http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 8

CASE NO.:

Contempt Petition (civil) 448 of 2004

PETITIONER:

Sanjiv Kumar

RESPONDENT:

Om Prakash Chautala & Anr.

DATE OF JUDGMENT: 13/05/2005

BENCH:

CJI R.C. LAHOTI, D.M. DHARMADHIKARI & G.P. MATHUR

JUDGMENT:

J U D G M E N T

In

W.P.(Crl.) No.93/2003

WITH

T.C.(Crl.) No.7/2004

Sanjiv Kumar \005. Petitioner

Versus

Union of India & Ors. \005.Respondents

WITH

Criminal M.P. Nos. 2322/2005 & 13518/2004

In

W.P. (Crl.) No.93/2003

Sanjiv Kumar \005. Petitioner

Versus

State of Haryana & Ors. \005.Respondents

R.C. Lahoti, CJI

Writ Petition (Criminal) No.93 of 2003 was filed by Sanjiv

Kumar, an IAS officer of the year 1985 complaining of large

scale corruption and tampering of records in filling up of about

4000 vacancies of JBT teachers in the State of Haryana.

Disposing of the writ petition, vide its order dated 25th

November, 2003, this Court directed the complaint to be

investigated by the CBI.

During the course of hearing of the writ petition, it was

urged on behalf of the petitioner, Sanjiv Kumar that in order to

build pressure on him, certain offences were registered and

departmental proceedings initiated against him wherein he did

not expect a fair investigation or inquiry so long as the matter

was dealt with by the local officials. He reposed faith in CBI and

submitted that whatever proceedings/investigation of criminal

nature are pending against him could also be transferred to CBI.

Accordingly, this Court directed not only the investigation into

the offence, the commission whereof was complained by the

petitioner, but also the investigations/proceedings pending

against him to be transferred to CBI. The following five

investigations/proceedings against the petitioner, Sanjiv Kumar

were entrusted to CBI :

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 2 of 8

(1) F.I.R. No.312 dated 4.6.2002 under Section

406/409/468/471/477A/120 I.P.C. and 13(1)

(c) (d) 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 Prevention of Corruption Act.

(3) Inquiry No.31 dated 10.8.2001, Chandigarh,

regarding appointment of 36 officials under

D.P.E.P. 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 the 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.

On 28th June, 2004 the petitioner filed CCP No.448 of 2004

complaining of violation of the order dated 25.11.2003 passed

by this Court at the hands of the then Chief Minister and the

Chief Secretary of the State of Haryana. It was submitted that

certain departmental inquiry proceedings were initiated against

the petitioner for the purpose of bringing pressure on him so

that there could be no free investigation. Three departmental

inquiry proceedings against the petitioner were brought to the

notice of the Court which are as under :-

(i) Chargesheet dated 11.2.2002 for willful absence

from duty.

(ii) Chargesheet dated 23.7.2002 for committing

irregularities in making appointments while posted

as Project Director, Haryana Prathmik Shiksha

Pariyojana Parishad.

(iii) Chargesheet dated 18.2.2003 for non-adjustment

of an advance of Rs.22,000/- taken by him from

the Government.

The petitioner insisted that the proceedings may be

entrusted to any authority other than the one under the State

Government. He solicited an order of the Court for entrusting

the proceedings to be held by the Central Vigilance Commission

(for short the 'CVC'). The learned Solicitor General appeared for

the CBI and the CVC and stated that the CVC was agreeable to

have the proceedings entrusted to it so that they could be

expeditiously and fairly conducted. The Court directed the

abovesaid 3 departmental inquiry proceedings to be entrusted to

the CVC in terms of the following directions:-

"It is directed that the 3 inquiries

referred to hereinabove shall be entrusted to

the C.V.C. who shall take up the proceedings

from the stage at which they are. Before

proceeding ahead, the C.V.C. 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

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 3 of 8

proceedings may be conducted by the C.V.C.

himself or by a senior officer in his

establishment to whom he may wish to entrust

the inquiries."

On 23.8.2004, during the course of hearing and

consequently in its order, the Court noted that there were in all

8 complaints pending with the State against the petitioner. Of

these, 5 complaints were subject matter of inquiry/investigation

by the CBI, the details whereof are mentioned in the order of

this Court dated 25.11.2003 and there were 3 departmental

inquiry proceedings, the details whereof are mentioned in the

order of this Court dated 6.8.2004 and which had stood

transferred to CVC in terms of the orders of this Court. There

were no other departmental inquiries or criminal complaints

pending against the petitioner.

The Court directed the Status Report to be called for.

On 22.9.2004 the petitioner, Sanjiv Kumar filed a writ

petition in the High Court of Delhi impleading (i) Union of India,

(ii) Department of Public Grievances, (iii) Director, CBI and (iv)

Chief Vigilance Commissioner, as respondents. He complained

of unfairness in the investigation and sought for the relief of the

investigating officer, Shri Harbhajan Ram, SP, CBI being

replaced by "a fresh team headed by officers of impeccable

integrity and character working under the supervision and

monitoring of the respondent no.4/CVC." This petition on the

request of the parties was directed to be transferred to this

Court. On 18.2.2005, Crl.M.P. No. 2322 of 2005 was filed in this

Court wherein the petitioner sought for orders of this Court

"constituting a Special Investigation Team (SIT) headed by a

retired IPS Officer who would co-opt other serving officers of

unimpeachable integrity under the supervision and monitoring of

this Court in order to investigate the issues involved in the

petition or in the alternative direct that a fresh team of Officers

from the CBI to be constituted to investigate this case."

Status Reports of investigation have been filed from time

to time. On 14.3.2005 we had taken up the matter in the

Chamber for the purpose of ascertaining the progress of the

cases under investigation with the CBI. Shri U.S. Misra,

Director, CBI assisted by Ms. S. Sundari Nanda, DIG, CBI were

present with all the relevant records. A summary of the

investigation details prepared by the Director, CBI for the

convenience of the Court was handed over which was directed to

be placed in a sealed cover.

The learned ASG on 10th May, 2005 filed two charts of

Status of Cases with the CBI and with the CVC which are as

under :

STATUS OF CASES WITH CBI, RELATING TO SHRI SANJIV

KUMAR, IAS

(REF. Order dated 25.11.2003 passed in Writ Petition (Crl.)

No.93/2003)

SR.

NO.

Inquiry/FIR No.State

Vigilance/UT Police

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 4 of 8

Chandigarh

CBI Case No. and

Date of Registration

Present position

1.

Writ Petition (Crl.) No.93

of 2003 in the matter of

Shri Sanjiv Kumar Vs.

State of Haryana & others.

Allegation relating to

appointment of JBT

Teachers by Haryana

Govt. in the year 2000.

PE.I (A)/2003-ACU-

IX dated 12.12.2003

P.E. converted into

RC.3(A)/2004 \026 ACU-

IX on 24.5.2004. The

case is in the final

stage of investigation.

I.O. : R.N. Azad,

Additional Supdt. Of

Police

2.

FIR No.312 dated 4.6.2002

of PS Sector \026 17C,

Chandigarh relating to

alleged

irregularities/corruption in

printing of text books.

R.C.2(A)/2004-ACU-

IX dated 27.1.2004

In final stage of

investigation

I.O. : Sh. R. Singh,

Dy.Supdt. of Police

3.

Inquiry No.38 dated

20.9.2001 of State

Vigilance Bureau,

Haryana, relating to the

alleged irregularities

committed in purchase of

various items under DPEP.

PE.2(A)/2004-ACU-

IX dated 27.1.2004

On completion of the

Enquiry, the P.E. was

converted into

R.C.2(A)/2005-ACU-

IX on 17.2.2005. Case

is under investigation.

I.O. : Sh. M.K. Bhat

Additional Supdt. Of

Police

4.

Enquiry No.16 dated

3.9.2002 Chandigarh,

relating to alleged

possession of

disproportionate assets

PE.3(A)/2004-ACU-

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 5 of 8

IX dated 27.1.2004

On completion of

Enquiry, the P.E. was

converted into

RC.3(A)/2005-ACU-

IX on 17.2.2005. Case

is under investigation.

I.O. : Sh. M.K. Bhat,

Additional Supdt. Of

Police

5.

FIR No.293/2003 dated

30.6.2003 PS Sector \026

17C,Chandigarh registered

on the basis of Inquiry

No.10 of 3.4.2001,

Chandigarh, relating to

alleged misuse of official

vehicle and mobile phone.

R.C.1(A)/2004-ACU-

IX dated 27.1.2004

Since no material

warranting prosecution

was revealed during

investigation, Closure

Report was filed on

21.8.2004 in the Court

of Special Judge for

CBI Cases, Chandigarh

and is pending for

acceptance self

contained Note,

containing the result of

investigation, sent to

Chief Secretary, Govt.

of Haryana on

20.8.2004, for such

action as deemed fit.

6.

Inquiry No.31 dated

10.8.2001, Chandigarh,

relating to the alleged

irregularities committed in

the appointment of staff in

DPEP (District Primary

Education Project)

PE.1(A)/2004-ACU-

IX dated 27.1.2004

Enquiry completed and

SP's Report

recommending RDA

for major penalty sent

on 7.10.2004 to Chief

Secretary, Govt. of

Haryana and Central

Vigilance Commission.

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 6 of 8

Status of cases entrusted with the CVC

ANNEXURE

Sl.

No.

Charge

Sheet

dated

Gist of Allegations

Inquiry

Officer

Present Status

1

11.02.02

Willful absence from duty.

It is alleged that Shri

Sanjeev Kumar on the

expiry of EL granted to him

from 22.05.2001 to

26.06.2001 did not join

duty and thus over stayed

his sanctioned leave &

absented himself from

27.06.2001 till the issuance

of C/S on 11.02.2002.

Shri Y.P.

Rai, CDI,

CVC.

Enquiry completed and

report sent to Chief

Secretary Haryana on

03.03.2005.

2

18.02.03

Non adjustment of advance

of Rs.22,000/-. It is alleged

that Shri S. Kumar was

sanctioned an amount of

Rs.22,000/- as TA for

performing his duty as an

Election Observer during

the month of April-May

2001. Shri S.Kumar

however failed to adjust the

TA advance in

contravention of rule 3(1)

of All India Service

Conduct Rules 1968.

Shri

Arvind

Kumar,

CDI, CVC.

Enquiry completed &

Report submitted to

Chief Secretary,

Government of

Haryana on 21.03.2005.

3

23.07.02

Irregularities in making

appointments while posted

as Project Director,

Haryana Prathmik Shiksha

Pariyojna Parishad. CBI

also submitted SP's Report

in PE No.1(A)/2004 of

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 7 of 8

CBI/ACU-IX dated

27.01.2004

-------

In view of new facts

that emerged out of

CBI's Report the CVC

has filed a

Miscellaneous Petition

in the Hon'ble Supreme

Court, as stated by Shri

P.Parmeswaran,

Government Advocate,

Supreme Court of

India, praying therein

to direct the Govt. of

Haryana to modify/alter

the charged framed

against Shri Sanjeev

Kumar vide C/S dated

23.07.2002.

We have heard the learned counsel for the petitioner in the

presence of the petitioner and the learned Additional Solicitor

General. We have also perused the latest Status Report made

available by the CBI. Having perused the Status Report as also

the information which was made available to the Court by the

Director and the DIG of CBI (reference: proceedings held on

14.3.2005), we are satisfied that the investigations into all the

matters entrusted to the CBI whether on complaint made by the

petitioner or on complaints made against him are proceeding

satisfactorily. The petitioner had some grievance against Shri

Harbhajan Ram, the then investigating officer of CBI. But it is

pointed out that the said investigating officer has suffered some

injury and the investigation has already been transferred and

entrusted to some other officer. The Status Report and the

information given by the officers of the CBI is to the effect that

all the investigations related to this case are being handled with

the requisite care and caution and inasmuch as the investigation

is being held under the directions of this Court, an Officer of DIG

rank is continuously monitoring the progress of the investigation

conducted by different investigating officers and the Director of

CBI is being apprised of the progress from time to time. This

takes care of the grievance, if any, of the petitioner which was

against the then investigating officer, Harbhajan Ram. Ex

abudanti cautela we clarify that the present investigating officer

who has replaced Shri Harbhajan Ram would review the

investigation done by his predecessor and would conduct further

investigation or carry out re-investigation if he feels the need for

doing so after apprising his superior officers or if directed to do

so by them.

We do not think the present case calls for a Special

Investigation Team (SIT) being constituted and the investigation

being taken away from the CBI and entrusted to any Special

Investigation Team.

It may also be noted that political scenario in the State of

Haryana has undergone a drastic change. During the pendency

of these proceedings, elections have taken place in the State of

Haryana. The then Chief Minister, against whom the petitioner

had grievance has been voted out of power and a new Chief

Minister and a new Government have come in power.

On considering the totality of the facts and circumstances

of the cases, Contempt Petition (Civil) No. 448/2004, Criminal

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 8 of 8

M.P. Nos. 2322/2005, 13518/2004 in W.P.(Crl.) No.93/2003 and

Transfer Case (Crl.) No. 7/2004 are disposed of in terms of the

following directions :-

(1) The Departmental Inquiry proceedings against the

petitioner shall be concluded by the CVC and proceeded to

their logical end in accordance with law.

(2) In the matter of Department Inquiry relating to

irregularities in making appointments while posted as

Project Director, Haryana Prathmik Shiksha Pariyojana

Parishad. (PE No.1(A)/2004 dated 27.1.2004), the CVC

has sought for a direction to the Government of Haryana

to modify or alter the charges framed against the

petitioner, Sanjiv Kumar. The State Government shall be

free to take decision on the communication received from

the CVC in the matter of modification/alteration of the

charges.

(3) On 21.2.2005 this Court had directed that the petitioner

shall not be arrested and no proceedings against him shall

be filed by the CBI except by the leave of the court. That

order stands vacated. However, the petitioner shall not be

arrested or called for interrogation except after apprising

the Director, CBI. No harassment shall be caused to the

petitioner and any action taken against the petitioner shall

be promptly brought to the notice of the competent Court

having jurisdiction over the case.

(4) We are not inclined to take cognizance and initiate any

contempt proceedings on the petition filed by the

petitioner in that regard.