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TMI Blog2012 (2) TMI 76X X X X Extracts X X X X X X X X Extracts X X X X ..... wing directions: "(i) CBI shall conduct thorough investigation into various issues highlighted in the report of the Central Vigilance Commission, which was forwarded to the Director, CBI vide letter dated 12-10-2009 and the report of the CAG, who have prima facie found serious irregularities in the grant of licences to 122 applicants, majority of whom are said to be ineligible, the blatant violation of the terms and conditions of licences and huge loss to the public exchequer running into several thousand crores. CBI should also probe how licences were granted to large number of ineligible applicants and who was responsible for the same and why TRAI and DoT did not take action against those licensees who sold their stakes/equities for many thousand crores and also against those who failed to fulfil rollout obligations and comply with other conditions of licence. (ii) CBI shall conduct the investigation without being influenced by any functionary, agency or instrumentality of the State and irrespective of the position, rank or status of the person to be investigated/probed. (iii) CBI shall, if it has already not registered first information report in the cont ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nived with the businessmen for causing loss to the public exchequer to the tune of many thousand crore rupees, some of whom have already been chargesheeted before the Special Judge, CBI, this Court should appoint independent persons for assistance in monitoring the further progress of the case. Learned counsel submitted that the first chargesheet filed by the CBI is accompanied by documents running into 80,000 pages and large number of reports have been submitted before this Court by the CBI, the Enforcement Directorate and the Income Tax Department which require detailed study of different facets of the crime allegedly committed by large number of persons and, therefore, if a group of independent persons is appointed, the monitoring by the Court will become more convenient and effective. 7. Shri K.K. Venugopal, learned senior counsel appearing for the CBI argued that the Court should not entertain the prayer made on behalf of the petitioner and appoint any outsider for assisting it because for the last more than one year the CBI and other agencies have very effectively investigated the case and filed two chargesheets. Learned senior counsel submitted that the Court has als ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l of outstanding civil servants and others with impeccable integrity, to be furnished by the Cabinet Secretary. The appointment shall be made by the President on the basis of the recommendations made by the Committee. This shall be done immediately. 3. The CVC shall be responsible for the efficient functioning of the CBI. While Government shall remain answerable for the CBI's functioning, to introduce visible objectivity in the mechanism to be established for overviewing the CBI's working, the CVC shall be entrusted with the responsibility of superintendence over the CBI's functioning. The CBI shall report to the CVC about cases taken up by it for investigation; progress of investigations; cases in which charge-sheets are filed and their progress. The CVC shall review the progress of all cases moved by the CBI for sanction of prosecution of public servants which are pending with the competent authorities, specially those in which sanction has been delayed or refused. 4. The Central Government shall take all measures necessary to ensure that the CBI functions effectively and efficiently and is viewed as a non-partisan agency. 6. Recommendations for appointmen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The Central Vigilance Commissioner and the Vigilance Commissioners shall be appointed from amongst persons- (a) who have been or are in an All-India Service or in any civil service of the Union or in a civil post under the Union having knowledge and experience in the matters relating to vigilance, policy making and administration including police administration; or (b) who have held office or are holding office in a corporation established by or under any Central Act or a Government company owned or controlled by the Central Government and persons who have expertise and experience in finance including insurance and banking, law, vigilance and investigations: Provided that, from amongst the Central Vigilance Commissioner and the Vigilance Commissioners, not more than two persons shall belong to the category of persons referred to either in clause (a) or clause (b). 8. Functions and powers of Central Vigilance Commission - (1) The functions and powers of the Commission shall be to- (a) exercise superintendence over the functioning of the Delhi Special Police Establishment insofar as it relates to the investigation of offences alleged to have be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ew of proviso to Section 8(1)(b) of the 2003 Act the Central Vigilance Commission cannot, while exercising the power of superintendence under clause (a) or giving directions under clause (b), direct Delhi Special Police Establishment to investigate or dispose of any case in a particular manner. In other words, the power of superintendence cannot be used by the Central Vigilance Commission for interfering with the manner and method of investigation or consideration of any case by the CBI in a particular manner. 11. Although, initially the CBI may not have taken up the matter relating to investigation of 2G case with requisite seriousness, after 16.12.2010 it has satisfactorily conducted the investigation. Therefore, there is no justification to appoint a group of persons to directly or indirectly scrutinise or supervise the further investigation being conducted by the CBI and other agencies. However, keeping in view the nature of the case and involvement of large number of influential persons, we feel that it will be appropriate to require the Central Vigilance Commissioner and the Senior Vigilance Commissioner appointed under Section 3(2) of the 2003 Act to render assistanc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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