K PANGER JAMIR Vs. STATE OF NAGALAND

JUDGEMENT

(1.) Heard Mr. A Zhimomi, learned counsel for the petitioners and Mr. L. S. Jamir, learned senior Govt. Advocate for the official Respondents. 1. These two Writ Petitions raise common issues, both in facts and law, and have been heard and considered together, they are being disposed of by this common judgment and order. For the sake of convenience, the essential facts are being noted from WP(Crl.) No.2(K)/07.

(2.) Looking back a little. Prior to formation of the State of Nagaland on 1.12.1963, the only enactment concerning the conduct of the Government servants was the Delhi Special Police Establishment Act, 1946, which was in force in the erstwhile Nagaland Hills Tuensang Areas of both Kohima and Mokokchung Districts. It was vide Assam Regulation No. XII of 1951 and vide Act 3 of 1951, the Prevention of Corruption Act, 1947 (now amended in 1988), came into force in the Naga Hills Tuensang in the District of Kohima and Mokokchung respectively vide Assam Government's Notification No.L. 19/ 47 GS dated 8/5/47 and subsequently enforced in Tuensang District vide Act 3 of 1951. In order to fight corruption, the Government of Nagaland vide its Resolution No.CON-58/75 dated 9.4.1976 decided to set up a State Vigilance Commission to be headed by State Vigilance Commissioner from among retired Judges of High Court or retired Senior Executive Officers for the whole State of Nagaland with powers, amongst others, to enquire into the complaints of corruption, misconduct, lack of integrity or other kinds of malpractices or misdemeanours on the part of the public servants including the members of All India Services and to make recommendation as may be appropriate to the Government.

(3.) The Government of Nagaland vide Notification No.LAW/ACT- III/2004 dated 6.7.2005 appointed/designated the Deputy Commissioner (Judl.), Dimapur as the Special Judge for the whole State of Nagaland to try all offences triable by the Special Judge committed to the State of Nagaland and investigated by the Delhi Special Police Establishment. The last Notification being No.LAW/ACT-III/2004 dated 12.3.2005 (An- nexure-2 to the writ petition) appointing/ designating one Sri L. K. Achumi, Deputy Commissioner (Judl), Dimapur. As per the said Resolution, the Commission shall have the following wings:- (a) Director of Vigilance of Anti-corruption to be headed by a person not below the rank of Superintendent of Police who will be assisted by such number of Deputy Superintendents of Police and officials of other rank as may be considered necessary by the Government of Nagaland in consultation with the Vigilance Commissioner, (b) Tribunal for departmental proceedings (c) Law Officer (d) Technical Officer. In terms of the said Resolution, the Government of Nagaland created one post of Tribunal for departmental proceedings vide Notification No.CON. 146/76 dated 3.11.1976 (Annexure-C to the writ petition) and vide Notification No.LAW/ACT-18/87 dated 23.3,2007 (Annexure-E to the writ petition) appointed the Tribunal for departmental proceedings in the Vigilance Commission as the Special Judge within the jurisdiction of the State of Nagaland to try any offence punishable under the Prevention of Corruption Act, 1988 (hereinafter referred to as "PC Act") investigated by the Police Station of the Vigilance Commission, which is under challenge in these writ petitions. By a NotificatIon issued under No.CON- 248/75 dated 1.6.1976, the Government of Nagaland declared Director of Vigilance and Anti-corruption to be the Police Station and by a subsequent Notification No.CON-248/ 75 dated 21.8.1999 declared the Director of Vigilance and Anti-corruption to be the Officer In-charge of the Vigilance Police Station for the whole State of Nagaland with Head Quarter at Kohima. By the Same Notification, he shall be deemed to be the Police Officer of the Vigilance Police Station and shall have jurisdiction and power to investigate into the offences punishable under the following Sections of law:- 1.All offences under the Prevention of Corruption Act, 1988 2.Sections 406 to 409 IPC and 417 to 420 IPC 3.Sections 471 to 477A IPC 4.All offences under the Official Secrets Act, 1923 5.All offences under the Assam Maintenance of Public Order Act, 1947 6.Attempts, abetments and conspiracies of offences in Items 1 to 5 above, by whosoever committed. 7.Any other particular offence or offences that may be specified by the State Government. Based upon the local print media report, the Vigilance and Anti-Corruption Police Officer, Kohima filed a suo motu FIR on 27.5.2005, which was registered as R/C-2/ 05 against the Petitioner No.3 Mr. Imnaonen and the Controller of Examinations, Nagaland Public Service Commission. After Investigation, charge sheet was laid on 3.8.2005 against 8 persons Including the petitioner. The Proforma Respondent Nos.7, 8 and 9 are the other co-accused in the said case. On charges being framed, the prosecution started adducing evidence and on 4.4.2007, the last date fixed for evidence, as many as 8, out of 17 witnesses named in the charge sheet have been examined fixing 18.5.2007 as the next date for further evidence. But, in the meantime, the Deputy Commissioner (Judl.), Dimapuf, who was earlier appointed/designated as the Special Judge of the Tribunal for Departmental Proceedings in the Vigilance Commission (TDP in short) vide Govt. Notification dated 23.3.2007, transferred the said case along with other cases pending in his court vide order dated 16.4.2007 (Annexure F to the writ petition). This order transferring the cases is also under challenge in these writ petitions. The Deputy Commissioner (Judl) Dimapur has, in the meantime, made over the cases including the case i.e. R/C-2/05 to the Deputy Commissioner (Vigilance) and Special Judge, TDP, Nagaland vide his letter No. DC(J)dated 18.4.2007 (Annexure-G to the writ petition).