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2024 Supreme(Online)(CG) 8601
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPPIL No. 81 of 2023 • Nanki Ram Kanwar, Member Of Legislative Assembly, Rampur Con-
stituency No. 20 S/o Shri Patram Kanwar Aged About 79 Years R/o Rani Road Korba, District- Korba (C.G.)
---- Petitioner Versus
1. State Of Chhattisgarh Through The Chief Secretary, Government Of Chhat-
tisgarh, Naya Raipur, Po Rakhi, District- Raipur (C.G.)
2. Union Of India Through The Secretary, Department Of Home Affairs, Ndcc-
2 Building, Jai Singh Road, Near Jantar Mantar, New Delhi- 110 001
3. Chhattisgarh Public Service Commission Through Its Secretary, North Block, Sector-19, Nawa Raipur, Atal Nagar, District- Raipur (C.G.)
4. Examination Controller Chhattisgarh Public Service Commission, North Block, Sector- 19, Nawa Raipur, Atal Nagar, District- Raipur (C.G.)
5. Central Bureau Of Investigation Through Its Director, Plot No. 5-B, 6th Floor, Cgo Complex, Lodhi Road, New Delhi- 110003
6. Nitesh Selected As A Deputy Collector, Through Cg Psc, North Block, Sec-
tor-19, Nawa Raipur, Atal Nagar, Raipur (C.G.)
7. Sahil Selected As A Dsp, Through Cg Psc, North Block, Sector-19, Nawa Raipur, Atal Nagar, Raipur (C.G.)
8. Sunita Joshi Selected As A Labour Officer, Through Cg Psc, North Block, Sector-19, Nawa Raipur, Atal Nagar, Raipur (C.G.)
9. Sumit Dhruv Selected As A Deputy Collector, Through Cg Psc, North Block, Sector-19, Nawa Raipur, Atal Nagar, Raipur (C.G.)
10.Neha Xalxo Selected As A Deputy Collector, Through Cg Psc, North Block, Sector-19, Nawa Raipur, Atal Nagar, Raipur (C.G.)
11.Nikhil Xalxo Selected As A Deputy Collector, Through Cg Psc, North Block, Sector-19, Nawa Raipur, Atal Nagar, Raipur (C.G.)
12.Sakshi Dhruw Selected As A Deputy Collector, Through Cg Psc, North Block, Sector-19, Nawa Raipur, Atal Nagar, Raipur (C.G.)
13.Pragya Nayak Selected As A Deputy Collector, Through Cg Psc, North Block, Sector-19, Nawa Raipur, Atal Nagar, Raipur (C.G.)
14.Prakhar Nayak Selected As A Finance Officer, Through Cg Psc, North Block, Sector-19, Nawa Raipur, Atal Nagar, Raipur (C.G.)
15.Ananya Agrawal Selected As A Deputy Collector, Through Cg Psc, North Block, Sector-19, Nawa Raipur, Atal Nagar, Raipur (C.G.)
16.Shashank Goyal Selected As A Deputy Collector, Through Cg Psc, North Block, Sector-19, Nawa Raipur, Atal Nagar, Raipur (C.G.)
17.Bhumika Katiyar Selected As A Deputy Collector, Through Cg Psc, North Block, Sector-19, Nawa Raipur, Atal Nagar, Raipur (C.G.)
18.Khushbu Bizoara Selected As A Deputy Collector, Through Cg Psc, North Block, Sector-19, Nawa Raipur, Atal Nagar, Raipur (C.G.)
19.Swarnim Shukla Selected As A Assistant Director (Tribal), Through Cg Psc, North Block, Sector-19, Nawa Raipur, Atal Nagar, Raipur (C.G.)
20.Rajendra Kumar Kaushik Selected As A Deputy Collector, Through Cg Psc, North Block, Sector-19, Nawa Raipur, Atal Nagar, Raipur (C.G.)
---- Respondents (Cause title taken from Case Information System)
For Applicant : Mr. Sanjay Kumar Agrawal, Advocate.
For Respondent No. 1 /State : Mr. Prafull N. Bharat, Advocate General along with Mr. R.S. Marhas, Additional Advocate General.
For Respondent No. 2 : Mr. Ramakant Mishra, DSG along with Mr. Tushar Dhar Diwan, CGC For Respondent No. 3 & 4 : Mr. Anand Mohan Tiwari, Advocate.
For Respondent No. 5 : Mr. Vaibhav A. Goverdhan, Advocate.
For Respondents No. 6, 12, 13, 14, 15, 18, 20 : Mr. Mateen Siddqui Adv and Mr. Harshwardhan Praganiha, Adv For Respondent No. 07 : Dr. N. K. Shukla, Sr. Adv., along with Ms. Shakshi Dewangan, Adv.
For Respondent No. 8 : Mr. Ashish Shrivastava, Sr. Adv along with Mr. Aman Pandey, Adv.
For Respondent No. 9 : Mr. Venketesh Pandey, Advocate For Respondent No. 10 & 11 : Mr. Manoj Sharma, Sr. Adv along with Mr. Abhyuday Singh and K. Rohan, Advs Respondent No. 16 & 17 : Mr. Sabyasachi Bhaduri, Adv and Mr.
Harsh Dave, Adv.
For Respondent No. 19 : Mr. Sudeep Shrivastava, Adv.
For Intervenor : Mr. Anurag Dayal Shrivastava, Adv.
Hon'ble Shri Ramesh Sinha, Chief Justice Hon’ble Shri Arvind Kumar Verma, Judge
Order on Board
Per Ramesh Sinha , Chief Justice
14/02/2024
1. The present petition has been filed by the petitioner with the following relief(s):-
10.1 That, the Hon’ble Court may be kindly pleased to call for the entire records in the possession of the respondents in respect of the subject matter of the instant PIL, for its kind perusal.
10.2 That, the Hon’ble Court may be kindly pleased to direct for fair and impartial investigation in respect of the Chhattisgarh PSC Exam 2021 scam to be conducted by any independent agency preferably by the Central Bureau of Investigation (CBI) and submit its report.
10.3 That, the Hon’ble Court may kindly be pleased to subsequently also direct the respondents to take strict actions including cancellation of examination, conducting of departmental enquiry against officials involved etc. in accordance with law.
10.4 That, the Hon’ble Court may be pleased to grant any other relief which the Hon’ble Court deems fit and proper in the facts and circumstances of the present case.
10.5 That, the Hon’ble Court in the facts and circumstances of the present case may further be pleased to grant cost of the petition to the petitioner.
2. The present Public Interest Litigation Petition has been filed demanding inquiry by any independent agency preferably CBI in respect of CGPSC Exam 2021 scam whereby on account of corruption and favoritism the relatives of the Chairman and Secretary of CGPSC, relatives of high rank government officials, politicians and big businessman have been selected on merit which has posed serious question mark on the credibility of a constitutional body i.e. CGPSC and has shaken the confidence of lacs of young aspiring students and general public.
3. Learned counsel for petitioner submits that the petitioner has already wrote a letter dated 01.07.2023 to the Hon’ble Chief Minister regarding the corruption has been done in the CGPSC and also requested for conducting and independent agency for investigating the matter. The petitioner also wrote a letter on 05.07.2023 to the Chief Secretary Government of Chhattisgarh regarding the corruption has been done in the CGPSC and also requested for constituting an independent committee for investigating the matter. With all these State of affairs the present petitioner is before this Court seeking its kind interference and for ensuring that the credibility of a Constitutional Body i.e. CGPSC and has shakened the confidence of lacs of young aspiring students and general public.
4. At the outset, learned Advocate General submits that on
07.02.2024, an F.I.R. bearing No. 05/2024 under Section 120 B, 420 of IPC and under Sections 7, 7(A) & 12 of the Prevention of Corruption Act, 1988 has already been registered against the accused persons involved in the said scam and further investigation is under consideration. He further submits that State is considering the matter to be handed over to the Central Bureau of Investigation for investigation and as such, the grievance of the petitioner does not survive.
5. In view of the above submission made by the learned State Counsel, we do not find it appropriate to keep this petition pending and the same is accordingly consigned to records, leaving it open to the parties to avail appropriate legal remedies as may be available to them in accordance with law.
6. With the aforesaid direction, the present petition stands disposed of.
