The mandatory nature of the provisions under Section 17 of the PC act and the importance of fulfilling statutory expectations with due care and caution.

JUDGMENT

anu Malhotra, J. - CRL.M.a.4597/2022 (Ex.)

1. Exemption allowed subject to all just exceptions.

The application stands disposed of.

CRL.M.C. 1069/2022

2. The petitioner, vide the present petition seeks the setting aside of the orders dated 13.01.2022 and 07.03.2022 of the Court of the learned Special Judge, PC act (CBI-03), Rouse avenue, District Court, New Delhi in Misc. DJ aSJ : 90/2021. The impugned orders dated 13.01.2022 and 07.03.2022 indicate that the respondent to the petition Mr.Sachin Garg has not been a party to the proceedings which have been impugned and it is submitted on behalf of the CBI that he is an accused in relation to RC No.219/2021 E0007 registered on 22.09.2021.

3. It is informed on behalf of the CBI in reply to a specific Court query that the investigation is still in progress and that the said Mr.Sachin Garg has so far not been arrested.

4. The petitioner is aggrieved by the order dated 13.01.2022 of the learned Special Judge, PC act (CBI-03), Rouse avenue, District Court, New Delhi which on a perusal thereof is indicated to be on an application under Section 17 of the Prevention of Corruption act, 1988 (hereinafter referred to as the PC act, 1988) filed on behalf of the CBI seeking permission to entrust the investigation of the case RC No.219/2021 E0007 to Sh. T.D. Tripathi, Sub Inspector of Police, CBI. EO-I, New Delhi, in as much as, vide the said order dated 13.01.2022 whilst there was no adjudication of the prayer made by the petitioner qua the application under Section 17 of the PC act, 1988 seeking permission for entrustment of the investigation of the RC No.219/2021 E0007 to Sh. T.D. Tripathi, Sub Inspector of Police, CBI. EO-I, New Delhi, it had been observed vide paragraphs 8, 9, 10 & 11 to the effect:-

'8. In view of the above facts, instant application has been moved seeking permission to entrust the instant case to Sh. T.D. Tripathi, Sub Inspector of Police, CBI. EO-I, New Delhi for investigation.

9. Various opportunities have been given to the prosecution to explain the circumstances preceding the present application, however, no opportunity has been utilized and it is repeated merely due to occupation of IOs i.e. SSPs, DSPs and Inspectors of the Branch being pre-occupying with investigation of other cases entrusted to them and being busy with investigation of Coal Block allocation case, no IO of appropriate rank for conducting investigation is available. The averment as it on its face sounds is devoid of reasonableness and substance. at the threshold, it be observed that no material by way of any document to suggest number of IOs, their names and their being assigned investigation of which matter is detailed. In a general manner, casually and carelessly as a matter of right and assertion it is being claimed. any govt. official who is assigned to any department is expected to perform the work and it cannot be a ground for taking away the jurisdiction that he is busy. Furthermore, the responsibility of equivalent, fair and proper work assignment and distribution of work is the duty and part of responsibility of the administrative Head of the Department. Nowhere any material by way of any noting/copy etc. to show any application of mind in discharge of above responsibility is pointed out or is substantiated to suggest peculiarity of circumstances having been arisen out of exhausting work load or being beyond control for which he has applied reasons and despite the same been left helpless. In this background, the possibilities of the submissions having arisen from an unscrupulous background cannot be completely dislodged. It also indicates towards the incompetence of the concerned partially involved in forming the contents of present application.

10. In the circumstance above, it is necessary that the Department Head/In-charge, who in this case is Director, CBI, must be forwarded a link to give him an opportunity of proper explanation and also show requisite material declining investigation/