Judgment R. C. LAHOTI, J. ( 1 ) THE present one is yet another case seeking to bring to the fore the rampant corruption in the corridors of politics and bureaucracy. Unemployed persons belonging to the lower strata of society are taken for granted and job opportunities instead of being made available according to merit and with equal opportunity to all, are sought to be distributed by adopting questionable methods and that cannot obviously be without hidden consideration or underhand dealings - to be more correct. ( 2 ) THE petitioner is an IAS officer of the year 1985, sufficiently senior and allotted to Haryana cadre. He has held various assignments of responsibility. In November 1999 about 4000 vacancies of JBT teachers were advertised by the Department of Primary Education, State of Haryana for being filled up through District-Level Selection Committees. Nineteen such committees were constituted. Applications were invited and short-listed candidates were called for interview in the 19 districts. At the time when the process of selections was initiated and the selections were held, one Shri R. P. Chander, IAS, was the Director, Primary Education. In January 2000, he was shifted from the office of Director, Primary Education and in his place one ms Rajni Shekhri Sibbal, IAS, was posted as the Director, Primary education. She too was transferred in July 2000. Before relinquishing charge of the office Ms Rajni kept the original selection lists of 19 districts in a godrej almirah and sealed the same so that the almirah could not be opened. The key of the almirah was placed in an envelope which too was closed, signed and sealed. However, the fact remains that in spite of the process of selection having been completed, the selection lists were not released and made public. ( 3 ) THE petitioner who was discharging duties as Project Director, World bank Finance Project, was asked to take additional charge of the post of director, Primary Education, which the petitioner did. The petitioner was pressurised for substituting another list of selected candidates in place of the lists originally prepared and preserved by Ms Rajni. The petitioner refused to succumb to the pressure which was brought to build upon him by threats of dire consequences being administered to him and also to his family members. The petitioner was pressurised for substituting another list of selected candidates in place of the lists originally prepared and preserved by Ms Rajni. The petitioner refused to succumb to the pressure which was brought to build upon him by threats of dire consequences being administered to him and also to his family members. The petitioner also sought for being relieved of the additional charge of the office of the Director, Primary Education. However, after some time, in the month of August-September, at Panchkula and in Haryana Bhawan in New delhi all the members of 19 District Selection Committees were called, fresh and false lists of selected candidates were got prepared and the members of the Committees were forced to sign such lists. On or about 28-9-2000, these lists were handed over to the petitioner with a direction that such lists should be substituted immediately in place of the original lists. ( 4 ) ON 7-11-2000, the petitioner opened the almirah which was sealed by ms Rajni and released the original select lists of candidates. This process was videographed and also photographed. Appointments have been made pursuant to this list. ( 5 ) ON 3-12-2000, the petitioner was transferred from his post. ( 6 ) ON 5-6-2003 the petitioner has filed this petition under Article 32 of the Constitution seeking directions for investigation and also protection for the life and liberty of himself and his family members. ( 7 ) ON 12-6-2003, the writ petition came up for hearing before a Vacation bench of this Court which directed notices to be issued returnable on 19-6-2003. Additional service on the Standing Counsel of the State of haryana was permitted to be effected during the course of the day. ( 8 ) THE pleadings were completed. On 8-8-2003, this Court directed the commissioner of Police, Delhi, to hear the petitioner and provide him with adequate police protection so that the life and safety of the petitioner and his family members is not jeopardised. Some records and documents available with the petitioner, which he apprehended would be taken away by interested persons or at their instance, were directed to be delivered in sealed cover to the Registrar (Judicial) of this Court for the purpose of being preserved in safe custody. Some records and documents available with the petitioner, which he apprehended would be taken away by interested persons or at their instance, were directed to be delivered in sealed cover to the Registrar (Judicial) of this Court for the purpose of being preserved in safe custody. We have not seen the documents so submitted by the petitioner, but we are given to understand that the documents include the alleged genuine list (first list) and the alleged false list (the second list ). ( 9 ) ON 3-11-2003, the petitioner submitted an audio cassette, recording the threats which were administered to him because of his having filed this petition. That audio cassette has also been taken into safe custody and preserved with the Registrar of this Court. ( 10 ) THE abovesaid, in brief, is the story highlighted in the petition supported by the affidavit of the petitioner. Though the petitioner has, in his petition, named the persons who are responsible for and have played active role in the nefarious activities, we have consciously avoided naming them in this order, as the accusation against them is yet to be investigated. ( 11 ) FROM the very first day, the petitioner has been demanding the whole episode to be investigated into by a highly placed independent investigating agency. On behalf of the respondents, it is not denied that an inquiry/investigation is justifiably called for. There are two lists of selected candidates and only one can be genuine and authentic. However, the respondents have insisted on a Commission of Inquiry being set up so that the Commission, preferably headed by a retired Judge of any High Court, may hold an inquiry and find out the correct facts. It was also submitted on behalf of the respondents that such Commission of Inquiry may be assisted by a special investigating task force consisting of such police officers as the commission may think fit to choose or this Court may direct to be chosen. It was conceded on behalf of the respondents that there are more than 3000 teachers in the first list, claimed to be genuine by the petitioner and an equal number of personspurporting to have been selected as teachers whose names figure in the second list, alleged to be false by the petitioner. On the result of the inquiry would depend the fate of these two sets of persons. On the result of the inquiry would depend the fate of these two sets of persons. It is only one set of persons which would be found to be genuine and hence entitled to hold the posts of teachers and the persons from the list, if found to be false, shall have to make room for the others. ( 12 ) IN the counter-affidavit, the respondents have pointed out that certain criminal cases have been registered against the petitioner wherein investigation is pending but the petitioner is not cooperating. According to the petitioner, these cases are nothing but false and bolstered-up cases so as to pressurise the petitioner into going back on the stand taken by him. The petitioner has prayed for such investigation and inquiries to be stayed as, in his submission, there is no substance therein and they have been initiated only for the purpose of harassing and pressurising him. On behalf of the respondents, it was submitted that the same agency which this Court may deem fit to be entrusted with the inquiry/investigation into the averments made by the petitioner, may also be entrusted with inquiry/investigation into the allegations levelled against the petitioner. To this the petitioner has no objection; rather he welcomed the suggestion. ( 13 ) WE have given our thoughtful consideration to the respondents proposal for entrusting the whole matter to a Commission of Inquiry, assisted by a special investigating task force. The flaw with Commissions of Inquiry, as revealed by experience, is that they do not have enough teeth and for their functioning they have to depend on the States assistance. Commissions of inquiry remain pending for unreasonable lengths of time. The reports submitted do not bind the State and in spite of transparency and public hearings which the Commissions often hold, at times with fanfare, the reports hardly serve any purpose. By the time the reports are submitted the public memory has already fainted and people are not any more bothered about the results. It is in the discretion of the State to take or not to take any action on the report submitted by the Commission of Inquiry and the experience is that the follow-up action depends more on political considerations rather than for public good. It is in the discretion of the State to take or not to take any action on the report submitted by the Commission of Inquiry and the experience is that the follow-up action depends more on political considerations rather than for public good. ( 14 ) WE feel, Commissions of Inquiry are more suited for inquiring into such matters of public importance where the purpose is to find out the truth so as to learn lessons for the future and devise policies or frame legislation to avoid recurrence of lapses. Such Commissions do not suitably serve the object of punishing the guilty. ( 15 ) IN the peculiar facts and circumstances of the case, looking at the nature of the allegations made and the mighty people who are alleged to be involved, we are of the opinion, that the better option of the two is to entrust the matter to investigation by CBI. We are well aware, as was also told to us during the course of hearing, that the hands of CBI are full and the present one would be an additional load on their head to carry. Yet, the fact remains that CBI as a Central investigating agency enjoys independence and confidence of the people. It can fix its priorities and programme the progress of investigation suitably so as to see that any inevitable delay does not prejudice the investigation of the present case. They can think of acting fast for the purpose of collecting such vital evidence, oral and documentary, which runs the risk of being obliterated by lapse of time. The rest can afford to wait for a while. We hope that the investigation would be entrusted by the director, CBI to an officer of unquestioned independence and then monitored so as to reach a successful conclusion; the truth is discovered and the guilty dragged into the net of law. Little people of this country, have high hopes from CBI, the prime investigating agency which works and gives results. We hope and trust the sentinels in CBI would justify the confidence of the people and this Court reposed in them. ( 16 ) LOOKING at the quantum of matters which are now being dealt with by cbi, there is need to strengthen this body both qualitatively and quantitatively. We hope and trust the sentinels in CBI would justify the confidence of the people and this Court reposed in them. ( 16 ) LOOKING at the quantum of matters which are now being dealt with by cbi, there is need to strengthen this body both qualitatively and quantitatively. Extraordinary care is needed in choosing the personnel for cbi as it handles cases requiring a high degree of professionalism in investigation. The cases are sensitive. And the results of investigation have national and international ramifications. It has to be saved from becoming just another police force. We cannot, right now, foresee any substitute for cbi. ( 17 ) THE Registrar General shall communicate a copy of this order forthwith to the Director, CBI accompanied by one set of paper-book so that cbi may apprise itself of the allegations and counter-allegations for the purpose of initiating inquiry or investigation. The records and the audio cassette shall be collected by the investigating officer from the custody of the registrar (Judicial ). The statement of the complainant Sanjiv Kumar, shall be recorded forthwith. The investigating officer shall decide to what extent the investigation must proceed forthwith and without any loss of time. On an offence being disclosed CBI shall register the same and against such persons as may be suspected to be involved. ( 18 ) THE following matters shall also stand transferred to CBI for the purpose of investigation: (1) FIR No. 312 dated 4-6-2002 under Sections 406/409/467/ 468/471/477-A/120 IPC and Sections 13 (l) (c) and (d) of the Prevention of Corruption Act, lodged under Police Station Sector 17, Chandigarh. (2) Inquiry No. 10 of 3-4-2001, Chandigarh, for alleged misuse of official vehicles and mobile phone by the petitioner Sanjiv Kumar, leading to registration of criminal case under Section 13 (1) (d) of the prevention of Corruption Act. (3) Inquiry No. 31 dated 10-8-2001, Chandigarh, regarding appointment of 36 officials under DPEP by the petitioner resulting in alleged financial loss of Rs 22,33,466 to the State Government. (4) Inquiry No. 38 dated 20-9-2001, Chandigarh, regarding financial irregularities committed by the petitioner in projects of various items amounting to over Rs 56 lakhs. (5) Inquiry No. 16 dated 3-9-2002, Chandigarh, regarding disproportionate assets against the petitioner. ( 19 ) WE hope the investigation to be accomplished, accompanied by results, with reasonable expedition and dispatch, and hopefully within a period of six months. (5) Inquiry No. 16 dated 3-9-2002, Chandigarh, regarding disproportionate assets against the petitioner. ( 19 ) WE hope the investigation to be accomplished, accompanied by results, with reasonable expedition and dispatch, and hopefully within a period of six months. ( 20 ) ANY departmental inquiries initiated by the State of Haryana against the petitioner after July 2000, shall remain stayed, to be resumed only with the leave of the Court, and after the investigation by CBI in terms of the directions contained in this order has been completed. This protection has to be afforded to the petitioner so that he may be able to freely and fearlessly assist the investigating agency. ( 21 ) INSOFAR as the police protection extended to the petitioner under the orders of this Court is concerned, the Commissioner of Police, Delhi shall review the situation from time to time and may increase, reduce or withdraw the same depending on his satisfaction. ( 22 ) THE petition stands disposed of. Parties are allowed liberty of seeking directions by moving appropriate application as and when necessary. ( 23 ) BEFORE parting we would like to clarify that whatever has been stated hereinabove is based only on the averments contained in the pleadings of the parties and is not intended in any manner either to record a finding or to be a reflection on any of the parties or anyone concerned.