Favours to ex-Unitech bosses in jail: SC recalls suspension of Tihar officials

New Delhi, Jan 23 (PTI) The Supreme Court on Thursday recalled its order suspending a Tihar Central Jail official who allegedly provided facilities to former promoters of erstwhile Unitech Group.

A bench of Justices Surya Kant and N Kotiswar Singh recalled the direction passed on October 6, 2021, directing the suspension of Tihar Jail officials, who were prima facie found complicit in the course of an inquiry conducted by former Delhi Police commissioner Rakesh Asthana.

While recalling the suspension, the bench asked the competent authority to take a decision on the suspension of assistant superintendent (jail) Chetram Meena in four weeks.

Additional solicitor general Aishwarya Bhati, appearing for Tihar Jail, submitted the departmental inquiry contemplated under Central Civil Services (classification, control and appeal) Rules of 1965 was underway and the memo of charges were given to the suspended officials in October, 2024.

She submitted the suspension of a total of 32 officials was considered by a review committee but it was extended as there was an order of the court.

Bhati said the court could consider passing an order over all the suspended officers despite only one approaching the court.

Senior advocate P Chidambaram, appearing for Meena, said he was suspended for three-and-half years and the departmental proceedings had just begun.

"I have no problem with departmental proceedings but I can't be kept under suspension for an indefinite period," he submitted.

The bench told Bhati after six months, the suspended government official, would be entitled for 75 per cent of the pay as subsistence allowance plus full leave despite doing no work.

It said if the direction of suspension passed on October 6, 2021, was allowed to operate indefinitely, it would be "prejudicial to the state exchequer".

"We thus proceed on the premise that most of the suspended officers/officials are now getting 75 per cent pay without working. Since chargesheets have been issued very recently in October, 2024, we can safely infer that the conclusion of department proceedings will take some reasonable time. Similarly, the criminal proceedings pending against suspended officials are not likely to reach a logical conclusion in a short period of time," the bench said in its order.

It noted the submission of Bhati that 32 officials were suspended in pursuance to the directions of the court of which four retired and services of two officials on contract was dispensed with.

Meena sought a recall of the directions for suspension passed on October 6, 2021, and his reinstatement in service by revoking the suspension order of October 13, 2021 passed by DG Prisons, Delhi.

He was posted as assistant superintendent at jail 7 in Tihar prisons.

Former promoters of Unitech Ltd., Sanjay Chandra and Ajay Chandra, were lodged in the jail as undertrials from August 7, 2020 and August 17, 2020, respectively.

The bench said the Chandras and other officials of the company were arrested on account of alleged large-scale fraud over the hard-earned money of investors and home buyers.

After being informed that Chandra brothers were allegedly accorded VVIP treatment in Tihar jail by the Enforcement Directorate, the top court on August 26, 2021 directed them to be shifted to Mumbai's Arthur Road Jail and Taloja jail in Maharashtra, respectively.

It said the ED reports on the conduct of the Chandra brothers and connivance of Tihar jail staffers in flouting the orders and undermining the jurisdiction of the court, raised some "serious and disturbing" issues.

The top court directed the Delhi Police commissioner to personally hold an inquiry and submit a report in the court.

Subsequent to the report dated September 28, 2021, the top court on October 6, 2021, passed the direction for suspension of Tihar jail officials, who were prima facie found complicit in providing facilities to Chandras.

The ED, investigating money laundering charges against the Chandras and Unitech Ltd, in its report said the Chandras rendered the entire judicial custody meaningless as they freely communicated, instructed their officials and disposed of properties from inside the jail in connivance with the prison staff. PTI MNL AMK

Source: PTI