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4. The background in which the chargesheet was Issued was of some significance. The officers of the Animal Husbandry Department in Bihar both at Secretariat level and allegedly with the blessings and support of the Government of that State that systematically drew huge sums of money in excess of the grant and as it transpired that bigs of the high-ups in the State of Bihar Including the then Chief Minister Shri Laloo Prasad Yadav was involved in the said scam which is popularly known as Fodder Scam in the Slate of Bihar. Because of public interest litigation and judicial activism of the Supreme Court and the High Court at Patna, the investigation into the said fodder scam was initiated and ultimately handed over to the Central Bureau of Investigation for a fair. Impartial and effective investigation as it transpired that it would be difficult on the part of the Police machinery in the State to Investigate the matter independently, freely and fairly against the Chief Minister of the State who was then in power and after he vacated the post, now his wife Smt. Rabri Devi is the Chief Minister of that State.

8. It was further submitted by Mr. Ghosh that the Police Investigation in respect of the fodder scam is an unprecedented Incident in this country as hither to before no Chief Minister of any State was involved in such a case which resulted a great commotion among the public at large. A sitting Chief Minister, has a power and position and has a large number of supporters at his command and that in order to keep the Investigation free from any wrongful interference by the persons Involved, the Supreme Court was pleased to pass the following direction in the matter on 19th March, 1996 :--

20. From the sequence of events which are all admitted it was sought to be argued by Mr. Ghosh that there was deliberate attempt on the part of the Central Government and the top officials of the CBI to remove Dr. U.N. Biswas who was in-charge of Investigation and in respect of the said Fodder Scam against Shri Laloo Prasad Yadav with some designate and/or ulterior motive end in view.

21. It was further submitted that because of the role played by the then Director, CBI and the top officials of the CBI, the Division Bench of the Patna High Court passed an order on 7.10.96 that reports by the concerned officers entrusted with the Investigation against Laloo Prasad Yadav, to submit to the High Court directly without being sent to the Director, CBI or any other authority and restrained the Director, CBI from meddling in any manner in the investigation of the said Fodder Scam. Under such circumstances. It was submitted that the charge of insubordination and other allegations are on the face of it motivated and wrong.