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2015 Supreme(SC) 1459
SUPREME COURT OF INDIA
T.S. THAKUR, CHOCKALINGAM NAGAPPAN, JJ.
Subrata Chattoraj - Petitioner
Versus
Union of India & Ors. - Respondents
I.A. No. 16-18 in Writ Petition(Civil) No. 401 of 2013, I.A. 6, 8-10, 12, 13, 14, I.A. No. 15 in I.A. No. 12 and I.A. NO. 16 in I.A. No. 14 in Writ Petition(C) No. 413 of 2013, W.P. (C) No. 244 of 2015 and S.L.P. (C) ...CC No. 13513 of 2015
Decided On : 27-07-2015
For the Petitioners:Mr. Bikas Ranjan Bhattacharya, Sr. Advocate, Mr. Ashok Bhan, Sr. Advocate, Mr. Kunal Malik, Mr. Subhasish Bhowmick, Mr. Anip Sachthey, Mr. Bhargava V. Desai, Mr. B. Krishna Prasad, Ms. Sushma Suri, Mrs. Kirti Renu Mishra, Mr. B.V. Balaram Das, Mr. Senthil Jagadeesan, M/s. Legal Options, Ms. Liz Mathew, Mr. Sumit Kumar, Mr. Samir Ali Khan, Ms. Arti Singh, Mr. Sajith P., Mr. Snehasish Mukherjee, Mr. Gaurav Sharma, Advocates, Mr. Shyam Divan, Sr. Advocate, Petitioner-in-person, Mr. Rave Rahim, AOR, Mr. Anirban Guhathakurta, Mr. Nayana Mitter, Advocates, Mr. Maninder Singh, ASG, Mr. R. Balasubramanian, Mr. Gaurav Sharma, and Mr. Santosh Kumar, Advocates.
For the Respondents:Mr. Aditya Narayan Singh, Mr. Samir Ali Khan, Advocates, Mr. L. Nageshwar Rao, Sr. Advocate, Mr. Kabir S. Bose, Mr. Anip Sachthey, Mr. Ramesh Babu M.R., Ms. Swati Setia, Mr. Ramesh Babu, Advocates, Mr. Mohan Parasaran, Sr. Advocate, Mr. Shibashish Misra, Advocate, Mr. Ranjeet Kumar, SG, Mr. Maninder Singh, ASG, Mr. Gaurav Sharma, Mr. R. Balasubramanian, Ms. Rekha Pandey, Mr. R.S. Nagar, Mr. D.S. Mahra, Mr. P.K. Dey, Mr. T.A. Khan, Ms. Rekha Pan, Mr. Santosh Kumar, Mr. Pranav Kumar, Mr. Prateek Bhatia, Advocates, Mr. B.V. Balram Das, AOR, Mr. P.S. Patwalia, ASG, Mr. Dhruv Sheoran, Ms. Sunita Sharma, Mr. M.K. Kharail, Advocates, Ms. Sushma Suri, AOR, Mr. Arvind P. Datar, Sr. Advocate, Mr. Chander Uday Singh, Sr. Advocate, Mr. Bhargava V. Desai, Ms. Saumya Mehrotra, Mr. Dhaval Mehrotra, Mr. Rishi Gautam, Mr. Subhashish Chakraborty, Mr. Partha Sil, Mr. Rakesh Khanna, Mr. Sachin Das, Advocate, Mr. C.B. Prasad, AOR, Mr. M.N. Krishnamani, Sr. Advocate and Mr. S.K. Biswal, Advocate.
Headnote:
Civil Laws – Requirement of additional manpower for registration – Additional Solicitor General submits that there is a sever man-power deficit in the CBI which is hampering the functioning and investigation of the cases entrusted to it. – He has placed on record a statement indicating the requirement of additional manpower for registration of 265 non-Saradha cases pertaining to the State of West Bengal. – Statement shows the requirement of 10, Superintendents of Police, 15, Investigating Officers of the rank of Additional S.Ps., 30, Investigating Officers of the rank of Dy. S.Ps., and 85, Investigating Officers to the rank of Inspectors. – In addition, the requirement of 40 Sub-Inspectors, 20 Asstt. Sub-Inspectors and 30 Head Constables has also been indicated. – Additional Solicitor General submits that all the IPS Officers holding the rank of Superintendent of Police and all other officers/executive staff which the State of West Bengal may agree to depute must additionally satisfy the CBI deputation criteria. – Held, It is urged that the Director General of Police could be asked to discuss the matter with the Director/Joint Director of CBI, In-charge of cases in question to work out some acceptable solution in the given situation. – Court see no reason to decline such a prayer. – Solution lies in working out an arrangement which will serve the needs of the CBI without adversely or pre-judicially affecting the requirements of the West Bengal Government. – Court would, therefore, direct the Director, CBI to take up the matter with the D.G.P, State of West Bengal and evolve an acceptable arrangement in terms of number of officers to be deputed to CBI as also the cadres from which they are to be drawn. – Needful in this regard is to be done within four weeks from today – Court see no merit in this application which is accordingly dismissed – Application Dismissed
ORDER :
I.A.No.16 in W.P.(C) No.401/2013
Mr. Maninder Singh, learned Additional Solicitor General submits that there is a sever man-power deficit in the CBI which is hampering the functioning and investigation of the cases entrusted to it. He has placed on record a statement indicating the requirement of additional manpower for registration of 265 non-Saradha cases pertaining to the State of West Bengal. The statement shows the requirement of 10, Superintendents of Police, 15, Investigating Officers of the rank of Additional S.Ps., 30, Investigating Officers of the rank of Dy. S.Ps., and 85, Investigating Officers to the rank of Inspectors. In addition, the requirement of 40 Sub-Inspectors, 20 Asstt. Sub-Inspectors and 30 Head Constables has also been indicated. Learned Additional Solicitor General submits that all the IPS Officers holding the rank of Superintendent of Police and all other officers/executive staff which the State of West Bengal may agree to depute must additionally satisfy the CBI deputation criteria.
2. The State of West Bengal has responded to the projected manpower requirement by filing an additional affidavit in which the State has pointed out the over all vacancy position in the West Bengal Police Department. A perusal of Annexure R-1 to the additional affidavit goes to show that as many as 26213 vacancies in different cadres including that of Superintendents of Police, Additional Superintendents of Police, Deputy Superintendents of Police etc. exit as on date. Mr. L. Nageshwar Rao, learned senior counsel appearing for the State of West Bengal argued that although there are constraints in sparing officers for the CBI, the State Government is not averse to sparing a reasonable number of such officers as are required by the CBI keeping in view the fact that the scam cases which the CBI is investigating relate to the State of West Bengal. It is urged that the Director General of Police could be asked to discuss the matter with the Director/Joint Director of CBI, In-charge of cases in question to work out some acceptable solution in the given situation. We see no reason to decline such a prayer. The solution, in our opinion, lies in working out an arrangement which will serve the needs of the CBI without adversely or pre-judicially affecting the requirements of the West Bengal Government. We would, therefore, direct the Director, CBI to take up the matter with the D.G.P, State of West Bengal and evolve an acceptable arrangement in terms of number of officers to be deputed to CBI as also the cadres from which they are to be drawn. The needful in this regard is to be done within four weeks from today.
3. List this application again on 17th August, 2015.
4. The parties shall be at liberty to mention the matter in case there is any urgency.
I.A. Nos.17-18 in W.P. (C) No.401/2013
5. Heard.
6. We see no merit in these applications which are accordingly dismissed. Liberty is, however, given to the applicants to seek such redress as may be permissible under the law before the appropriate forum.
I.A. No.6 of 2014 in W.P.(C) No.413 of 2013
I.A. No.6 of 2014 is allowed.
I.A. No.8 of 2015 in W.P.(C) No.413 of 2013
7. Since I.A. No.7 of 2014 has already been dismissed, this I.A. shall also stand dismissed.
I.A. No.9 of 2015 in W.P.(C) No.413 of 2013
8. We do not see any merit in I.A. No.9 of 2015 which is accordingly dismissed.
I.A. No.10 of 2015 in W.P.(C) No.413 of 2013
9. Heard.
10. We do not find any reason to direct filing of status/progress report especially when the CBI is diligently conducting the ongoing investigation. The applicant is free to assist the CBI for an early and effective completion of the investigation. I.A. No.10 of 2015 is accordingly dismissed.
I.A. No.12 of 2015 in W.P.(C) No.413 of 2013
11. We do not see any merit in this application for intervention. I.A. No.12 of 2015 is accordingly dismissed.
I.A. No.13 of 2015 in W.P.(C) No.413 of 2013
12. Since I.A. No.7 of 2014 has already been dismissed, this I.A. has become
