AT CHANDIGARH Date of Decision: 04.03.2025 RAJENDER PARSHAD -PETITIONER V/S STATE OF HARYANA AND OTHERS -RESPONDENTS CWP-10421-2024 (O&M)

SANJAY SIMBERWAL -PETITIONER V/S STATE OF HARYANA AND OTHERS -RESPONDENTS CWP-11024-2024 (O&M)

NARENDER KUMAR AND OTHERS -PETITIONERS V/S STATE OF HARYANA AND OTHERS -RESPONDENTS CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI Present: Mr. Sanjiv Gupta, Advocate, for the petitioner in CWP-8744-2024.

Mr. Anshul Mangla, Advocate for the petitioner in CWP-10421-2024.

Mr. Devender Arya, Advocate, for the petitioners in CWP-11024-2024.

Mr. Pankaj Mulwani, DAG, Haryana.

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KULDEEP TIWARI, J. (Oral)

1. In all above subjected writ petitions a challenge is thrown to a common order dated 29.02.2024, passed by the Commissioner, Gurugram Division, Gurugram, wherethrough, permission has been granted under Section 17-A of the Prevention of Corruption Act, 1988 (hereinafter referred to as the 'Act of 1988'), therefore, amenable to be decided together through a common order.

2. The petitioners herein are officials of the Mines and Geological Department, Haryana, have approached this Court, fetching grievance from the impugned order (supra), wherethrough, permission under Section 17-A of the Act of 1988, for initiation of enquiry/investigation has been granted.

3. Before this Court embark upon the submissions, as made by learned counsel for the petitioners, lets have a glance over the facts, upon which there is no wrangle between the parties concerned.

i. A source report was received in the Vigilance Department at Narnaul, with regard to some embezzlement of funds in the Department of Mines and Geological, Haryana, and on the basis of the said complaint a regular vigilance Enquiry No.1, dated 29.06.2021, was registered after getting the approval from the State Government vide 32/5/2021-4(1) dated 25.06.2021, and further, the Director General, State Vigilance Bureau, Haryana (now Anti Corruption Bureau), also accorded permission vide its letter dated 29.06.2021.

ii. During the course of enquiry, it was found that the Principal Bench, National Green Tribunal, New Delhi (hereinafter, referred to as the 'NGT') laid down some terms, on which vehicle, or other equipment, as involved in the illegal mining can be released. Such guidelines/terms were issued vide order dated 19.06.2020. The relevant extract of the guidelines is extracted hereinafter:-

“(1) Vehicles/Equipments/Excavators with showroom: Invoice category/ value more than Rs. 25 lakhs and life less then 5 years old will pay Penalty Amount of RS 4 Lacs.

(2) Vehicles/Equipments/ Excavators with showroom category/ value more than Rs. 25 lacs and more than 5 years but less then 10 years old will pay Penalty Amount of Rs 3 Lacs.

(3) For the remaining Vehicles older then 10 Year, Equipment/ Excavators which are otherwise legally permissible to be operated and not covered by Serial No. 1 and 2 then Penalty Amount be Rs 2 Lacs.”

iii. Further during enquiry, it surfaced that the officers/employees of the Mining and Geological Department Narnaul, in collusion with the vehicle owners prepared fake invoice bills, affidavits, etc., and the same were attached with the challan for paying the fine. Even in some cases, they changed the category, and the value of the seized vehicles, so as to grant benefit to those vehicle owners by imposing lesser penalty. On the basis of the fake invoices bills and false affidavits, the vehicles were released by paying very less penalty in violations of the orders of the NGT, which caused financial loss of lakhs of rupees to the Exchequer. This practice was found to be prevalent from February, 2020 to September, 2020.

iv. During the aforesaid period, the petitioners were found to be posted at Mining and Geological Department, at Narnaul, and it further surfaced during the enquiry that they being the officers/officials of the department concerned, were in collusion with the vehicle owners, not only accepted the fake invoices for the seized vehicles, but also