LAWS(CHH)-2020-7-15

SATISH CHANDRA VERMA Vs. PRABHAKAR SINGH CHANDEL

Decided On July 03, 2020
Satish Chandra Verma Appellant
V/S
Prabhakar Singh Chandel Respondents

JUDGEMENT

(1.) This petition under Section 15 read with Section 2 (c) of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution of India for initiating proceedings for committing criminal contempt against the respondents, is an off shoot of decision rendered by this Court in Kundan Singh Thakur v Union of India & Others [WP PIL No.53 of 2018 decided on 30-1-2020] [for short 'PIL']. The said PIL was preferred by the present petitioner seeking direction to the Central Bureau of Investigation (CBI) to register an FIR (First Information Report) and investigate the matter; as also for a direction to the Department of Personnel and Training (DoPT), Government of India, for initiating departmental proceedings against the respondents No.15 to 26 therein. The PIL was disposed of with direction to the CBI to register the FIR; seize the relevant original records from the concerned department, organization and offices throughout the State within 15 days from the date of registration of FIR; and complete fair and independent investigation at the earliest.

(2.) Since after the decision, the matter is pending before the Supreme Court in Special Leave to Appeal (C) No.3553 of 2020 (Vivek Dhand & Anr. v Union of India & Ors.) in which an interim order has been passed on 13-2-2020 to the effect that 'there shall be stay of further investigation in FIR No.RC2222020A0001 P.S. SPE/CBI/AC-IV/Bhopal dated 5-2-2020 until further orders.

(3.) It is averred in the petition and has been argued by Shri Devershi Thakur, learned counsel appearing for the petitioner that at about 10.00 am on 31-1-2020 several contemnors stormed into the High Court premises along with the Law Officers, who informed and requested the petitioner's counsel that he should remain present as they are mentioning the matter. It is stated that the Law Officers along with some bureaucrats mentioned the matter informing the Court that the State is also filing the review petition. On the said date, the concerned Bench was not available yet the contemnors wasted 30-45 minutes of precious Court hours. Review petition for the State was eventually filed on 5-2-2020.