SUBHASH CHANDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) Vide this common order, CRM-M No.35767 of 2019 and CRM-M No.24228 of 2018 are being decided.

(2.) In CRM-M No.35767 of 2019, petitioner has assailed the impugned proceedings arising out of FIR No.46 dated 03.11.2015 registered under Section 13(1)(d) of the Prevention of Corruption Act, 1988 and under Sections 406, 409, 420, 120-B, 467, 468, 471 IPC, Police Station State Vigilance Bureau, Gurugram qua the petitioner. In CRM-M No.24228 of 2018, petitioners seek appropriate directions to the respondents to transfer the investigation of the aforesaid case to some independent Agency at Central level or by the Special Investigation Team.

(3.) Petitioner-Subhash Chander is working as District Horticulture Officer in the State of Haryana. Micro Irrigation Scheme was launched and the same was implemented under National Mission on Micro Irrigation. For availing assistance to the beneficiaries, a defined procedure was prescribed for availing the assistance. As per departmental guidelines, District Horticulture Officer is bound to release the subsidy on the basis of recommendation of Horticulture Development Officer. In the year 2011-12, petitioner was posted as District Horticulture Officer, Gurugram with an additional charge of Mewat. A complaint was received in respect of Micro Irrigation System implemented by the Horticulture Department, Haryana. The complaint was marked by Horticulture Administrative Department of the State of Haryana to the State Vigilance Bureau for investigation. The Vigilance Bureau after thorough investigation submitted a report dated 25.08.2015 recommending departmental proceedings to be initiated against the petitioner. State Vigilance Bureau also recommended registration of a criminal case against two officers namely Khalil Ahmed, Horticulture Development Officer and Satpal Raghav, APO and dealer Shamim Ahmed.