SIDDHARTH MRIDUL, J

1. The present petitions raise a common issue of law and are being disposed of by this common order. By way of the present writ petitions, the Central Bureau of Investigation (hereinafter referred to as ‘the CBI’) assails the orders passed by Special Judge, CBI dated 18.02.2013 and 07.05.2014 whereby the CBI was directed to conduct investigation and proceed with the complaint of the respondents herein.

2. The facts in brief pertaining to W.P.(CRL.) No. 903/2013 are as follows:-

“A. Mr. R.K. Yadav (the respondent in the instant petition) is the former General Secretary, Cabinet Secretariat (RAW) Employees Association (Regd.), an association of RAW employees. On 28.02.1996, the respondent filed a complaint under Section 156 (3) of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘the Code’) with a prayer to initiate action against Mr. A.K. Verma and his family members for misappropriation of secret funds and possessing assets disproportionate to his known source of income.

B. The allegations in the complaint were on the basis of news published on 27.04.1992 in the Indian Express and Jansatta, that the then two serving Joint Secretaries of RAW, namely Mr. B. Raman and Mr. V. Balachandran at the behest of then Secretary, Mr. A.K. Verma floated a private limited finance company “Piyush Investment and Finance Pvt. Ltd.’ in violation of All India Service Conduct Rules. This company was allegedly used to embezzle secret funds of RAW for Mr. A.K. Verma’s personal gains. It was also alleged that many similar companies were floated in the name of his junior officers in many other States to siphon out secret funds of RAW for himself and his family members.

C. It was further alleged that the accused accumulated various properties, movable as well as immovable. The allegations of corruption and criminal conspiracy were thus levied against Mr. A.K. Verma.

D. The afore-mentioned complaint was dismissed vide order dated 08.07.1996 inter alia on the ground of absence of substantial evidence. The allegations of diversion of secret funds of RAW to the accused persons’ accounts were regarded baseless and without foundation by the Special Judge, CBI. Thereafter, the respondent moved this Court by filing a revision petition being Criminal Revision Petition No. 224/1996, which was dismissed vide order dated 10.09.1999 wherein this Court held that the Special Judge had assigned valid reasons for rejecting the application of the respondent.

E. Thereafter, on 29.09.1999 the respondent filed another complaint with the CBI and the Central Vigilance Commission. Nine years thereafter, on 31.07.2008, the respondent filed an application under Right to Information Act, 2005 to the CBI enquiring therein the status of his complaint dated 29.09.1999 against Mr. A.K. Verma. The respondent was informed that the complaint was considered by the CBI and was not found worthy of any enquiry. Hence, the same was dropped and the file pertaining to his complaint was not traceable.

F. The respondent then on 30.10.2009 approached the Special Judge, CBI by filing a complaint case being CC No. 01/2009 with similar set of allegations. The Special Judge vide order impugned herein dated 18.02.2013 directed the CBI to depute a senior Officer to carry out investigation regarding the ownership and value of properties allegedly owned by Mr. A.K. Verma and his family.

3. The facts in brief pertaining to W.P.(CRL.) No. 1540/2014 are as follows:-

A. The respondent was working as a Director (S & T), RAW, Cabinet Secretariat at the relevant time. An inter-ministerial working group (IMWG) was constituted by the Government of India to monitor and control the export licence of certain high risk commodities whose export would adversely affect the security and economy of the country, the respondent herein was one of the members of IMWG representing the Cabinet Secretariat along with other members representing various Ministries and Departments.

B.