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2004 DIGILAW 921 (SC)

SANJIV KUMAR v. OM PRAKASH CHAUTALA

2004-08-06

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Judgment ( 1 ) WE have heard the petitioner, appearing in person, Mr Mukul Rohatgi, learned Senior Counsel appearing for the State of Haryana and the learned solicitor General appearing for CBI. ( 2 ) THERE are three departmental inquiries pending against the petitioner which are as follows: (I) Charge-sheet dated 11-2-2002 for wilful absence from duty. (ii) Charge-sheet dated 23-7-2002 for committing irregularities in making appointments while posted as Project Director, Haryana prathmik Shiksha Pariyojana Parishad. (iii) Charge-sheet dated 18-2-2003 for non-adjustment of an advance of Rs 22,000 taken by him from the Government. ( 3 ) THE petitioner has sought for these inquiries being entrusted to any authority other than the one under the State Government. ( 4 ) IT is not necessary to set out the background which has occasioned such prayer for inquiries being held by any authority other than the State government as some indication thereof is to be found contained in the order dated 25-11-2003 passed by this Court. The petitioner on the last date of hearing made a proposal for the inquiries being held by the Chief Vigilance commissioner. The learned Solicitor General appearing for CBI states on instructions having been obtained from the CVC, that the latter is agreeable to have the inquiries entrusted to him and he would expeditiously conclude them in the event of such a direction being made by this Court. ( 5 ) IT is directed that the three inquiries referred to hereinabove shall be entrusted to the CVC who shall take up the proceedings from the stage at which they are. Before proceeding ahead, the CVC shall examine if the inquiries have been properly and regularly held up to this stage. In case he feels it necessary to reopen the inquiries and hold afresh he shall be at liberty to do so. The proceedings may be conducted by the CVC himself or by a senior officer in his establishment to whom he may wish to entrust the inquiries. ( 6 ) THE petitioner has filed an additional affidavit on 4-8-2004, copy whereof is delivered to Mr Rohatgi today in the Court. He may obtain instructions from the State Government and give response on the next date. ( 7 ) LIST for directions on 23-8-2004.