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2012 Supreme(AP) 412

2012 (4) ALT 437
HIGH COURT OF ANDHRA PRADESH
RAMESH RANGANATHAN, J.
Umesh Kumar IPS
Versus
The State of Andhra Pradesh Rep. by its Chief Secretary, General Administration Department, Andhra Pradesh Secretariat, Hyderabad & Others.
Writ Petition No. 27062 of 2011
Decided on: 11-04-2012

Advocates appeared:
For respondent No.5: Mrs. S. Nanda, S.C. for Central Gov.
For respondent No.6: Mr. P. Kesva Rao, Spl. SC for CBI.
For respondent No.6: Mr. C. Padnabha Reddy, Senior Counsel for Mr. H. Prahlada Reddy,

Headnote:A) CONSTITUTION OF INDIA, Article 226:- A petition for transfer of a case from

       CID PS to the CBI cannot be ordered by the High Court in a casual manner and the power has to be exercised very sparingly and in that case it was held that the petition dismissed as already investigation is completed already and charge sheet is filed.

       B) CONSTITUTION OF INDIA, Article 226 –Where the writ petitioner had filed details of disproportionate assets allegedly held by R-4,Director General of Police, Andhra Police and his wife on benami names and the 4th respondent contended that some of them is purchased by her wife who hails from a wealthy family and she purchased the same from her Sthridhan property, in the views of public interest, 1st respondent was directed to conduct a proper enquiry into these allegations.

       C) ALL INDIA SERVICES (CONDUCT) RULES, 1968, Rule 3 (1) - Constitution of India, Articles 226 and 21 –Serious allegations made by two senior officers of the police force, one among occupying the post of Director General of Police (HoP) and the other one of the eligible member in the panel for selection to the post, it amounts to serioujs violation of the conduct rules of discipline if any one of the allegations become false. Hence direction given to the State Government and Union Government for prompt into enquiry into these allegations and taking appropriate action. The purport and purpose of the service rule providing for disclosure of their asset is discussed.

       D) ALL INDIA SERVICES (CONDUCT) RULES, 1968, Rules 3 (1) and 16 (1), (2), (3), (4) and (5) - Constitution of India, Article 226:- In the Annual Returns of Properties held by the member of the All India Services to be submitted to the Chief Secretaries, mere description of the words “no Change” or “as disclosed in the earlier year” shall be avoided and all details of the purchase or sale of properties in their name or in the name of their spouses along with the source of such sale or purchase shall be given with full details.

       E) CONTEMPT OF COURTS ACT, 1971, Sections 10 and 12 - Constitution of India, Article 226:- Where the Director General of Police (HoP) and the Additional Director General (CID) have suppressed material facts in a counter affidavit filed by them in the High Court, directions given to Registrar of high Court for initiating contempt proceedings under the Act.

JUDGMENT

1. The petitioner herein seeks a direction from this Court (1) to direct respondents 1 and 2, (i.e., the Government of Andhra Pradesh represented by its Chief Secretary; and the Government of Andhra Pradesh represented by its Principal Secretary, Home Department), to transfer Crime No.53 of 2011 on the file of P.S. CID, Hyderabad to the Central Bureau of Investigation (C.B.I) or to direct investigation of the said complaint under the supervision of an officer senior to Sri V. Dinesh Reddy, IPS, Director General of Police (DGP) (respondent No.4); (2) to direct CBI to enquire into the entire property transactions of the 4th respondent and his wife, and examine if Sri Y. Ravi Prasad and Sri A. Krishna Reddy are holding 542 properties as benamies of the 4th respondent and his wife; (3) to direct the Government of Andhra Pradesh and the Union of India to order an enquiry for initiating disciplinary action against the 4th respondent on the basis of the petitioner’s letters dated 08.03.2011, 27.04.2011, 21.06.2011, 02.09.2011 and 09.09.2011, for violation of Rule 3(1) of the All India Services (Conduct) Rules, 1968 (hereinafter referred to as ‘the Conduct Rules’); and (4) to direct both the Government of A.P., and the Union of India, to call upon the 4th respondent to furnish a full and complete statement of all movable and immovable properties acquired or sold by him, or by any member of his family, in accordance with Rule 16(5) of the Conduct Rules, and initiate disciplinary action under Rule 3(1) and Rues 16(1), (3) and (4) of the Conduct Rules.

2. Facts, in so far as they are relevant to the reliefs sought for in this Writ Petition, are that the Vigilance Commissioner, A.P. Vigilance Commission, Hyderabad, forwarded a copy of the complaint petition, and its enclosures, purported to have been put in by one Sri T. Ramulu Naik, organizing secretary of the All India Banjara Seva Sangham, Ranga Reddy District. Allegations were levelled, in the said complaint petition, against Sri V. Dinesh Reddy, IPS (4th respondent herein). The Vigilance Commissioner requested that necessary action be taken on the complaint petition. While the file was being examined by the State Government to verify the genuineness of the petition, the Joint Secretary to the Government of India, Ministry of Home Affairs, New Delhi, vide letter dated 05.05.2011, enclosed a copy of the complaint dated 22.04.2011, along with its enclosures, sent in the name of Sri M.A. Khan, Member of Parliament. The complaint alleged that the 4th respondent had disproportionate assets, and his wife had purchased huge extents of land either herself or through benamies. The Joint Secretary informed that the matter should be looked into, and a detailed report sent to the Ministry for sending a suitable reply. While matters stood thus the fourth respondent informed the 1st respondent, vide letter dated 28.05.2011, that he had got the matter enquired into, and it was found that the representationist Sri T. Ramulu Naik did not exist, and it was a pseudonym petition. The fourth respondent requested the Government to order a CID probe as it was a case of forgery, criminal conspiracy and cheating. In his letter dated 23.05.2011, Sri M.A. Khan (Member of Parliament-Rajya Sabha) informed the Joint Secretary, Ministry of Home Affairs, Government of India that the letter sent in his name earlier was fabricated; no such letter was addressed by him either to the Home Secretary or to any one else; and the letter be treated as false. Thereafter the State Government, vide memo dated 02.08.2011, requested the Additional Director-General of Police, CID (7th respondent herein) to conduct an enquiry, and submit a report to the Government, into (a) who had forged the letter of Sri M.A. Khan, M.P; and (b) who had obtained all these documents running into hundreds of pages from the concerned Sub-Registrars offices. The 7th respondent informed the 4th respondent, by his letter dated 22.08.2011, that a





















































































































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