The Court emphasized the need for fair and just investigation and the discretion of the Magistrate in ordering further investigation.

JUDGMENT

Raj Mohan Singh, J. - Vide this common order, CRM-M No.35767 of 2019 and CRM-M No.24228 of 2018 are being decided.

2. In CRM-M No.35767 of 2019, petitioner has assailed the impugned proceedings arising out of FIR No.46 dated 03.11.2015 registered under Section 13(1)(d) of the Prevention of Corruption Act, 1988 and under Sections 406, 409, 420, 120-B, 467, 468, 471 IPC, Police Station State Vigilance Bureau, Gurugram qua the petitioner. In CRM-M No.24228 of 2018, petitioners seek appropriate directions to the respondents to transfer the investigation of the aforesaid case to some independent Agency at Central level or by the Special Investigation Team.

Since both the petitions have arisen out of same FIR, therefore, for brevity the facts are being culled out from CRM-M No.35767 of 2019.

3. Petitioner-Subhash Chander is working as District Horticulture Officer in the State of Haryana. Micro Irrigation Scheme was launched and the same was implemented under National Mission on Micro Irrigation. For availing assistance to the beneficiaries, a defined procedure was prescribed for availing the assistance. As per departmental guidelines, District Horticulture Officer is bound to release the subsidy on the basis of recommendation of Horticulture Development Officer. In the year 2011-12, petitioner was posted as District Horticulture Officer, Gurugram with an additional charge of Mewat. A complaint was received in respect of Micro Irrigation System implemented by the Horticulture Department, Haryana. The complaint was marked by Horticulture Administrative Department of the State of Haryana to the State Vigilance Bureau for investigation. The Vigilance Bureau after thorough investigation submitted a report dated 25.08.2015 recommending departmental proceedings to be initiated against the petitioner. State Vigilance Bureau also recommended registration of a criminal case against two officers namely Khalil Ahmed, Horticulture Development Officer and Satpal Raghav, APO and dealer Shamim Ahmed.

4. As per Scheme under National Mission on Micro Irrigation and the guidelines framed thereunder, role of the petitioner was of supervisory nature as he was required to carry out 20% of the total number of units installed. Vigilance report dated 25.08.2015 found that Shamim Ahmed son of Jafar Khan, owner of firm Dehana Enterprises authorized dealer of Harval Agwa India Private Limited in connivance with Khalil Ahmed District Horticulture Development officer, Ferozepur Jhirka, Satpal Raghav Assistant Planning Officer on the basis of fictitious documents have misappropriated an amount of Rs.1,04,20,736/- by misusing their official position. The case was recommended against them. The inquiry report also found that in accordance with the guidelines, the District Horticulture Officer shall check 20 units. In the inquiry report, it was also found that petitioner-Subhash Chander was District Horticulture Officer at the relevant time and by not checking the required units in accordance with the guidelines, he had committed negligence towards his duty, therefore, it was suggested to initiate action as per Rule 7 of the Haryana Civil Services Rules, 1987 (Punishment and Appeal) against Subhash Chand, District Horticulture Officer at that time.

5. The aforesaid recommendations were implemented. FIR was registered against the persons so found guilty in the report of investigation and departmental proceedings were initiated against the petitioner under Rule 7 of the Haryana Civil Services Rules 1987 (Punishment and Appeal). The report of the Vigilance i.e. Director General, State Vigilance Bureau, Haryana dated 25.08.2015 was approved by the Government i.e. Chief Minister through Chief Secretary, Haryana Government, Vigilance Department vide letter dated 07.10.2015. Consequently, the petitioner was chargesheeted under Rule 7 of the Rules 1987 vide memo dated 08.04.2015.

6. Vide order dated 15.12.2016, the Principal Secretary to Government of Haryana, Agric