Manohar Lal Sharma v. The Principal Secretary & Others

November 26, 2021

Writ Petition (Criminal) No. 120/2012

Constitution of India — Art. 32 — Writ petition — First request made is that that one Deputy Superintendent of Police may be disassociated with the investigation for reasons spelt out in the Note on Administration — It is further stated that no substitution is required in place of this officer — Said request is acceded — Further request made that since concerned officer has recused from the coal block cases and his recusal has been accepted by the Director, CBI, it is now necessary to appoint some other Joint Director of the Zone in his place — One of the reasons given for bringing the officer in place of said officer is a fact that the volume of work has increased and it is necessary to have one Joint Director of the Zone in his place — Note on Administrative Issues dt. 9-2-2015, disposed of (Paras 2 and 4)

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(Madan B. Lokur, Kurian Joseph and A.K. Sikri, JJ.)

Manohar Lal Sharma ______________ Petitioner

The Principal Secretary & Others _____ Respondent(s)

Writ Petition (Criminal) No. 120/2012, decided on February 9, 2015

(With appln.(s) for directions and stay and intervention and modification of court’s order and permission to file rejoinder affidavit and directions and may refer to remarks and exemption from filing O.T. and impleadment and intervention)

With

W.P.(C) No. 463/2012, W.P.(C) No. 515/2012, W.P.(C) No. 283/2013

The Order of the court was delivered by

Order

1. A Note on administrative issues dated 09.02.2015 has been submitted by learned counsel appearing for the CBI in Court today.

2. The first request that has been made is that one Deputy Superintendent of Police may be disassociated with the investigation for reasons spelt out in the Note. It is further stated that no substitution is required in place of this officer. The said request is acceded.

3. The second request is that since Shri O.P. Galhotra has recused from the coal block cases and his recusal has been accepted by the Director, CBI, it is now necessary to appoint some other Joint Director of the Zone in his place. The Note has recommended the name of a particular officer, whose curriculum vitae is attached as Appendix 3 to the Note. We have gone through the Note as well as the Curriculum Vitae of the officer and we accept the request made by the Director, CBI. One of the reasons given for bringing the officer in place of Shri O.P. Galhotra is a fact that the volume of work has increased and it is necessary to have one Joint Director of the Zone in his place.

4. This disposes of the Note on Administrative Issues dated 09.02.2015.

5. We have seen the affidavit filed by the Chief Secretary, Government of Gujarat. He submits in his affidavit that there was some lack of communication. However, he has tendered apology and has also stated that all the relevant files have been handed over to the CBI. This is also affirmed by the learned counsel appearing for the CBI.

6. Under the circumstances, no further orders are required to be passed on this affidavit.

7. Learned counsel appearing for the CBI submits that in terms of our order dated 08.12.2014, adequate space is now being provided to the Special Public Prosecutor by the District Judge, Patiala House Courts.

8. The CBI and the Directorate of Enforcement have filed the progress reports.

9. List these matters with the progress reports filed by the CBI and the Directorate of Enforcement on 23^rd February, 2015 at 2.00 p.m.

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