W.P. (CRL) 903/2013 & W.P. (CRL) 1540/2014

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Judgment Reserved On: 13.08.2015

Judgment Pronounced On: 23.12.2015

W.P.(CRL) 903/2013 & CRL. M.A. No. 8919/2013

CBI

..... Petitioner

Through:

Ms. Sonia Mathur, Standing Counsel

for CBI with Mr. Sushil Dubey, Adv.

versus

R.K. YADAV

..... Respondent

Through:

Mr. SatishTamta, Advocate

W.P.(CRL) 1540/2014 &Crl. M.A. No. 17252/2014

CBI

..... Petitioner

Through:

Ms. Sonia Mathur, Standing Counsel

for CBI with Mr. Sushil Dubey, Adv.

versus

DR. A.S. NARAYANA RAO

..... Respondent

Through:

Mr. Dinesh Malik, Advocate

CORAM:

HON’BLE MR JUSTICE SIDDHARTH MRIDUL

2015:DHC:10489-DB

W.P. (CRL) 903/2013 & W.P. (CRL) 1540/2014

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J U D G M E N T

SIDDHARTH MRIDUL, J

1.

The present petitions raise a common issue of law and are being

disposed of by this common order. By way of the present writ petitions, the

Central Bureau of Investigation (hereinafter referred to as ‘the CBI’) assails

the orders passed by Special Judge, CBI dated 18.02.2013 and 07.05.2014

whereby the CBI was directed to conduct investigation and proceed with the

complaint of the respondents herein.

2.

The facts in brief pertaining to W.P.(CRL.) No. 903/2013 are as

follows:-

“A.

Mr. R.K. Yadav (the respondent in the instant petition) is

the former General Secretary, Cabinet Secretariat (RAW)

Employees Association (Regd.), an association of RAW

employees. On 28.02.1996, the respondent filed a

complaint under Section 156 (3) of the Code of Criminal

Procedure, 1973 (hereinafter referred to as ‘the Code’)

with a prayer to initiate action against Mr. A.K. Verma

and his family members for misappropriation of secret

2015:DHC:10489-DB

W.P. (CRL) 903/2013 & W.P. (CRL) 1540/2014

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funds and possessing assets disproportionate to his

known source of income.

B.

The allegations in the complaint were on the basis of

news published on 27.04.1992 in the Indian Express and

Jansatta, that the then two serving Joint Secretaries of

RAW, namely Mr. B. Raman and Mr. V. Balachandran at

the behest of then Secretary, Mr. A.K. Verma floated a

private limited finance company “Piyush Investment and

Finance Pvt. Ltd.’ in violation of All India Service

Conduct Rules. This company was allegedly used to

embezzle secret funds of RAW for Mr. A.K. Verma’s

personal gains. It was also alleged that many similar

companies were floated in the name of his junior officers

in many other States to siphon out secret funds of RAW

for himself and his family members.

C.

It was further alleged that the accused accumulated

various properties, movable as well as immovable. The

allegations of corruption and criminal conspiracy were

thus levied against Mr. A.K. Verma.

2015:DHC:10489-DB

W.P. (CRL) 903/2013 & W.P. (CRL) 1540/2014

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D.

The afore-mentioned complaint was dismissed vide order

dated 08.07.1996 inter alia on the ground of absence of

substantial evidence. The allegations of diversion of

secret funds of RAW to the accused persons’ accounts

were regarded baseless and without foundation by the

Special Judge, CBI. Thereafter, the respondent moved

this Court by filing a revision petition being Criminal

Revision Petition No. 224/1996, which was dismissed

vide order dated 10.09.1999 wherein this Court held that

the Special Judge had assigned valid reasons for rejecting

the application of the respondent.

E.

Thereafter, on 29.09.1999 the respondent filed another

complaint with the CBI and the Central Vigilance

Commission. Nine years thereafter, on 31.07.2008, the

respondent

filed

an

application

under

Right to

Information Act, 2005 to the CBI enquiring therein the

status of his complaint dated 29.09.1999 against Mr. A.K.

Verma. The respondent was informed that the complaint