NAFR HIGH COURT OF CHHATTISGARH, BILASPUR W.P(S) No.5641 of 2017 Mukesh Gupta S/o Shri Jaidev Gupta, Aged About 54 Years Occupation Service, Presently Working As Additional Director General Of Police, Economic Offences, Wing And Anti Corruption Bureau, Raipur, R/o E-2, Civil Lines, Raipur, District Raipur, Chhattisgarh, Civil & Revenue District Raipur (CG) ---- Petitioner Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Home, Mahanadi Mantralaya, Naya Raipur, Post Office And Police Station Naya Raipur, District Raipur, Chhattisgarh.

2. Director General Of Police, Police Headquarters, Chhattisgarh, Raipur, Chhattisgarh.

3. Inspector General Of Police, Raipur Range, Raipur, Chhattisgarh.

4. Chhattisgarh Lok Aayog, Through The Secretary, Chhattisgarh Lok Aayog, Gandhi Chowk, Raipur, Chhattisgarh. ---- Respondents For Petitioner: Shri Amit Anand Tiwari, Senior Advocate along with Shri Malay Shrivastava, Ms. Tanvi Anand and Ms. Anu Mishra, Advocates.

For Respondents No.1 to 3/State: Shri Ratan Pusty, G.A.

For Respondent No.4: Shri Pragalbha Sharma, Advocate.

Hon'ble Shri Justice Deepak Kumar Tiwari

Order on Board

15.04.2024

1. This Petition has been filed for the following reliefs:-

i. That, this Hon’ble Court may kindly be pleased to quash the impugned orders passed by the respondent No.4 i.e. order dated 12/10/2017 (Annexure-P/1) bearing No.3374/CGLA/Comp./30/2015; order dated 26/8/2017 (Annexure-P/2) bearing No.12760/CGLA/Comp./30/2015; and the order dated 9/5/2017 (Annexure-P/3) bearing No.1550/CGLA/Comp.30/2015.

ii. That, this Hon’ble Court may kindly be pleased to direct the respondent No.4 to close the entire proceedings initiated by it against the petitioner in case No.30/2015 pursuant to the endorsement of letter dated 9/2/2015, as the same are not at all maintainable before the respondent No.4 in view of the provisions contained under the Chhattisgarh Lok Aayog Adhiniyam, 2002 and the Chhattisgarh Lok Aayog (Investigation) Rules, 2002.

iii. That, this Hon’ble Court may also kindly be pleased to direct the respondent No.4 not to take any coercive steps against the petitioner.

iv. Cost of petition may also be granted to the petitioner.

v. Any other relief, which this Hon’ble Court deems fit and proper, may also kindly be granted to the petitioner, in the interest of justice.

vi. This Hon’ble Court may also kindly be pleased to quash the recommendation dated 30/10/2017 (Annexure P 3A) passed by respondent No.4.

2. The summary of the case is that on 09.02.2015, Complainant namely Shri Manik Mehta has sent a complaint along with an affidavit to Hon’ble the Chief Minister and other State functionaries and also endorsed a copy to Lok Aayog for conducting an impartial enquiry against the Petitioner herein, who was posted as Additional Director General of Police, EOW & ACB at the relevant time. Respondent No.4, on receiving such complaint, registered Case No.30/2015 in exercise of powers vested under Section 6 of The Chhattisgarh Lok Aayog Act, 2002 (hereinafter referred to as ‘the Act of 2002’) and a factual report was called upon from the State Government. In the complaint, it has been alleged that the Petitioner, being a public servant, has misused the powers of his post and has accumulated disproportionate property from his known source of income. On the basis of such complaint, Lok Aayog was prima facie of the opinion of taking cognizance of the case of committing misconduct as per Section 2(h) of the Act of 2002 wherein, commission of misconduct has been defined. Thereafter, after affording due opportunity of hearing to the Petitioner, his statement has been recorded. The Additional Superintendent of Police posted in the Lok Aayog has shown his inability to make investigation against such an Officer of higher rank with regard to his assets, therefore, in such circumstances, Lok Aayog has taken a view that the matter could be investigated by the Central Bureau of Investigation for which, a communication has been sent vide