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In the case of Union of India and Ors. v. Sushil Kumar Modi and Ors. investigation was entrusted to CBI in the fodder scam case by the High Court to ensure proper and honest performance of duty by CBI. This Court directed CBI officers to inform the Chief Justice of the Patna High Court about the progress of the investigation and to obtain his directions if so required for conducting the investigation. The Joint Director of CBI submitted his report on the investigation carried out by him to the Chief Justice of the High Court. The High Court found that the Director was trying to interfere with the investigation and, therefore, the High Court directed that all reports of the CBI officers shall be submitted directly to the court without being forwarded to the Director, CBI. This order of the High Court was challenged. It was held that the Director, CBI was responsible and accountable for the proper investigation of the case and, therefore, he cannot be excluded from the investigation. It was, however, observed that the Director, CBI was duty-bound to make a fair, honest and complete investigation and officers associated with the investigation have to function as members of a cohesive team engaged in common pursuit of such an investigation so as to uphold the majesty of the law and preserve the rule of law. It was held that, in case of any difference of opinion between officers of CBI in respect of the investigation, final decision would not be taken by the Director himself or by the Director merely on the opinion of Legal Department of the CBI, but the matter would be decided according to the opinion of the Attorney General of India for the purpose of investigation and filing of the charge-sheet against any such individual. In that event, the opinion would be sought from the Attorney General after making available to him of the opinions expressed on the subject by the persons associated with the investigation as a part of the materials. We quote hereinbelow paras 13 and 14 of the said judgment:

This position was clarified in the case of Union of India and Ors. v. Sushil Kumar Modi and Ors. . It was observed that the nature of the PIL proceedings before the Patna High Court in the fodder scam case was somewhat similar to the proceedings in Vineet Narain's case. It was observed by this Court that, the performance of the PIL proceedings is essentially to ensure performance of statutory duty by the CBI. The duty of the court in such proceedings is to ensure that CBI and other government agencies do their duty in conformity with law. According to the Code, the formation of the opinion as to whether or not there is a case to place the accused for trial is that of the police officer making the investigation and the final step in the investigation is to be taken only by the police and by no other authority. It was observed that, in order to ensure compliance of this aspect of the Code, the directions were issued from time to time to CBI that in case of difference of opinion at any stage during the investigation, the final decision shall be of the Attorney General on reference being made to him on the difference of opinion between the officers concerned. This Court further observed in that case that the High Court was only required to ensure that the Director, CBI did not close any investigation based only upon his individual opinion, if there be any difference of opinion between the Director, CBI and the other officers concerned in the CBI.