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DELHI HIGH COURT
Badar Durrez Ahmed, V.K.Jain, JJ.
Rakesh Kumar S/o Sh.O.P.Gupta, (IFS:1972) - Appellant
Versus
Union of India - Resopndent
W.P.(C) 3203/2012
Decided On : 29-05-2012
Corruption - Indian Foreign Service - Prevention of Corruption Act - IPC - [Sections 420/468/471 IPC, Section 13(2) read with 13(1)(d) of the Prevention of Corruption Act] - The judgment discusses the charges against the petitioner under various articles and the legal principles regarding simultaneous disciplinary and criminal proceedings.
Fact of the Case:
The petitioner, a member of Indian Foreign Service, was charged under various articles related to corruption and misconduct while serving as Director General of Indian Council for Cultural Relations (ICCR). The petitioner challenged the charge-sheet and subsequent rejection of his representation through multiple legal proceedings.
Finding of the Court:
The court upheld the rejection of the petitioner's representation and dismissed the writ petition, emphasizing that no complicated questions of fact or law were likely to arise for consideration in the disciplinary proceedings.
Issues: The issues revolved around the rejection of the petitioner's representation, the simultaneous nature of disciplinary and criminal proceedings, and the potential prejudice to the petitioner.
Ratio Decidendi: The court emphasized that the standard of proof required in a criminal trial is much higher than in a departmental inquiry, and the findings in disciplinary proceedings are not binding on the criminal court. It also highlighted that no legal bar exists on conducting disciplinary and criminal proceedings simultaneously.
Final Decision: The writ petition was dismissed with no orders as to costs.
V.K. Jain, J.
The petitioner is a member of Indian Foreign Service (IFS) and was on deputation with Indian Council of Cultural Relations (ICCR), as its Director General from 19.08.2003 to 12.09.2005. An FIR under Sections 420/468/471 IPC and Section 13(2) read with 13(1)(d) of the Prevention of Corruption Act was registered by the Central Bureau of Investigations, on 27.02.2006. On completing investigation, the CBI filed a charge-sheet on 24.12.2007 against five persons, including the petitioner. A charge-sheet comprising the following charges was served upon the petitioner, vide memorandum dated 01.04.2008.
“Article I: That the said Shri Rakesh Kumar, while working as Director General, Indian Council for Cultural Relation Relations (ICCR), facilitated empanelment of a bogus cultural group called “Mehak Punjab Di”.
Article II: That the said Shri Rakesh Kumar, while working as Director General of Indian Council for Cultural Relations, illegally trafficked nine individuals to Germany under the guise of the said cultural group “Mehak Punjab Di” by misusing his official position for extraneous considerations.
Article III: That the said Shri Rakesh Kumar, while working as director General of Indian council for Cultural Relations, entered into a criminal conspiracy with some persons with a motive to cheat ICCR (Government of India) by way of illegal human trafficking from India to Germany on government expenses, for their personal gains/illegal gratification.
Article IV: That the said Shri Rakesh Kumar, while working as DG, ICCR, exercised undue influence on the members of the Experts Sub Committee for empanelment of cultural group “Mehak Punjab Di” though the performance of the group was not up to the mark.
Article V: That the said Shri Rakesh Kumar, while working as DG, ICCR, tampered with the official file containing minutes of the Experts Sub-committee by removing the note dated 24.08.2005 of Shri M.S. Grover, the then DDG (P), for approval of President, ICCR, and substituting the same with a note dated 25.08.05 of Shri R.M. Aggarwal, the then DDG.
Article VI: That the said Shri Rakesh Kumar, while working as DG, ICCR, approved the empanelment list on the note of Shri R.M. Aggarwal, the then DDG (P) on 25.08.2005 without obtaining the approval of President ICCR, against the precedent followed in ICCR regarding the procedure of empanelment of cultural groups/artistes.
Article VII: That the said Shri Rakesh Kumar, while working as DG ICCR, sent a letter Dy No. OCD/165/2005-2006 dated 05.09.05 to Joint Secretary, Europe I Division seeking political clearance for the said group “Mehak Punjab DI” in which Shri Rakesh Kumar conveyed factually incorrect information that the said group was visiting Germany and other neighbouring countries whereas the said group was slated to visit Germany only.
Article VIII: That the said Shri Rakesh Kumar, went to Ludhiana, Punjab, on 01.09.2005-02.09.2005 to Shri Hargulab Singh and Shri Shiv Kumar Sharma, on the pretext of watching the performance of “Mehak Punjab Di”. Shri Rakesh Kumar sexually exploited a lady artist named Ms. Anju in Hotel Classic Retreat, Ludhiana. No prior/post approval for the said visit was obtained by Shri Kumar, who claimed an amount of Rs 170 towards Daily Allowance for one-day stay at Ludhiana. Payment of the said amount was made to Shri Kumar vide cheque No.023543 dated 24.02.06.”
2. OA No.1876/2008 was filed by the petitioner before the Central Administrative Tribunal (herein after referred to as the “Tribunal”), Principal Bench, New Delhi, challenging the charge-sheet. The same was disposed of by the Tribunal vide order dated 22.12.2009. The Tribunal noted that the petitioner had made a representation dated 13.05.2008 to the President of India, taking a number of grounds, but the Disciplinary Authority, while considering the representation and deciding to institute an inquiry, had not discussed the points raised by the petitioner. The Tribunal directed the Disciplinary A
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