On receiving this charge, the petitioner moved another petition in this Court for taking action against Mr. Shrama and the Government of Rajasthan for companytempt of this Court.
8 of the All India Services Conduct Rules, 1954, because he had companymunicated directly indirectly official documents and information to Government servants other persons to whom he was number authorised to companymunicate such documents information as indicated and detailed in a statement of allegations accompanying the numberice and the charge.
While this petition was pending the State Government served the petitioner with a numberice and a charge sheet to show cause why he should number be proceeded against for breach of Rule No.
In addition, the State Government joins issue on the facts alleged and the merits of the claim for the transfer of the case.
In support of his petition he has referred to many incidents and filed many documents.
prosecution has been sanctioned by the Government of India.
The State Government has opposed the application strenu.
The numberice, the charge and the statement of allegations accompanying them were signed by Mr. Vishnu Dutt Sharma, Special Secretary to Government.
The Judgment of the Court was delivered by Hidayatullah, J. This is a petition under S. 527 of the Code of Criminal Procedure for the transfer of a criminal case No.
7 of 1965.
ORIGINAL JURISDICTION Transfer Petition No.
The petitioner apprehends for reasons to be stated presently that he is number likely to get a fair, just and impartial trial in the State of Rajasthan owing to the hostility and influence of the then Law Minister who was also Minister incharge of Home Department of the State, the Additional Inspector General of Police, Anti Corruption, and the Deputy Inspector General of Police, Ajmer Range, Jaipur.
In December, 1962, he was serving as Superintendent of Police and was selected to be Commandant of 8th Batallion of Rajasthan Armed Constabulary.
ously and has questioned the jurisdiction of this Court to transfer under the powers companyferred on it by s 527 Code of Criminal Procedure a case made over by the Government of the State of Rajasthan for trial to a Special Judge under the Criminal Law Amendment Act, 1952 Act 46 of 1962 .
The State Government has appended to this charge two appendices giving details of 31 and 16 docu ments respectively, which were said to have been so companymunicated by the petitioner to his companynsel Messrs. R. K. Rastogi and D. P. Gupta, Advocates of Jodhpur and others named as number petitioners in a writ petition which he had filed in the High Court of Rajasthan No.
C. Kasliwal, Advocate General for the State of Rajasthan, K. Jain and R. N. Sachthey for the Respondent.
He avers that he took over as Commandant on January 7, 1963 but was placed under suspension the same day and a case was registered on January 12, 1963 which has resulted in the present prosecution against him.
He has sworn an affidavit that he entertains an apprehension that these persons would interfere with the trial of the case in the State of Rajasthan and that a transfer of the case outside the State is in the interest of justice.
Under Section 527 of Criminal Procedure Code .
794 of 1964 and which he subsequently withdrew on December 23, 1964 before taking action to file the present petition.
R. Bhasin, for the petitioner.
