VISHNU DAYAL RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned Counsel for the Appellant, who is the writ Petitioner in W.P. (S) No. 5459 of 2010, wherein one of the applicants, Ram Subhag Singh has been impleaded as a party-intervenor by the impugned order dated 15th April, 2011.

(2.) As per the brief facts of the case, when the Appellant-Petitioner was posted as Director General of Police, Jharkhand, Ranchi, he and one Rajiv Kumar, the then Additional Director General of Police were alleged to have utilized a sum of Rs. 5.6 crores and 2.5 crores respectively of the Secret Service Fund. After three years, some newspapers reported in the year 2009 that there had been misuse of Secret Service Fund. On such reports, two cases of the nature of Public Interest Litigation, bearing No. W.P. (PIL) No. 3439 of 2009, (Rajiv Kumar v. Union of India and Ors.) and W.P. (PIL) No. 3975 of 2009 (Ram Subhag Singh v. State of Jharkhand and Ors.) were filed in this Court on 23rd July, 2009 and 24th July, 2009 respectively with the prayers to direct the C.B.I. or any other independent agency to conduct an enquiry/investigation into the matter of withdrawal of huge amount from the Secret Service Fund. In these petitions, the State has stated that the State has no objection, if the matter is handed over to the C.B.I. for enquiry by this Court. On this submission of the State, those Public Interest Litigations were disposed of on 28th August, 2010, observing that since the Petitioner has no objection, if appropriate action is taken at the hands of the State Government. Therefore, in response to the certain D.O. letters relating to the withdrawal of the amount from the Secret Service Fund, the then Home Secretary, Government of India wrote a letter on 16th September, 2010 to the then Chief Secretary, Government of Jharkhand, intimating therein that the consent of the State Government in terms of Section 6 of the Delhi Special Police Establishment Act, 1946 is required for conducting an enquiry/investigation by the C.B.I.

(3.) Subsequent to that, one writ petition, bearing W.P. (C) No. 292 of 2010 was filed before the Hon'ble Supreme Court, wherein, prayer was made for in-depth enquiry by the C.B.I. into the utilization of the Secret Service Fund by the Police authority of each State including the State of Jharkhand. However, the said writ petition was dismissed by the Hon'ble Supreme Court by order dated 20th September, 2010, a copy of which has been annexed in this Appeal also, holding that there is no statutory provision to institute the C.B.I. enquiry in the matter of withdrawal of the Secret Service Fund. However, a notification in terms of Section 6 of the Delhi Special Police Establishment Act, 1946 was issued on 23rd October, 2010 i.e. after the disposal of the S.L.P. By the Hon'ble Supreme Court by order dated 20th September, 2010 enabling the Delhi Special Police Establishment to exercise power and jurisdiction in the State of Jharkhand in the matter relating to withdrawal of the amount from the Secret Service Fund. The said order dated 20th September, 2010 has been challenged before this Court by filing a writ petition. On 29th October, 2010, this Court after considering the order passed by the Hon'ble Supreme Court in W.P. (C) No. 292 of 2010, passed an order, staying the operation of the Notification whereupon, two intervention applications, bearing I.A. Nos. 3983 and 4208 of 2010 were filed on behalf of Rajiv Kumar and another Ram Subhag Singh respectively for impleading them as party-Respondents on the plea that the writ petitions did crop up from the order passed by this Court in the Public Interest Litigation, which had been filed by them and as such, they do have right to intervene in the writ petition. However, both the interlocutory applications were dismissed on the ground that the right of the intervenor is not going to be affected adversely even if the prayer made in the writ petition is allowed. The said order was challenged in L.P.A. No. 08 of 2011, which was disposed of vide order dated 10th January 2011. However, in the light of the order dated 10th January 2011, the applicants moved an I.A. No. 262 of 2011 for being impleaded as party-Respondent and that application was submitted by said Ram Subhag Singh. The learned Single Judge, allowed the application vide order dated 15th April, 2011. Hence, this Appeal has been preferred by the original writ Petitioner.