IMPORTANT POINTS
When earlier judgments are considered and distinguished, it will not be a case of disregarding binding decision or precedent of the Coordinate Bench.
Accused has no right to be heard during investigation. Therefore, not impleading and not hearing the accused while directing investigation by CBI will not be a ground to interfere in the order.
When the court discusses all aspects exhaustively it will not be required to give any special reason for entrusting investigation to CBI.
Opposition MLA sounding public grievance can maintain PIL.

ORDER

A.M. Khanwilkar, J.

1. This special leave petition takes exception to the judgment and order of the High Court of Judicature at Madras dated 26th April, 2018 in Writ Petition No.19335 of 2017, whereby the High Court has issued a writ of mandamus to transfer the investigation of a criminal case concerning the illegal manufacture and sale of Gutkha and Pan Masala, containing Tobacco and/or Nicotine, to the Central Bureau of Investigation (“CBI”).

2. The petitioner has been named as an accused in the FIR because of his alleged involvement in the crime under investigation. The petitioner at the relevant time was posted on deputation as Food Safety Officer in the Food Safety and Drug Administration Department, Ministry of Health. The stated crime was being investigated by the State Vigilance Commission, constituted by the State of Tamil Nadu, headed by a Vigilance Commissioner. The gravamen of the challenge to the impugned judgment is on four counts: (i) First, that the prayer for transfer of investigation of the crime in question to the CBI has already been considered and negatived by the Coordinate Bench of the same High Court in Writ Petition No.1846 of 2017 vide judgment dated 27th January, 2017 and again in Writ Petition No.12482 of 2017 vide judgment dated 28th July, 2017. These decisions have been completely disregarded in the impugned judgment.

(ii) Second, the petitioner though named as an accused in the FIR was not given an opportunity of hearing nor was made a party in the public interest litigation in which the impugned judgment has been passed. Resultantly, the judgment under appeal is a nullity and liable to be set aside only on this score.

(iii) Third, no special circumstances have been noted by the High Court in the impugned judgment for transferring the investigation to CBI. The High Court has not even bothered to examine the efficacy of the status report regarding the investigation done by the Vigilance Commission. In other words, there was no tangible ground for directing investigation of the crime in question by the CBI.

(iv) Lastly, it is contended that the writ petition filed as public interest litigation was politically motivated having been filed by a member of the Legislative Assembly in the State of Tamil Nadu.

3. To buttress the above-mentioned grounds of challenge, reliance is placed on the decision of this Court in the case of State of Punjab Vs. Davinder Pal Singh Bhullar and Ors., (2011) 14 SCC 770.

4. The admission of this special leave petition is opposed by respondent No.14 (writ petitioner). It is urged on behalf of respondent No.14 that the High Court has considered all aspects of the matter and being satisfied about the imperativeness of a fair investigation of the crime in question involving high ranking officials and the tentacles of the conspiracy in commission of the crime transcending beyond the State of Tamil Nadu and into different States, it deemed it appropriate to issue a writ of mandamus to transfer the investigation to CBI. It is contended that there is no merit in the objections raised on behalf of the petitioner.

5. We have heard Mr. Mukul Rohatgi, learned senior counsel appearing on behalf of the petitioner and Mr. P. Wilson, learned senior counsel appearing on behalf of respondent No.14.

6. On a careful consideration of the impugned judgment, we agree with respondent No.14 (writ petitioner) that the High Court has cogitated over all the issues exhaustively and being fully satisfied about the necessity to ensure fair investigation of the crime in question, justly issued a writ of mandamus to transfer the investigation to CBI. As regards the first point raised by the petitioner, we find that the High Court was alive to the fact that the Coordinate Bench of the same High Court had occasion to decide Writ Petition No.1846 of 2017 and Writ Petition No.12482 of 2017, as can be discerned from the discussion in paragraphs 107 to 122 of the impugned judgment. As regards Writ Petitio