Nirmal Singh Kahlon vs State Of Punjab & Ors

2. Nirmal Singh Kahlon, Appellant in appeals arising out of SLP (C) Nos. 24777-24778 of 2005 was the Rural Development and Panchayats Minister in the Government of Punjab while the three appellants in appeals arising out of SLP (C)Nos. 25226-25227 of 2005 were working as Deputy Directors in the Department of Rural Development and Panchayats, Government of Punjab at the relevant time.

6. Two more advertisements were issued; first on 17/18th September, 1996 for filling up 700 posts and second on 14th October, 1996 for filling up 800 posts of Panchayat Secretaries respectively.

Another advertisement was issued on 19th September, 1998 inviting applications from the female candidates also for the post of Panchayat Secretaries.

7. In or about March, 2002 a change in the State Government took place. The Congress Party came into power after election. The new Government made an attempt to reinstate the Panchayat Patwaris whose services had been terminated by the previous Government pursuant to the orders of the High Court.

9. In terms of the said order an enquiry was made by one Shri P. Ram, the then Financial Commissioner, Rural Development and Panchayat Department. He was of the opinion that the entire selection process was 5 required to be set aside. A recommendation was made that an investigation into the whole affair be made by the Vigilance Department. 10 Pursuant thereto a first information report was lodged by the Vigilance Department on 14th June, 2002 against several persons including appellant, Nirmal Singh Kahlon, for alleged commission of offences under Sections 420, 467, 468, 120(B) of the Indian Penal Code and Sections 13(1)

11. A charge sheet was filed against Nirmal Singh Kahlon and J.P. Singla (appellant No. 1 in Civil Appeals arising out of SLP (C) Nos. 25226-25227 of 2005), Ex. Deputy Director of Rural Development and Panchayats. Appellant Nos. 2 and 3 in Civil Appeals arising out of SLP (C) 25226- 25227 of 2005 were shown as the witnesses in the said report.

Selection of the candidates, however, was cancelled by State Government by its order dated 10th December, 2002.

16. The Central Bureau of Investigation, however, expressed its inability to take up investigation opining that the same may be conducted by the State Vigilance Department. One of the grounds on which the said stand was taken was lack of man power as also infra structure.

51. We may also notice that in H.N. Rishbud and Inder Singh v. The State of Delhi [1955 (1) SCR 1150] the appellant Rishbud was an Assistant Development Officer and another appellant Inder Singh was the Assistant Project Section Officer. A number of criminal proceedings were pending against them. The cases against them were that they along with some others entered into criminal conspiracies to obtain for themselves or for others iron and steel materials in the name of certain bogus firms and that they actually obtained quota certificates, on the strength of which some of the members of the conspiracy took delivery of quantities of iron and steel from the stock-holders of those articles. They were prosecuted under Sections 120B and 420 of the Indian Penal Code and Section 7 of the Essential Supplies (Temporary Powers) Act, 1947. The public servants were also charged with Section 5(2) of the Prevention of Corruption Act, 1947.

12 Accordingly, we hope and trust that the Central Bureau of Investigation will do its best to investigate and book the real culprits. We respect that Central Bureau of Investigation will do its investigation within a reasonable time though we appreciate the limited resources, which it is having. We are sure that if the Director of Central Bureau of Investigation moves the Government of India to provide more funds and/or offices, it will consider the request, if so made, objectively and suitable decision will be taken by the Government of India."

61. Contention raised that the investigating officer appointed by the CBI would not be a superior officer in rank to the police officer of the State Government in terms of Section 36 of the Code of Criminal Procedure may not detain us in view of our findings aforementioned.

64. For the reasons aforementioned, we do not find any merit in these appeals.

We would, however, in exercise of our jurisdiction under Article 142 of the Constitution of India, like to issue some directions.

In view of the fact that a chargesheet has been filed on the basis of the first FIR and it is stated that two witnesses had also been examined, we would direct the learned Trial Judge to segregate that portion of the trial which has any bearing with the scam relating to the appointment of the Panchayat Secretaries. Appellants, in the other appeals, who had been cited as witnesses therein should not be allowed to be examined except with their consent. All the materials collected by the investigating officer pertaining to the said scam shall be transferred to the Court of Sub-Judge dealing with the CBI matters forthwith so as to enable it to hear that part of the case either independently or together with the chargesheet which may be submitted by the CBI before it. These directions are issued for doing 49 complete justice to the parties and in terms of the decision of this Court in Divine Retreat Centre v. State of Kerala and Others [(2008) 3 SCC 542], whereupon Mr. Rao himself placed strong reliance.

65. As the investigation is complete, the CBI may file chargesheet before a court having appropriate jurisdiction.

66. The appeals are dismissed with aforementioned directions.

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