Jharkhand High Court
Mr.Vishnu Dayal Ram (Ips) vs Union Of India & Ors on 13 August, 2012
Author: Narendra Nath Tiwari
Bench: Narendra Nath Tiwari
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No.5459 of 2010
With
I.A. No.1116/2011
Mr. Vishnu Dayal Ram (IPS). .......... Petitioner.
Versus
Union of India & Ors. ........... Respondents.
CORAM : HON'BLE MR. JUSTICE NARENDRA NATH TIWARI
For the Petitioner : M/s. B. P. Pandey, Sr. Advocate
Prashant Pallav & Kabir Dixit, Advocates
For the UOI : Mr. M. Khan, ASGI
For the State : Mr. A. K. Sinha, A.G.
17/13.08.2012: In I.A. No.1116 of 2011, the petitioner has prayed for holding the impugned notification dated 22nd October, 2010 (Annexure19 to the writ petition) as redundant in view of the order passed by the Hon'ble Supreme Court in W.P.(C) No.292 of 2010.
By the said notification, the State Government had referred the investigation regarding withdrawal and utilization of the amount of Secret Service Fund by the petitioner and others to the Central Bureau of Investigation (CBI).
It has been submitted that the public interest litigation, being W.P.(C) No.292 of 2010 (Jitin Sahni Vs. Union of India & Ors.), filed before the Hon'ble Supreme Court, praying for almost same reliefs, has been dismissed by order dated 20th September, 2010. A copy of the writ petition filed before the Hon'ble Supreme Court has been made Annexure6 to the instant writ petition. It has been submitted that the issues were almost similar and the Hon'ble Supreme Court dismissed the writ petition in view of absence of any statutory provision, regarding utilization of Secret Service Fund. It has been further submitted that following the said order of the Hon'ble Supreme Court, the Madras High Court also refused to entertain the similar writ petition. In view of the above, the impugned notification dated 22nd October, 2010 has become redundant and the same is liable to be quashed .
Learned counsel, appearing on behalf of the Union of India, submitted that in view of the aforesaid legal position and other difficulties, the Central Bureau of Investigation is not in 2 position to take up the matter for investigation. An affidavit to that regard has been also filed on behalf of the Central Government.
Learned Advocate General, appearing on behalf of the State of Jharkhand, submitted that when the impugned notification dated 22nd October, 2010 was issued, the order of the Hon'ble Supreme Court was not within the knowledge of the State Government. He fairly submitted that the said notification cannot be supported by State Government, as the same is covered by the order of the Supreme Court passed in W.P.(C) No.292 of 2010.
Learned counsels for the parties submitted that the writ petition itself can be disposed of in the light of the said order of the Supreme Court.
Having heard learned counsel for the parties, I find no ground to sustain the impugned notification dated 22nd October, 2010 (Annexure19), as the same is covered by the decision of the Hon'ble Supreme Court dated 20th September, 2010 passed in W.P.(C) No.292 of 2010.
Consequently, the impugned notification dated 22nd October, 2010 (Annexure19) is quashed.
The writ petition as well as I.A. No.1116 of 2011 are, accordingly, disposed of.
(Narendra Nath Tiwari, J.) Sanjay/