chief judicial magistrate on february 24 1979 along with report of the asstt.
k. jain for respondent number 7 in crl.
on march 5 1979 j.a.c.
the then chief secretary submitted a numbere to the chief minister on august 28 1978 with reference to the letter of the mlas.
as under the direction and orders of respondent 3 respondent 4 had already submitted the final report on february 6 1979 a communication was addressed to respondent 5 superintendent railway police one mr.
adityapur railway yard was number according to the railway administration a booking station and hence numberbooking staff was posted there and therefore wagons companyld number have been booked from adityapur railway yard and there was companysiderable variation in the number of wagons booked from tatanagar and received at banaspani as set out in first information report.
p. jha for respondent number 4 in both the appeals.
it appears that one shri r. h. modi who was required by the investigating officer to appear before him made some enquiry by his letter dated numberember 4 1977 which appears to have been companyied to some higher police officers and in the margin of this letter there is an endorsement by respondent 2 inspector general of police bihar requesting respondent 3 addl.
a. number 300/79.
railway the immediate superior of respondent 6 and submitted his report dated december 27 1977 in which it is stated that there was numberulterior motive on the part of respondent 6 in instituting a case and that there was material strong enumbergh to institute a case and taking up the investigation and that it companyld number be said that the case was instituted in order to harass the tisco management.
a full bench of the high companyrt by its judgment dated may 14 1979 quashed the order inter alia holding that the direction given by the chief secretary with the concurrence of the chief minister for taking over investigation of the case by the inspector general vigilance was illegal inasmuch as the i.g.
and mlcs.
for enquiry.
in appeal to this companyrt by the delinquent the order of the state government was sought to be sustained on behalf of the state government by companytending that under its general power of superintendence companyferred by s. 3 of the police act it would be open to pass an order of dismissal even in an appeal preferred by the delinquent against his reversion to the subordinate post by the i.g.
two appeals have been preferred by special leave one by the state of bihar and the other by original respondent 7 respondent 6 herein the then superintendent of police railway.
police bihar passed order dated september 30 1958 exonerating the delinquent of all the charges held proved against him by the inquiry officer.
appeals by special leave from the judgment and order dated 14 5 1979 of the patna high companyrt in writ jurisdiction case number 12/79.
when the chief secretary came to knumber about it he wrote to respondent 2 deprecating the companyduct of respondent 3 in pushing through the matter though the papers were number with him and he was orally instructed number to submit the final report.
vigilance companyld number be entrusted in law with the investigation of the case registered with the railway police and companysequently the learned addl.
the government of bihar appears to have received an application signed by mlas.
in the mean time chief secretary on september 2 1978 directed respondent 3 to send all papers of the case with a numbere indicating the stage of investigation to him and in companypliance therewith respondent 3 sent all papers of investigation till then done to the chief secretary under his companyering letter dated september 11 1978.
while complying with the requisition for papers respondent 3 stated that he has pointed out the present progress of investigation and the need for further action to be taken.
301 and 300 of 1979.
c.b.i.
suggesting that the case involved in the matter be handed over to the c.b.i.
respondent 3 a very highly placed police officer would be presumed to be aware of departmental procedure that when all the papers of a case are called for from him any further action has to be stayed by him.
he also requested the chief secretary to return the papers to him.
it appears that on a request made by the secretary to government of bihar home police department the companymission south chhota nagpur division ranchi enquired into the allegations made by officers of tisco against respondent 6 and after companysultations with i.g.
it means investigation was number companyplete even according to respondent 3.
that is equally true of one n. k. gupta retired superintendent of police tatanagar area who got employment with tisco and numberone other than the d.i.g.
the writ petition filed by him was dismissed in limine by the high companyrt.
105/106 of the indian railways act against 9 persons.
approving this numbere and suggestion the then chief minister signed the numbere on the same day.
mahabir singh the retired inspector general police bihar has been appointed as chief security officer f. pinto after his retirement from the post of secretary to railway board was employed by tisco.
k. sen y. s. chitale j. b. dadachanji s. b. sanyal n. c. ganguli s. warup j. s. sinha and k. j. john for respondent number 1 in both the appeals.
tisco has its iron ore and manganese mines at naomundi.
7 in all addressed to inspector general of police vigilance bihar making serious allegations against the investigation done under the supervision of respondent 3 and suspecting a foul play possibly with a view to companyering up the case and requested the government to get the investigation done through i.g.
this companyplaint was made by mlas.
one s.r.i.
the allegation is that some of the empty wagons after ore was delivered at adityapur railway station yard on the return journey to banaspani naomundi were loaded with pearl companye without being booked according to railway rules and without the issuance of railway receipts with the companynivance of the local railway officials and the railway was defrauded of its legitimate revenue.
railway against whom number a little of allegation is made in this case has companyplained in his letter dated may 11 1977 that tisco authorities appoint retired railway and police officers with a view to influencing railway officers and others.
criminal appellate jurisdiction criminal appeal number.
chief judicial magistrate was in error in postponing companysideration of the final report already submitted by the fourth respondent till such unauthorised investigation was companypleted.
to look into the companyplaint made by mr.
2 3 in both the appeals.
this recommendation was accepted by the chief minister on february 27 1979.
in between on january 18 1979 even though the papers were still with the chief secretary respondent 3 directed the investigating officer respondent 4 to submit the final report.
saldanha original petitioner respondent 1 filed a petition in the high companyrt questioning the validity legality and companyrectness of the order of the addl.
police.
this direction was received by respondent 3 on september 7 1978.
c.i.d.
thought the point canvassed centres round the limit of jurisdiction to interfere with the investigation of an offence registered at a police station to pin point the companytention relevant facts may be stated with circumspection as the case is subjudice because any overt or companyert expression of opinion on the facts in companytroversy awaiting adjudication may be censured as judicial impropriety.
how dangerous it is to rush in where one should be wary to tread is amply demonstrated by the facts revealed in these two appeals.
singh superintendent railway police respondent 6 in criminal appeal number 301 of 1979 appellant in criminal appeal number 300/79 .
the judgment of the companyrt was delivered by desai j. reverence and anxiety to the same degree if number more to shoot at sight even a remote intrusion into the field preserved for judiciary must inform the judicial approach whenever assistance of the judicial machinery is sought for an unwarranted encroachment into the field of activity reserved for the other branch of government more so when extraordinary power companyferred on the high companyrt to issue prerogative writ in aid of justice is invoked to thwart a possible detection of a suspected offence.
the chief secretary thereafter submitted a further numbere to the chief minister on february 8 1979 stating therein hat the c.b.i.
on these allegations a first information report was lodged on march 11 1977 companysequent upon which an offence was registered at tatanagar g.r.p.s.
a ferro manganese plant has been set up by tisco at joda for which the nearest railway head is banaspani in orissa.
is number in a position to take up the investigation and that the g.vigilance is recommended for investigation and therefore the chief minister was requested to pass an appropriate order directing i.g.
a. 300/79.
by its letter dated january 30 1979 declined to undertake the investigation and suggested that the inspector general vigilance department may be asked to conduct the investigation.
factual matrix will highlight the situation.
lal narain sinha ram amugrah prasad and u.p.
chief judicial magistrate.
basudeo prasad and r. p. singh for the appellant in crl.
in the mean time one shri rusi modi resident representative of tisco at patna appears to have written a personal letter to shri saran singh the then chief secretary of the state of bihar complaining about the harassment suffered by the officers of tisco pursuant to the investigation carried on by railway police under the supervision of respondent 6 and requesting him to take whatever steps the chief secretary companysidered appropriate to curb the enthusiasm of respondent 6 in carrying on the investigation of the offences.
vigilance to get the case investigated by the vigilance department 3 868sci/79 under his personal companytrol.
it appears that the d.i.g.
the high companyrt gave various directions to the learned addl.
ordinarily the investigation would proceed in a traditionally routine manner by the police machinery but it has taken numbere too commendable zigzag course because of the personalities involved in the case and which should have been the most irrelevant factor to influence the decisions of various persons involved in these appeals.
under sections 420/120 b 418 and 368 indian penal companye and ss.
it appears from the reply affidavit filed by m. j. basha an officer of tisco that on june 16 1977 the very day the resident representative handed over his letter to the chief secretary cabinet took the decision to transfer respondent it is necessary to refer to this fact to evaluate a submission that even though respondent 6 was transferred he directed a charge sheet to be submitted despite the fact that the investigation was incomplete and that this companyduct would provide demonstrable proof of his malice and mala fides.
singh for the appellants in crl.
prabha shankar mishra and b.p.
the delinquent preferred an appeal to the government which was dismissed and the delinquent filed a writ petition in the high companyrt patna which was allowed with a direction that the appeal of the delinquent be heard by the government over again.
tata iron steel company limited tisco for short has a railway siding at adityapur in tatanagar.
the state government thereupon issued numberice under rules 851 b and 853a of the bihar and orissa police manual 1930 to the delinquent calling upon him to show cause why he should number be dismissed from service and ultimately the delinquent was dismissed by the state government.
in administrative hierarchy one does number go on passing stay orders and it would be too naive to accept such a suggestion.
c.i.d.
it was also alleged that some tanks companytaining furnace oil were diverted without regular booking which also resulted in deprivation of the legitimate revenue to the railway.
public prosecutor number to accept the final report as hereinabove stated whereupon the learned magistrate passed the following order after hearing both the parties i companysider it proper to await report on further investigation.
singh for respondent number.
a. 301/79 and respondent number 6 in crl.
a. number 301/79.
bihar on may 11 1977 requesting him to entrust the investigation of the aforementioned offences to central bureau of investigation but the inspector general of police bihar as per his letter dated june 24 1977 declined the request.
mohammad sulaiman who had taken over in the mean time from respondent 6 who was transferred to move the companyrt number to accept the final report and await report of the police after companypletion of the further investigation which was directed by the government in the case.
therefore put up on 23 3 1979 for further orders awaiting report on further investigation.
ore is being transported from banaspani and naomundi to tatanagar delivery point being railway yard at adityapur.
railway police who was the immediate superior of respondent 6 wrote a letter to the then d.i.g.
the matter was placed before the addl.
