REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

SPECIAL LEAVE PETITION (C) No. 12981 OF 2008

NAHAR SINGH YADAV & ANR.

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PETITIONERS

VERSUS

UNION OF INDIA & ORS.

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RESPONDENTS

O R D E R

D.K. JAIN, J.:

1. The short question raised by the Central Bureau of Investigation (for

short “the CBI”), Anti Corruption Branch, Ghaziabad in their affidavit

dated 15^th July 2010, for our consideration is whether or not the trial

arising out of the chargesheet filed by the CBI in Case RC-

1(A)/2008/CBI/ACB/Ghaziabad and the local police, Ghaziabad in Case

Crime No.152/2008 PS Kavi Nagar, Ghaziabad deserves to be transferred

from the Court of Special Judge, CBI at Ghaziabad to some other court of

competent jurisdiction, preferably at Delhi under the jurisdiction of the

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High Court of Delhi, with a direction to the Trial Court to conduct the

trial of the case on a day to day basis, and to complete it within a period

of two years.

2. Since the case, commonly known as “the Ghaziabad P.F. Scam”, giving

rise to the afore-stated prayer, involves violation of the standards of

judicial behaviour, which is expected to be of the highest order, be it on

or off the Bench, we feel concerned by the alleged events and have given

our anxious consideration to the issue raised. In order to appreciate the

controversy, a few material facts may be noticed. These are:

Pursuant to and in furtherance of the findings of the Vigilance

Department of the High Court of Judicature at Allahabad and subsequent

authorisation given by the High Court, Case Crime No.152/2008 under

Sections 409, 420, 467, 468, 471, 477-A, 120-B of the Indian Penal Code,

1860 (for short “the IPC”) and Sections 8, 9, 13(2) read with Sections

13(1)(d) and 14 of the Prevention of Corruption Act, 1988 (for short “the

Act”) was registered at PS Kavi Nagar, Ghaziabad on the written complaint

of Smt. Rama Jain, Special Judge and Vigilance Officer, District Court,

Ghaziabad on 15^th February 2008 against one late Ashutosh Asthana, the

then Central Nazir, District Court, Ghaziabad and 82 other accused persons

which included 13 Class-III employees, 30 Class-IV employees of District

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Court, Ghaziabad and 39 outsiders. It was alleged that late Ashutosh

Asthana in collusion with other accused named in the FIR fraudulently

withdrew huge sums of money in the name of GPF of Class-IV employees

of District Court, Ghaziabad.

Subsequently, the present special leave petition was filed with a

request to transfer the investigation of Case Crime No.152 of 2008, PS Kavi

Nagar, Ghaziabad to the CBI. During pendency of the proceedings,

Government of Uttar Pradesh issued a Notification dated 10^th September

2008, under Section 6 of the Delhi Special Police Establishment Act, 1946

(for short “the DSPE Act”) for the transfer of above mentioned case to the

CBI, which was also placed before this Court for consideration. Vide order

dated 23^rd September 2008, this Court transferred the investigation in the

said case to CBI, inter alia, observing that “It is made clear that though we

have directed the matters to be listed after three months, the CBI, shall be

free to file the final report or chargesheet, as the case may be at an earlier

point of time and to proceed thereafter in accordance with law. The court

before which the final report or chargesheet is filed shall deal with the report

or chargesheet, as the case may be, as required in law.” In view of the

aforesaid order of this Court, the instant case was registered by the Anti

Corruption

Branch,

CBI,

Ghaziabad

as

Case

RC-

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1(A)/2008/CBI/ACB/Ghaziabad against late Ashutosh Asthana and 82 other

accused persons on 1^st October 2008.

3. The CBI filed periodical status reports in this Court with regard to the

progress made in the investigations from time to time. Ultimately, the

final report was filed by the CBI on 30^th July 2010. According