI) due to the nature of the allegations and the involvement of influential individuals.

Fact of the Case:

The petitioner, an IAS officer, resisted pressure to substitute genuine selection lists of JBT teachers with false ones and sought protection for himself and his family. He filed a petition seeking investigation and protection.

Finding of the Court:

The court found that the matter warranted investigation by a highly placed independent agency due to the involvement of influential individuals and the need to uncover the truth.

Issues: Allegations of corruption in the employment of JBT teachers, pressure on the petitioner to substitute genuine selection lists with false ones, and the need for protection and investigation.

Ratio Decidendi: The court decided to entrust the matter to investigation by CBI due to the nature of the allegations and the involvement of influential individuals.

Final Decision: The petition was disposed of, and the investigation was directed to be entrusted to CBI. The court also stayed departmental inquiries against the petitioner and provided police protection.

Judgment

R. C. LAHOTI, J.

( 1 ) THE present one is yet another case seeking to bring to the fore the rampant corruption in the corridors of politics and bureaucracy. Unemployed persons belonging to the lower strata of society are taken for granted and job opportunities instead of being made available according to merit and with equal opportunity to all, are sought to be distributed by adopting questionable methods and that cannot obviously be without hidden consideration or underhand dealings - to be more correct.

( 2 ) THE petitioner is an IAS officer of the year 1985, sufficiently senior and allotted to Haryana cadre. He has held various assignments of responsibility. In November 1999 about 4000 vacancies of JBT teachers were advertised by the Department of Primary Education, State of Haryana for being filled up through District-Level Selection Committees. Nineteen such committees were constituted. Applications were invited and short-listed candidates were called for interview in the 19 districts. At the time when the process of selections was initiated and the selections were held, one Shri R. P. Chander, IAS, was the Director, Primary Education. In January 2000, he was shifted from the office of Director, Primary Education and in his place one ms Rajni Shekhri Sibbal, IAS, was posted as the Director, Primary education. She too was transferred in July 2000. Before relinquishing charge of the office Ms Rajni kept the original selection lists of 19 districts in a godrej almirah and sealed the same so that the almirah could not be opened. The key of the almirah was placed in an envelope which too was closed, signed and sealed. However, the fact remains that in spite of the process of selection having been completed, the selection lists were not released and made public.

( 3 ) THE petitioner who was discharging duties as Project Director, World bank Finance Project, was asked to take additional charge of the post of director, Primary Education, which the petitioner did. The petitioner was pressurised for substituting another list of selected candidates in place of the lists originally prepared and preserved by Ms Rajni. The petitioner refused to succumb to the pressure which was brought to build upon him by threats of dire consequences being administered to him and also to his family members. The petitioner also sought for being relieved of the additional charge of the office of the Director, Primary Education. However, after some time, in the month of August-September, at Panchkula and in Haryana Bhawan in New delhi all the members of 19 District Selection Committees were called, fresh and false lists of selected candidates were got prepared and the members of the Committees were forced to sign such lists. On or about 28-9-2000, these lists were handed over to the petitioner with a direction that such lists should be substituted immediately in place of the original lists.

( 4 ) ON 7-11-2000, the petitioner opened the almirah which was sealed by ms Rajni and released the original select lists of candidates. This process was videographed and also photographed. Appointments have been made pursuant to this list.

( 5 ) ON 3-12-2000, the petitioner was transferred from his post.

( 6 ) ON 5-6-2003 the petitioner has filed this petition under Article 32 of the Constitution seeking directions for investigation and also protection for the life and liberty of himself and his family members.

( 7 ) ON 12-6-2003, the writ petition came up for hearing before a Vacation bench of this Court which directed notices to be issued returnable on 19-6-2003. Additional service on the Standing Counsel of the State of haryana was permitted to be effected during the course of the day.

( 8 ) THE pleadings were completed. On 8-8-2003, this Court directed the commissioner of Police, Delhi, to hear the petitioner and provide him with adequate police protection so that the life and safety of the petitioner and his family members is not jeopardised. Some record




















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