Court mandated an independent investigation by the CBI into allegations of financial irregularities involving public officials to maintain credibility and protect public interest.

JUDGMENT :

Vipin Sanghi, J.

We have heard Mr. Kumar, learned counsel for the petitioner-Deepak Kargeti, Mr. S.N. Babulkar, learned Advocate General, representing the State of Uttarakhand, Mr. Murari Tiwari and Mr. Aditya Singh, learned counsels for the respondent-Dr. Harminder Singh Baweja and, Mr. B.P. Nautiyal, learned Senior Counsel on behalf of M/s Anika Traders.

2. The first of these petitions, being Writ Petition (PIL) No. 03 of 2023, was preferred at the end of December 2022, to seek the constitution of a High Level Enquiry Committee / independent Enquiry Committee for enquiring into the allegations of serious financial and administrative irregularities, allegedly committed by respondent No. 3, i.e., Dr. Harminder Singh Baweja, who was then posted as Director, Horticulture and Food Processing, Uttarakhand. In the petition, the petitioner made allegations that after his appointment on 27.01.2021 as Director, Horticulture and Food Processing, Dr. Harminder Singh Baweja, had caused a loss to the State and, to the people of the State, by revising the rates of Kiwi seedling plants from Rs.35/- to Rs.75/- per plant, and that of the grafted Kiwi plant from Rs.75/- to Rs.175/- per plant. The petitioner alleged that a complaint had been made against Dr. Harminder Singh Baweja to the Government, and the complainant Gopal Dutt Upreti has also filed an affidavit in support of the same. It was also alleged that directions were issued by Dr. Baweja to the Chief Horticulture Officers, District Horticulture Officers of the State, and other subordinate officers, requiring them to purchase the seedlings of Apple, Apricot, Pear, Almond and Peach from Javid Nursery, Qaimoh Kulgam, Jammu & Kashmir during 2021-2022. The petitioner also alleged that Dr. Baweja again revised the rates for purchase and sale of all varieties of Kiwi plants from Rs.75/- to Rs.225/- per plant, and that of grafted Kiwi plants from Rs.175/- to Rs.275/- per plant. Other allegations were also made in relation to the purchase of Ginger and Turmeric seeds. However, no action was taken in respect of the said complaints to enquire into the conduct of Dr. Harminder Singh Baweja. The petitioner also alleged that Dr. Baweja was a tainted officer, and he was already facing an enquiry by the State of Himachal Pradesh in respect of alleged financial irregularities committed by him, while holding the post of Director, Horticulture, Shimla. The petitioner alleged that he had made certain other representations repeatedly, but to no avail.

3. This Court issued notice in the Writ Petition (PIL) No. 03 of 2023 on 07.01.2023. Counter-affidavits were required to be filed by the respondents, and the matter was adjourned to 19.06.2023.

4. The State filed its counter-affidavit, inter alia, stating that on the basis of several complaints received against Dr. Baweja regarding alleged financial and administrative irregularities, while holding the post of Director, Horticulture and Food Processing, Uttarakhand, the then Secretary, Agriculture and Farmer Welfare, Government of Uttarakhand was appointed as the Enquiry Officer vide Office Order dat