SC Stays Jharkhand HC Order For CBI Inquiry Into Alleged Irregularities In Legislative Assembly Appointments

A bench of Justice B R Gavai and Justice K V Viswanathan agreed to hear the plea filed by the Jharkhand Vidhan Sabha and others challenging the September 23, 2024 judgement of the High Court.

The plea, filed through Advocate Tulika Mukherjee, said the High Court had erred in directing the Central Bureau of Investigation (CBI) to enquire into the issue in the absence of any criminality or cognisable offence, that too in a civil matter which involves complicated and pure questions of law and facts with respect to service jurisprudence and others.

"The high court erred in directing the CBI to investigate as the first investigating agency in absence of any cogent and convincing reason that the state-investigating agency is not fit to investigate into the alleged irregularity or illegality," it said.

The plea said in the present case, there is no FIR and no cognisable offence which can be made out.

It claimed there is "no proof of exchange of money, there is no proof of giving or taking of money, there is no proof of fraud and no criminality can be made out".

The plea said the Jharkhand Legislative Assembly Secretariat (Recruitment and Conditions of Service Rule, 2003, came into existence on March 10, 2003.

It said to accomplish the work of legislative assembly secretariat and the assembly committees, recruitment process was initiated.

It said that proper steps, including publishing advertisement in newspapers, issuance of admit cards, conducting examination and interviews (wherever required), were taken and only thereafter employees were recruited.

"Accordingly, appointments and promotions were made in the year 2003-2007. After completion of the recruitment process, some persons allegedly recorded few people talking about irregularities committed in the appointment process. This unverified voice recording was converted into a compact disk and submitted before the Speaker, Jharkhand Vidhan Sabha," the plea said.

It said in October 2007, a committee comprising of five members was constituted to look into the matter arising out of the unverified voice recordings.

The recommendation of the committee was presented in August 2008 before the speaker of the Jharkhand Vidhan Sabha which was opposed by two members of the panel itself, the plea said.

It said later, the Cabinet Secretariat and Vigilance Department (Parliamentary Affairs) issued a notification in July 2014 and appointed a former judge of the Jharkhand High Court for inquiring into the alleged irregularities in appointment and promotions of employees in the Jharkhand Assembly.

It said a report dated July 12, 2018 was submitted by the commission headed by the former judge before the then governor in which recommendations on 30 points of reference were made.

The plea said the high court had failed to appreciate that the report of the commission was never communicated to the state government as contemplated under the Commission of Inquiry Act, 1952.

"The high court failed to appreciate that the then Governor vide letter... dated September 10, 2018 requested the then Speaker of the Jharkhand Legislative Assembly to take appropriate action in light of the recommendations of the report of the one-man judicial commission...," it said.

The plea said pursuant to the letter issued by the then governor, the speaker gave approval for compulsory retirement of two officers through notifications dated August 26, 2019.

It said in August 2022, the state government was requested to appoint another commission for interpretation of complicated questions of law and facts involved in the recommendations of the report given by the earlier commission.

"The high court failed to appreciate and overlooked that the commission constituted by the appropriate government has submitted its report to the state government, on the basis of which ATR (action taken report) was prepared and the report along with ATR was accepted by the State Government through Cabinet and thereafter, the same was tabled in the House...," it said.

The plea said the high court failed to appreciate that the Vidhan Sabha Secretariat on the basis of the report and ATR was acting upon the same for its implementation.

The High Court had delivered the verdict on a plea which raised the issue of alleged irregularities in matter of public employment in the Jharkhand Vidhan Sabha.