Hon’ble Sudhir Agarwal, J.—“Ghaziabad General Provident Fund Scam”, a term used commonly in the last five years, in a matter where several crores of rupees were fraudulently withdrawn from Government Treasury under the Head of “General Provident Fund” (hereinafter referred to as the “GPF”) in respect of persons, some of whom were working as Class-III and Class-IV employees in Ghaziabad Judgeship, and, some were rank outsiders. It sounds strange that in a temple of justice, a fraud of such an extent could intrude and successfully continued for amply long period of 6 to 7 years. More important is that the District Judges continued to change but none, either could check it, or did intend to check it.

2. The fact remains that more than six crores of rupees, as a matter of fact, were fraudulently withdrawn and had not been restored to public exchequer, so far. The beneficiaries are enjoying the loot, sitting happily over it. The partial investigation is over and prosecution is still at nascent stage. It is almost five years since the date of registration of the case with police.

3. The genesis of action relates back to sometime in 2008 when, High Court, on administrative side, received information that crores of rupees have been withdrawn fraudulently from GPF of a large number of Class-III and Class-IV employees. The internal vigilance team of the Court made a fact finding inquiry and submitted a report, confirming such fraudulent withdrawal. Under authorisation given by the High Court, Crime No. 152 of 2008, under Sections 409, 420, 467, 468, 471, 477A, 120 IPC and Sections 8, 9, 13(2) read with 13(1)(d) and 14 of Prevention of Corruption Act, 1988 (hereinafter referred to as the “PCA, 1988”) was registered at Police Station Kavinagar, District Ghaziabad, on 15.2.2008, on a written complaint of Smt. Rama Jain, Special Judge and Vigilance Officer, Ghaziabad Judgeship.

4. The First Information Report (hereinafter referred to as the “FIR”) named, Ashutosh Asthana, the then Central Nazir, District Court Ghaziabad and 82 other persons (13 Class-III employees, 30 Class-IV employees and 39 outsiders). It was alleged that Ashutosh Asthana, in collusion with other accused, named in the FIR, fraudulently withdrew huge sum of money in the name of G.P.F. of Class IV employees of District Judgeship, Ghaziabad. About Rupees seven Crores between 2001 and 2008 was allegedly withdrawn from GPF of Class IV employees out of which, only in the year 2007, about Rs. 4 Crores were withdrawn fraudulently, and in conspiracy by the accused persons.

5. The local police made preliminary investigation, arrested 62 named accused and also collected copies of certain relevant documents. The principal accused, Ashutosh Asthana got a statement recorded under Section 164 Cr.P.C. before Magistrate, in which, he admitted fraudulent withdrawal in the name of GPF of Class-IV employees but alleged that it was done at the instance of the then District Judges, Ghaziabad and proceeds of crime was utilised for providing benefits to various Judges (Administrative and other Judges of Court of record) and Judicial Officers.

6. The local police filed police reports dated 14.4.2008, 22.4.2008 and 4.5.2008 before District Judge, Ghaziabad, which were transmitted to Special Judge, Anti-Corruption/E.C. Act, for further action. The local police also filed five charge-sheets against 75 persons.

7. Since the scope of investigation brought in certain sitting and retired Judges of Courts of record as also several District Judges, the Superintendent of Police, Ghaziabad sent letter to State Government requesting for transfer of investigation to Central Bureau of Investigation (hereinafter referred to as the “CBI”).

8. At this stage, a Special Leave Petition No. 1298 of 2008, Nahar Singh Yadav and another v. Union of India and others, was filed in Supreme Court requesting for transfer of investigation to CBI. The State Government then issued a notification dated 10.9.2008 in purp