The Supreme Court has paused the Jharkhand High Court’s order for a CBI investigation into supposed irregularities in appointments to the Legislative Assembly.
The Supreme Court has put a hold on the Jharkhand High Court’s decision that ordered the CBI to investigate alleged irregularities in appointments and promotions within the state legislative assembly. Justices B R Gavai and K V Viswanathan agreed to review the appeal from the Jharkhand Vidhan Sabha and others, which contests the High Court’s ruling from September 23, 2024. The appeal, submitted by Advocate Tulika Mukherjee, argues that the High Court made a mistake by directing the CBI to investigate without any evidence of criminal activity or a cognizable offense, especially in a civil matter that involves complex legal and factual questions related to service law.
The appeal states that the High Court wrongly chose the CBI as the primary investigating agency without valid reasons to suggest that the state agency was unfit for the investigation. It emphasizes that there is no FIR or cognizable offense present in this case. The appeal claims there is no evidence of money being exchanged, no proof of fraud, and no criminal activity involved. It also mentions that the Jharkhand Legislative Assembly Secretariat’s Recruitment and Conditions of Service Rule, 2003, was established on March 10, 2003, and that the recruitment process was properly conducted, including advertising in newspapers, issuing admit cards, and holding examinations and interviews before hiring employees.
In the years 2003-2007, appointments and promotions took place. After the recruitment process, some individuals reportedly recorded conversations about irregularities in the appointment process. This unverified recording was turned into a compact disk and presented to the Speaker of the Jharkhand Vidhan Sabha, according to the plea. In October 2007, a five-member committee was formed to investigate the issues related to the unverified recordings.
The committee’s recommendations were submitted to the Speaker of the Jharkhand Vidhan Sabha in August 2008, but two members of the committee disagreed with the findings, as stated in the plea. Later, in July 2014, the Cabinet Secretariat and Vigilance Department appointed a former judge of the Jharkhand High Court to investigate the alleged irregularities in the appointments and promotions within the Jharkhand Assembly. A report was submitted on July 12, 2018, by the commission led by the former judge, which included recommendations on 30 points.
The plea argued that the high court did not recognize that the commission’s report was never shared with the state government as required by the Commission of Inquiry Act, 1952. It also noted that the then Governor, in a letter dated September 10, 2018, asked the then Speaker of the Jharkhand Legislative Assembly to take appropriate action based on the commission’s recommendations. Following this letter, the Speaker approved the compulsory retirement of two officers through notifications on August 26, 2019.
In August 2022, a request was made to the state government to form a new commission to clarify complex legal and factual issues related to the earlier commission’s report. The statement noted that the high court did not recognize that the commission appointed by the government had submitted its findings, which led to the creation of an action taken report (ATR). This report and the ATR were approved by the State Government through the Cabinet and later presented in the House. The plea argued that the high court overlooked the fact that the Vidhan Sabha Secretariat was acting on the report and ATR for implementation. The High Court’s decision was based on a plea concerning alleged irregularities in public employment within the Jharkhand Vidhan Sabha.
