Legal Awareness & Information.

Himachal Pradesh High Court Orders CBI Probe into HPPCL GM's Suspicious Death , Cites "Questionable" Police Investigation and DGP's Own Concerns

Shimla , HP – The Himachal Pradesh High Court, in a significant ruling, has ordered the transfer of the investigation into the suspicious death of Shri Vimal Negi , a General Manager at H.P. Power Corporation Limited (HPPCL), to the Central Bureau of Investigation (CBI). Hon’ble Mr. Justice Ajay MohanGoel , presiding over the case (CWP No. 6508 of 2025, Kiran Negi vs The State of HP and Others), found the ongoing investigation by the State Police's Special Investigation Team (SIT) to be "questionable" and lacking credibility, a view alarmingly echoed by the state's own Director General of Police (DGP).

The Court directed that the CBI team constituted for this investigation must not include any officer from the Himachal Pradesh Cadre to ensure impartiality.

Case Background: A Mysterious Death and Allegations of Harassment

The case was brought forth by Ms. Kiran Negi , the wife of the deceased Sh. Vimal Negi . Her husband, a General Manager at HPPCL, went missing under suspicious circumstances on March 10, 2025, and his body was recovered from Govind Sagar Lake on March 18, 2025. An FIR (No.9/2025) was registered on March 19, 2025, under Sections 108 (Abetment) and 3(5) (Organised Crime resulting in death) of the Bhartiya Nyaya Sanhita, 2023.

Ms. Negi alleged that her husband was subjected to continuous mental harassment by senior HPPCL officers—namely Harikesh Meena (Managing Director), Shivam Pratap Singh (Director, Personal and Finance), and Desh Raj (Director, Electrical)—who were allegedly pressuring him to improperly process files related to power projects and potentially cover up financial irregularities, including those concerning the Pekhubela Solar Power Project.

Petitioner's Plea for a Fair Investigation

The petitioner argued that the Shimla Police SIT was conducting a biased investigation, seemingly shielding the accused high-ranking officials. Key concerns raised included:

* Failure to interrogate or arrest the named officers.

* The investigation prematurely leaning towards suicide, neglecting possibilities of foul play.

* A critical time gap between Sh. Negi's disappearance and estimated time of death not being adequately explored.

* Concerns about the investigation team's impartiality due to potential influence from the State Government and the accused.

* Alleged procedural irregularities and failure to preserve crucial evidence, particularly a pen drive.

State's Defense and Conflicting Internal Reports

The State, represented by the Advocate General, maintained that the SIT was conducting a fair and thorough investigation from all angles and that there was no need for a CBI transfer. The AG also downplayed the concerns raised in the DGP's affidavit and stated that an internal fact-finding report by the Additional Chief Secretary (Home) was still under consideration by the government.

However, the case took a dramatic turn with the submission of two critical internal reports:

1. The Additional Chief Secretary (Home)'s Fact-Finding Report

An in-depth inquiry was conducted by Shri Onkar Chand Sharma , Additional Chief Secretary (ACS) (Home/Revenue), whose report, though initially stalled by the government, was perused by the Court. This report, based on statements from HPPCL employees and other witnesses, found:

* Substantial evidence of harassment of Sh. Vimal Negi by Director (Electrical) Desh Raj , who allegedly humiliated him and created a "toxic environment."

* Specific instances of pressure on Sh. Negi concerning the Pekhubela Solar Power Project, including being forced to "minimize the delay in the initial draft on the part of contractor which was assessed at around 45 days...to 23 days" and to "raise the revenue projection...for the purpose of status note."

* Pressure to release a 10% payment to M/S Prozeal Pvt. Ltd. without Board approval, with the ACS noting, "What was the alleged deep routed conspiracy...is a matter of regular investigation to be conducted by the expert agency."

*| The report highlighted serious financial irregularities and undue favour to contractors, recommending further investigation by an expert agency.

The Court noted with disapproval the government's handling of this report, stating, "the State ought to have had acted upon it dispassionately, rather than becoming a mouthpiece of delinquent officers...the State chose to sit over the same and ensured that the inquiry report does not see the light of the day."

2. The Director General of Police's Damning Affidavit

The most startling submission was a status report by the Director General of Police (DGP) of Himachal Pradesh. The DGP expressed "grave doubts over the mode and manner in which the investigation is being carried out" by the SIT under SP Shimla . Key concerns flagged by the DGP included:

* Tampering of Evidence: "Why was the Pen Drive formatted (as per SFSL report)? ...it casts doubt on the integrity of the investigation carried out so far." The DGP also pointed to suspicious chats about "copying/altering/replacing pen drive."

* Non-Cooperation: "The extraordinary efforts of SP Shimla to ensure that case files and forensic reports or members of the past or present SIT don’t reach the DGP, HP despite clear directions issued by the Hon’ble Court...is noteworthy."

* Questionable Conduct of SIT: Refusal of SIT members to show Vimal Negi 's diaries, delays in seizing accused's mobile phones, and assigning an officer with a "not the best" past reputation to handle crucial initial formalities. The DGP concluded, "It can be safely concluded that it has been a questionable investigation till now and influence/attempted influence of SP Shimla ...seems to extend beyond his domain."

High Court's Scathing Assessment of the SIT Investigation

Justice Goel , in his judgment, heavily criticized the SIT's investigation, highlighting:

* Ignoring Crucial Leads: The SIT "conveniently chose not to seek a copy of the [ACS Home] report" and failed to investigate the serious allegations of financial pressure and corruption.

* Misdirected Focus: "It appears as if the SIT is of the view that its job is to investigate whether deceased Vimal Negi ended his life for the simple reason that he was being subjected to improper behavior...The affidavit is conspicuously silent as to what investigation has been carried out by the SIT till date from the angle that Vimal Negi was pressurized by his superiors for extraneous reason to help a Project proponent."

* Attempt to Discredit Deceased: The Court noted the SIT's attempt "to portray that the deceased was having history of nervous disorder/illness etc."

* Lack of Confidence: "To say the least, if the Director General of Police of the State himself has a concern about the fairness of the investigation, then even if this investigation is being carried out by the SIT in right earnest, it shall never instill confidence whatever may be the report of the SIT."

The Court referred to established legal principles laid down by the Supreme Court (e.g., State of West Bengal vs. Committee for protection of democratic rights , K.V. Rajendran vs. Superintendent of Police ) empowering High Courts under Article 226 to transfer investigations to the CBI in rare and exceptional cases to ensure justice and maintain public confidence.

The Verdict: CBI to Take Over

Finding an "exceptional situation" due to the DGP's own grave concerns, the sidelined ACS (Home) report, and the SIT's questionable approach, the High Court allowed the petition.

"Therefore, to give credence to the investigation so that the matter is investigated impartially, this Court allows this petition and directs that the investigation in the matter be handed over to the Central Bureau of Investigation by the State Police, which shall carry out investigation in the matter, in accordance with law," Justice Goel ordered.

The Court expressed hope that the "CBI shall carry out the investigation impartially and as expeditiously as possible."