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2022 Supreme(Cal) 201

IN THE HIGH COURT OF JUDICATURE AT CALCUTTA
BIBEK CHAUDHURI, J.
Central Bureau of Investigation (Special Case No.04/99) - Petitioner
Versus
S.R. Ramamani & Others - Respondents
IA No. CRAN. No. 1 of 2018 (Old No. CRAN/2687 of 2018) In CRM. SPL/134 of 2018
Decided On : 11-05-2022

Advocates Appeared:
For the Petitioner: Anirban Mitra.
For the Opposite Parties : Abhra Mukherjee, Somen Bose, Sauradeep Dutta.

The court emphasized the importance of hearing from the Director General of CBI and addressing non-compliance with departmental circulars.

Headnote:

CBI - Director General - The court directed the Director General of CBI to be heard virtually and submit statistics showing the officers against whom departmental proceedings have been initiated for non-compliance with departmental circulars.

Fact of the Case:

The Deputy Superintendent of Police, CBI filed a report in the form of an affidavit, and the court found that the issue raised could not be decided without hearing the Director General of CBI.

Finding of the Court:

The court directed the Director General of CBI to be heard virtually and submit statistics showing the officers against whom departmental proceedings have been initiated for non-compliance with departmental circulars. The delay in the application for special leave to appeal was condoned, and leave was granted with the direction to file the memorandum of appeal within 30 days.

Issues: The issue raised by the court could not be decided without hearing the Director General of CBI.

Ratio Decidendi: The court's decision was influenced by the need to hear from the Director General of CBI and to address non-compliance with departmental circulars.

Final Decision: The court granted leave for the application for special leave to appeal and directed the appellant to file the memorandum of appeal within 30 days.

JUDGMENT :

(Via Video Conference)

1. In terms of the order dated 6th April, 2022, the Deputy Superintendent of Police, CBI has filed a report in the form of an affidavit. Let the report in the form of affidavit be kept with the record. In course of hearing, this Court is of the view that the issue raised by this Court cannot be decided without hearing the Director General of CBI because the circulars annexed with the instant report are departmental circulars where the officers responsible for according permission to file appeal was either cautioned or directed to deal with the proposal for file an appeal against acquittal within the period of limitation, failing which even the concerned officer would be subjected to departmental proceeding.

2. The matter is heard-in-part. This Court is of the view that the Director General, CBI should be heard virtually and for this purpose the matter be fixed on 8th June, 2022 at 2 p.m. The learned Advocate for the CBI is also directed to submit a statistics/ Data showing the names and numbers of officers of Kolkata Branch of CBI, against whom departmental proceeding has been initiated for non-compliance of the above-mentioned circulars annexed with the report.

3. A plain copy of this order be served upon the learned Advocate for the CBI for communication.

In re : CRMSPL/134/2018

4. Since delay has been condoned, the application for special leave to appeal is taken up for hearing. Perused the impugned judgment. Leave is granted. The appellant is directed to file the memorandum of appeal within 30 days from the date of this order.

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