SANJIV KUMAR Vs. OM PRAKASH CHAUTALA

JUDGEMENT

(1.) 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.

(2.) 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 :

(3.) 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 :-