KARAMJIT SINGH Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) In this Public Interest Litigation, the petitioner seeks directions to be issued to respondent No. 1 (Union of India) to entrust the investigation of F.I.R. No. 162 dated 5.9.2009 registered under Sections 420, 120B I.P.C. at Police Station Industrial Area, Chandigarh, to the Central Bureau of Investigation. The allegations revolve around the appointment of teachers in the process initiated and undertaken by the Department of Education, U.T.Chandigarh which had advertised 273 posts of Master/Mistress, 235 posts of J.B.T. Teachers and 28 posts of N.I.T. Teachers, totaling 536. The written test was conducted with effect from 12.7.2009 and no criteria for selection was disclosed to the candidates, but eventually the criteria was published in The Hindustan Times on 7.9.2009 indicating that 45 marks had been allocated for written test, 30 marks for educational qualifications, 5 marks for Co-curricular activities, 10 marks for teaching experience and 10 marks for viva-voce.

(2.) In the meantime, allegations surfaced that jobs of teachers were being bartered for cash which led to the registration of the F.I.R. in question. Serious allegations were levelled against the D.P.I.(S) Samwartak Singh, one Jolly and Hardev Singh. The F.I.R. was registered on the allegation made by Kamalpreet Kaur who alleged that Hardev Singh had contacted her on 19.8.2009 and represented to her that he had links with the Education Department and could be instrumental in getting her selected as a teacher in lieu of an amount of Rs. 4.25 lacs.

(3.) Similarly, a person by the name of Jolly was also involved in this process as a conduit. The matter was investigated initially by the Chandigarh Police and in the investigation, it was established that a person named Jolly had made around 130 calls to Samwartak Singh, D.P.S.(S) and a similar number of calls were received by him from Samwartak Singh. Interestingly, even though notice had been issued to the respondents in this Public Interest Litigation on 9.11.2009 and the Court had summoned the record of investigation of F.I.R. No. 162 dated 5.9.2009 registered under Sections 420, 120B I.P.C. and subsequently appointed Shri R.S.Cheema, Senior Advocated as Amicus Curiae to assist it and before this Court could evaluate the record with the assistance of the Amicus Curiae, a letter was received from one Himmat Singh addressed to the Hon'ble Chief Justice of this Court in a sealed cover indicating that the C.B.I. had conducted a preliminary enquiry literally establishing the case of complainant Kamalpreet Kaur in the said F.I.R., but yet the C.B.I. had made no effort either to register a case or to proceed with the matter further.