9911796707
TMI Blog2003 (11) TMI 640X X X X Extracts X X X X X X X X Extracts X X X X ..... e correct. 2. The petitioner is an IAS officer of the year 1985, sufficiently senior and allotted to Haryana cadre. He has held various assignments of responsibility. In November 1999 about 4000 vacancies of JBT teachers were advertised by the Department of Primary Education, State of Haryana for being filled up through District-Level Selection Committees. Nineteen such Committees were constituted. Applications were invited and short-listed candidates were called for interview in the 19 districts. At the time when the process of selections was initiated and the selections were held, one Shri R.P Chander, IAS, was the Director, Primary Education. In January 2000, he was shifted from the office of Director, Primary Education and in his place ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ut 28-9-2000, these lists were handed over to the petitioner with a direction that such lists should be substituted immediately in place of the original lists. 4. On 7-11-2000, the petitioner opened the almirah which was sealed by Ms Rajni and released the original select lists of candidates. This process was videographed and also photographed. Appointments have been made pursuant to this list. 5. On 3-12-2000, the petitioner was transferred from his post. 6. On 5-6-2003 the petitioner has filed this petition under Article 32 of the Constitution seeking directions for investigation and also protection for the life and liberty of himself and his family members. 7. On 12-6-2003, the writ petition came up for hearing before a Vacation Benc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ided naming them in this order, as the accusation against them is yet to be investigated. 11. From the very first day, the petitioner has been demanding the whole episode to be investigated into by a highly placed independent investigating agency. On behalf of the respondents, it is not denied that an inquiry/investigation is justifiably called for. There are two lists of selected candidates and only one can be genuine and authentic. However, the respondents have insisted on a Commission of Inquiry being set up so that the Commission, preferably headed by a retired Judge of any High Court, may hold an inquiry and find out the correct facts. It was also submitted on behalf of the respondents that such Commission of Inquiry may be assisted b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... petitioner, may also be entrusted with inquiry/investigation into the allegations levelled against the petitioner. To this the petitioner has no objection; rather he welcomed the suggestion. 13. We have given our thoughtful consideration to the respondents' proposal for entrusting the whole matter to a Commission of Inquiry, assisted by a special investigating task force. The flaw with Commissions of Inquiry, as revealed by experience, is that they do not have enough teeth and for their functioning they have to depend on the State's assistance. Commissions of Inquiry remain pending for unreasonable lengths of time. The reports submitted do not bind the State and in spite of transparency and public hearings which the Commissions oft ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt case. They can think of acting fast for the purpose of collecting such vital evidence, oral and documentary, which runs the risk of being obliterated by lapse of time. The rest can afford to wait for a while. We hope that the investigation would be entrusted by the Director, CBI to an officer of unquestioned independence and then monitored so as to reach a successful conclusion; the truth is discovered and the guilty dragged into the net of law. Little people of this country, have high hopes from CBI, the prime investigating agency which works and gives results. We hope and trust the sentinels in CBI would justify the confidence of the people and this Court reposed in them. 16. Looking at the quantum of matters which are now being dealt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... handigarh, for alleged misuse of official vehicles and mobile phone by the petitioner Sanjiv Kumar, leading to registration of criminal case under Section 13(1)(d) of the Prevention of Corruption Act. (3) Inquiry No. 31 dated 10-8-2001, Chandigarh, regarding appointment of 36 officials under DPEP by the petitioner resulting in alleged financial loss of ₹ 22,33,466 to the State Government. (4) Inquiry No. 38 dated 20-9-2001, Chandigarh, regarding financial irregularities committed by the petitioner in projects of various items amounting to over ₹ 56 lakhs. (5) Inquiry No. 16 dated 3-9-2002, Chandigarh, regarding disproportionate assets against the petitioner. 19. We hope the investigation to be accomplished, accompanie ..... X X X X Extracts X X X X X X X X Extracts X X X X
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