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2023 Supreme(SC) 464
SUPREME COURT OF INDIA
M.R. SHAH, M.M. SUNDRESH, JJ.
The State of Andhra Pradesh & Anr. – Appellants
Versus
Varla Ramaiah etc. – Respondents
Civil Appeal Nos.8540-8541 of 2022
Decided On : 03-05-2023
For the Appellant(s) : Mr. Mahfooz Ahsan Nazki, AOR Mr. Polanki Gowtham, Adv. Mr. KV Girish Chowdary, Adv. Mr. T Vijaya Bhaskar Reddy, Adv. Ms. Rajeswari Mukherjee, Adv. Ms. Niti Richhariya, Adv.
For the Respondent(s): Ms. Prerna Singh, Adv. Mr. Guntur Prabhakar, Adv. Mr. Guntur Pramod Kumar, AOR Mr. Sughosh Subramanyam, Adv. Mr. Agnish Aditya, Adv.
IMPORTANT POINT
Adjudication of Writ Petition – High Court ought not to have granted an interim stay when it was not required as entire matter is at a premature nascent stage.
Headnote:
Constitution of India – Article 226 – Writ Petition – Adjudication of – High Court ought not to have granted an interim stay when it was not required as entire matter is at a premature nascent stage – Central Government is yet to take a call on the letter and consent given by the first petitioner (now appellant) – Union of India is a proper and necessary party to be arrayed as a respondent in writ petitions – It would have been better had High Court permitted parties to complete pleadings, and thereafter, decided writ petitions one way or other by affording ample opportunity to parties before it – Union of India directed to be added as a respondent in writ petitions and its views will have to be taken note of. (Paras 5.3, 5.4 and 6)
Facts of the case:
Feeling aggrieved and dissatisfied with impugned interim order passed by the High Court for State of Andhra Pradesh at Amravati in I.A. No.1/2020 in Writ Petition No.6562 of 2020 and Writ Petition No.6711 of 2020 by which while admitting the writ petitions High Court has stayed all further proceedings pursuant to the G.O. Rt. No.1411 dated 26.06.2019 and G.O. Rt. No.344 dated 21.02.2020, the State of Andhra Pradesh has preferred the present appeals.
Findings of Court:
High Court is expected to decide and dispose of the writ petitions on merits and in accordance with law, without being influenced by any of the observations made in this Order.
Result : Appeals allowed.
JUDGMENT :
M.R. Shah, J.
1. Feeling aggrieved and dissatisfied with the impugned interim order passed by the High Court for the State of Andhra Pradesh at Amravati in I.A. No.1/2020 in Writ Petition No.6562 of 2020 and Writ Petition No.6711 of 2020 by which while admitting the writ petitions the High Court has stayed all further proceedings pursuant to the G.O. Rt. No.1411 dated 26.06.2019 and G.O. Rt. No.344 dated 21.02.2020, the State of Andhra Pradesh has preferred the present appeals.
2. The facts leading to the present appeals in nutshell are as under:
2.1 By virtue of G.O. issued on 26.06.2019, the State Government appointed a Cabinet Sub-Committee to examine the allegations of corruption against members of the erstwhile Government. On 27.12.2019, the Cabinet Sub-Committee submitted an interim report recording a prima facie finding about certain allegations. During the meeting held on 27.12.2019, the Sub-Committee also resolved to consider handing over the investigation to the CBI/CID/Lokayukta. On the basis of the report, vide the second G.O. dated 21.02.2020, the State set up the SIT to undertake an investigation of these allegations. The said decision was ratified by the Cabinet during its meeting held on 04.03.2020. The head of the SIT thereafter wrote to the Government on 21.03.2020 that the matter had wide-spread ramifications and therefore was required to be handed over to a Central Agency such as the CBI. Accordingly, vide letter dated 23.03.2020 the State Government requested the Central Government to refer the matter to the CBI. On 13.07.2020, the State expressly gave its consent to the exercise of powers by the Delhi Police Establishment within the State of Andhra Pradesh, such that the CBI may conduct such an investigation in respect of the scam involving Andhra Pradesh State Fibre Net Ltd.
2.2 At that stage, the original writ petitioners challenged both G.O. dated 26.06.2019 and the subsequent G.O. dated 21.02.2020 before the High Court by way of the present Writ Petition No.6562 of 2020 and Writ Petition No.6711 of 2020. The State filed applications for the impleadment of the Union of India and the Enforcement Directorate, since it wished to have these allegations investigated by a Central Agency. The High Court rejected the impleadment applications. However, thereafter by the impugned interim order the High Court has stayed all further proceedings pursuant to the aforesaid two GOs. Hence, the present appeals.
3. Shri S. Niranjan Reddy, learned Senior Advocate appearing on behalf of the State of Andhra Pradesh has submitted that High Court has stayed the further proceedings of the respective G.Os mainly on the following grounds :
“1. Rule of law demands continuity and a new Government cannot be permitted to overturn the decisions of the previous Government.
2. That the Government, in exercise of its executive powers, does not have an ‘inherent’ power of review.
3. That there was ‘no lacuna or gap’ that needed to be filled and that State could therefore not have exercised its executive power.
4. That Complainant and Investigator being the same, there is likelihood of bias;
5. That Powers to constitute a Commission/SIT ought to be sparingly used even by the Courts. Therefore, the said restriction is applicable to the Government with even more vigour.”
3.1 It is submitted that all the aforesaid grounds are completely unsustainable. It is submitted that the High Court has not properly appreciated the fact that the question was not whether the policies of the previous Government ought to be continued. It is submitted that the question was whether alleged acts of corruption/misfeasance alleged against the previous Government ought to be investigated. It is submitted that the High Court has not properly appreciated the fact that there were wide spread allegations of corruption and, thus, allegations were required to be investigated and, therefore, a Committee was accordingly constituted to inquire into the acts of corruption/
