1. These writ petitions are filed by the petitioners challenging the government order in G.O.Ms.No.593, Home (Pol.VII) Department, dated 25.6.2010. By the impugned government order, the Government has decided to transfer the case registered against the petitioners at Chromepet Police Station to the Central Bureau of Investigation and to accord consent to Central Bureau of Investigation under Section 6 of the Delhi Special Police Establishment Act, 1946 to enable the Government of India to extend jurisdiction of Delhi Special Police Establishment (CBI) to investigate the said case against the petitioners, who are Deputy Warden (Ladies Hostel) and Maintenance Supervisor respectively of Sri Balaji Medical College and Hospital, Chromepet, Chennai, a constituent of Bharath Institute of Higher Education and Research, Chennai, a Deemed University.

2.1. The petitioners are employed as Deputy Warden (Ladies Hostel) and Maintenance Supervisor of Sri Balaji Medical College and Hospital. The employer of the petitioners, viz., the Management, has lodged a criminal complaint with the fourth respondent (Inspector of Police, Chromepet Police Station) alleging that the petitioners have induced a student promising admission in the college and attempted to receive huge amounts. The complaint of the de facto complainant was taken on file and a case was registered in Crime No.290 of 2009 against the petitioners for an offence punishable under Section 420 read with Section 511 of the Indian Penal Code. The petitioners obtained anticipatory bail and are complying with the condition imposed therein by reporting to the fourth respondent and are co-operating with the fourth respondent for investigation. It is stated that the management has initiated disciplinary proceedings and the petitioners were dismissed from service.

2.2. It is stated that the petitioner in W.P.No.15646 of 2010 had filed Criminal Original Petition in Crl.O.P.No.11282 of 2010 for quashing the first information report and that came to be dismissed by this Court, by order dated 13.5.2010, with a direction to the fourth respondent to file final report within a period of four weeks. It is stated that the fourth respondent has completed investigation and a report was filed before the Judicial Magistrate, Tambaram and the same was taken on file as C.C.No.528 of 2010 and summons have been issued for appearance of the petitioners (accused).

2.3. It is stated that in the meantime, the impugned government order came to be issued by the first respondent transferring the case to Central Bureau of Investigation for investigation, observing as if the investigation is still pending with the fourth respondent. It is also stated that the criminal court has completed trial and convicted the petitioners in the judgment dated 13.8.2010. Therefore, the impugned order is challenged on various grounds, including

(i) that the same has been passed with total non application of mind, with mala fide intention and arbitrarily;

(ii) that as per the provisions of the Delhi Special Police Establishment Act, 1946, the Central Government's power to extend to any area in a State, not being a Union Territory, the powers and jurisdiction of members of the Delhi Special Police Establishment itself is for investigation of offences and in the facts of the present case, investigation has already been completed, final report was filed before the competent criminal court, summons were issued to the parties for hearing on 6.8.2010 by the

Judicial Magistrate, Tambaram and in spite of it the impugned order has been passed without taking note of these crucial facts;

(iii) that such transfer of investigation under the provisions of the Delhi Special Police Establishment Act, 1946 is possible only in cases where final report has not been filed and investigation was pending and even in such cases, transfer should be for a proper reason;

(iv) that the impugned government order would amount to re-investigation of a case whi