The court ruled that inquiries initiated based on anonymous complaints violate statutory requirements, leading to quashing of proceedings due to improper legal process.

JUDGMENT :

SANJAY KUMAR DWIVEDI, J.

1. Heard learned counsel appearing for the petitioner, learned counsel for the respondents-State and learned counsel appearing for the respondent-Lokayukta.

2. Prayer in this writ petition is made for quashing of the letter dated 06.07.2023 contained in Annexure-20, which has been served upon the petitioner by letter dated 31.07.2023, by which, the petitioner has been informed that the State Government has granted sanction for institution of the preliminary enquiry against the petitioner on the issue of earning disproportionate assets during his serve in the capacity of the Divisional Forest Officer (DFO), West Forest Division, Hazaribag. Prayer is also made for restraining the respondents for institution of any preliminary enquiry against the petitioner, since the same is not in accordance with law.

3. Mr. Rajendra Krishna, learned counsel appearing for the petitioner submits that the petitioner was superannuated on 28.02.2021 and during his working as an IFS officer on the post of Chief Conservator of Forest-cum-Chief Coordinator, World Food Programme, Jharkhand, Ranchi. He submits that the petitioner has unblemished service record during his working for 33 years in different capacities under the State Government. He further submits that the petitioner has received a letter dated 30.03.2021 from the Under Secretary, Department of Forest, Environment and Climate Change, Government of Jharkhand, in which, the inquiry report of DSP (ACB) dated 07.07.2020 was enclosed, of which, the petitioner submitted his reply on the findings given in the inquiry report. He submits that the petitioner has submitted his detailed reply dated 17.05.2021 to the Under Secretary, Department of Forest, Environment and Climate Change, Government of Jharkhand. He then submits that the allegations are levelled against the petitioner is that he is having the disproportionate assets to the tune of Rs. 14,80,905/-. He submits that on an anonymous complaint by a person, the learned Lokayukta has directed the ACB to make an inquiry.

4. Learned counsel appearing for the petitioner has drawn the attention of the court of page-143 of the writ petition, which is the guidelines issued by the Central Vigilance Commission (CVC) and submits that no inquiry investigation can be carried out on any anonymous complaint / petition and this fact was also stated by the petitioner in the reply to the department and in spite of having categorical prohibition for initiation of such inquiry on the basis of any anonymous letter, the said case is registered. He submits that by memorandum dated 18.10.2013 and 18.06.2014, issued by the Department of Personnel, Administrative Reforms and Rajbhasha, Government of India has been communicated to all the Secretaries of the State Government and the State of Jharkhand has also been circulated the aforesaid memorandum to all its Secretaries. He further submits that in absence of any proper approval of the Departmental Minister, under Section 17 of the Prevention of Corruption Act amended in 2018, all action has been taken. He submits that false allegations are also made in the inquiry report that the petitioner has second wife, which is not correct, as the petitioner is having only one wife and has one unmarried daughter, which is