ORDER

1. By the order dated 19 - 7 - 20041 this Court had inter alia directed -

(I) CBI to prepare and supply self - contained notes in respect of the findings against the officers of the V.P. State Government as also of the Central Government to the respective governments within a period of one week from date.

We are told by the learned Solicitor General appearing on behalf of CBI a that this has been complied with.

(2) The U.P. State Government and the Central Government have been directed to take further action on such copies and complete the disciplinary proceedings within a period of three weeks from the date of the order.

2. Mr Ashok Desai, the learned Senior Counsel appearing for the State of U.P. has stated that with regard to Shri Bagga, on the basis of the earlier note submitted by CBI (referred to as CBI I), the departmental enquiry is complete and the recommendations for punishment to be inflicted on the charged officer had been forwarded to VPSC where it is pending consideration. It is also stated that departmental enquiry on the basis of the second note submitted by CBI (CBI II) has been initiated. As far as Shri Punia is concerned, the departmental enquiry on the basis of CBI I note had been completed but no order has been passed thereon. Further proceedings have not been initiated on the basis of the note supplied by CBI (Cm Note II). It is submitted that cm report to the effect that this charged officer had acted without consulting the then Chief Minister, could not be made the basis d of a charge in the absence of the statement of the then Chief Minister which was still in the custody of CBI. Learned Solicitor appearing for CBI has stated that the statement was required in connection with a decision to be taken on FIR RC 0062003A0018. The legal scrutiny in respect of that is nearing completion. Three more weeks time is required to do this and after which the statement required by the State Government could be made e available to it. Mr Mahajan, the learned amicus curiae has stated before us that there were in fact other materials before the State Government concerning the financial improprieties and irregularities committed by Shri P.L. Punia on the basis of which charges could be framed by the State Government.

3. The State Government will pass an order on the first disciplinary enquiry initiated by the State Government in respect of Shri P.L. Punia within a week from date. As far as the second disciplinary enquiry is concerned which arises out of CBI II and otherwise, the State Government may defer initiation of the proceedings until availability of the statement of the former Chief Minister of the State which will be made available for a period of three g weeks. If within such time such statement is not made available by CBI, the U.P. State Government will formulate charges on the basis of whatever material is available with it and complete the disciplinary enquiry on the basis thereof within a period of six weeks thereafter.

4. As far as Shri Y.K. Gupta is concerned, the State Government has informed that the disciplinary enquiry against Shri Y.K. Gupta on the basis of CBI I showed that Shri Y.K. Gupta was not culpable in respect of the charges framed. Second disciplinary proceedings had been initiated against Shri V.K. Gupta on the basis of CBI II. Shri v.K. Gupta is represented by Shri A.K. Ganguli, Senior Advocate. It is submitted by him that the second chargesheet was merely a repetition of the first. It will be open to Shri V.K. Gupta to take all such defences in the second disciplinary proceedings.

5. As far as Shri R.K. Sharma is concerned, we are informed that the disciplinary enquiry arising out of CBI I has already been completed and recommendation for his punishment has been forwarded to UPSC before which the recommendations are pending. It is also stated that fresh disciplinary enquiry has been initiated on the basis of CBI II which is still pending.

6. As far as Shri K.c. Mishra is concerned