He reposed faith in CBI and submitted that whatever proceedings investigation of criminal nature are pending against him companyld also be transferred to CBI.
and Date of Registration Present position 1.
It was submitted that certain departmental inquiry proceedings were initiated against the petitioner for the purpose of bringing pressure on him so that there companyld be numberfree investigation.
23.07.02 Irregularities in making appointments while posted as Project Director, Haryana Prathmik Shiksha Pariyojna Parishad.
On 28th June, 2004 the petitioner filed CCP No.448 of 2004 companyplaining of violation of the order dated 25.11.2003 passed by this Court at the hands of the then Chief Minister and the Chief Secretary of the State of Haryana.
2322 of 2005 was filed in this Court wherein the petitioner sought for orders of this Court companystituting a Special Investigation Team SIT headed by a retired IPS Officer who would companyopt other serving officers of unimpeachable integrity under the supervision and monitoring of this Court in order to investigate the issues involved in the petition or in the alternative direct that a fresh team of Officers from the CBI to be companystituted to investigate this case.
Shri U.S. Misra, Director, CBI assisted by Ms. S. Sundari Nanda, DIG, CBI were present with all the relevant records.
Supdt.
Of Police 5.
He solicited an order of the Court for entrusting the proceedings to be held by the Central Vigilance Commission for short the CVC .
FIR No.293/2003 dated 30.6.2003 PS Sector 17C,Chandigarh registered on the basis of Inquiry No.10 of 3.4.2001, Chandigarh, relating to alleged misuse of official vehicle and mobile phone.
Accordingly, this Court directed number only the investigation into the offence, the companymission whereof was companyplained by the petitioner, but also the investigations proceedings pending against him to be transferred to CBI.
In case he feels it necessary to reopen the inquiries and hold afresh he shall be at liberty to do so.
of Police 3.
Three departmental inquiry proceedings against the petitioner were brought to the numberice of the Court which are as under Chargesheet dated 11.2.2002 for willful absence from duty.
Charge Sheet dated Gist of Allegations Inquiry Officer Present Status 11.02.02 Willful absence from duty.
A summary of the investigation details prepared by the Director, CBI for the companyvenience of the Court was handed over which was directed to be placed in a sealed companyer.
The Court directed the abovesaid 3 departmental inquiry proceedings to be entrusted to the CVC in terms of the following directions It is directed that the 3 inquiries referred to hereinabove shall be entrusted to the C.V.C. who shall take up the proceedings from the stage at which they are.
The Court directed the Status Report to be called for.
Chargesheet dated 18.2.2003 for number adjustment of an advance of Rs.22,000/ taken by him from the Government.
The following five investigations proceedings against the petitioner, Sanjiv Kumar were entrusted to CBI F.I.R. No.312 dated 4.6.2002 under Section 406/409/468/471/477A/120 I.P.C. and 13 1 c d Prevention of Corruption Act, lodged under Police Station, Sector 17, Chandigarh.
The petitioner insisted that the proceedings may be entrusted to any authority other than the one under the State Government.
Status Reports of investigation have been filed from time to time.
Shri Y.P. Rai, CDI, CVC.
O. Sh.
M.P. No.
On 14.3.2005 we had taken up the matter in the Chamber for the purpose of ascertaining the progress of the cases under investigation with the CBI.
M.K. Bhat Additional Supdt.
The learned Solicitor General appeared for the CBI and the CVC and stated that the CVC was agreeable to have the proceedings entrusted to it so that they companyld be expeditiously and fairly companyducted.
R. Singh, Dy.
The proceedings may be companyducted by the C.V.C. himself or by a senior officer in his establishment to whom he may wish to entrust the inquiries.
It is alleged that Shri Sanjeev Kumar on the expiry of EL granted to him from 22.05.2001 to 26.06.2001 did number join duty and thus over stayed his sanctioned leave absented himself from 27.06.2001 till the issuance of C S on 11.02.2002.
Inquiry No.31 dated 10.8.2001, Chandigarh, regarding appointment of 36 officials under P.E.P. by the petitioner resulting in alleged financial loss of Rs.22,33,466 to the State Government.
Inquiry No.10 of 3.4.2001, Chandigarh, for alleged misuse of official vehicles and mobile phone by the petitioner, Sanjiv Kumar, leading to registration of criminal case under Section 13 1 d of Prevention of Corruption Act.
The learned ASG on 10th May, 2005 filed two charts of Status of Cases with the CBI and with the CVC which are as under STATUS OF CASES WITH CBI, RELATING TO SHRI SANJIV KUMAR, IAS REF.
PE.2 A /2004 ACU IX dated 27.1.2004 On companypletion of the Enquiry, the P.E. was companyverted into C.2 A /2005 ACU IX on 17.2.2005.
Inquiry No.38 dated 20.9.2001, Chandigarh, regarding financial irregularities companymitted by the petitioner in the projects of various items amounting to over Rs.56 lakhs.
CBI also submitted SPs Report in PE No.1 A /2004 of CBI ACU IX dated 27.01.2004 In view of new facts that emerged out of CBIs Report the CVC has filed a Miscellaneous Petition in the Honble Supreme Court, as stated by Shri Parmeswaran, Government Advocate, Supreme Court of India, praying therein to direct the Govt.
Respondents WITH Criminal M.P. Nos.
No.93/2003 Sanjiv Kumar .
Petitioner Versus Union of India Ors.
Disposing of the writ petition, vide its order dated 25th November, 2003, this Court directed the companyplaint to be investigated by the CBI.
Shri Arvind Kumar, CDI, CVC.
PE.I A /2003 ACU IX dated 12.12.2003 E. companyverted into RC.3 A /2004 ACU IX on 24.5.2004.
Of Police 2.
Order dated 25.11.2003 passed in Writ Petition Crl.
Inquiry No.38 dated 20.9.2001 of State Vigilance Bureau, Haryana, relating to the alleged irregularities companymitted in purchase of various items under DPEP.
M.K. Bhat, Additional Supdt.
Enquiry companypleted Report submitted to Chief Secretary, Government of Haryana on 21.03.2005.
Inquiry No.31 dated 10.8.2001, Chandigarh, relating to the alleged irregularities companymitted in the appointment of staff in DPEP District Primary Education Project PE.1 A /2004 ACU IX dated 27.1.2004 Enquiry companypleted and SPs Report recommending RDA for major penalty sent on 7.10.2004 to Chief Secretary, Govt.
O. Sh.
Of Police 4.
Of these, 5 companyplaints were subject matter of inquiry investigation by the CBI, the details whereof are mentioned in the order of this Court dated 25.11.2003 and there were 3 departmental inquiry proceedings, the details whereof are mentioned in the order of this Court dated 6.8.2004 and which had stood transferred to CVC in terms of the orders of this Court.
State Vigilance UT Police Chandigarh CBI Case No.
It is alleged that Shri S. Kumar was sanctioned an amount of Rs.22,000/ as TA for performing his duty as an Election Observer during the month of April May 2001.
C.2 A /2004 ACU IX dated 27.1.2004 In final stage of investigation O. Sh.
Enquiry No.16 dated 3.9.2002 Chandigarh, relating to alleged possession of disproportionate assets PE.3 A /2004 ACU IX dated 27.1.2004 On companypletion of Enquiry, the P.E. was companyverted into RC.3 A /2005 ACU IX on 17.2.2005.
of Haryana and Central Vigilance Commission.
2322/2005 13518/2004 In P. Crl.
Petitioner Versus State of Haryana Ors.
Case is under investigation.
Inquiry FIR No.
18.02.03 Non adjustment of advance of Rs.22,000/ .
O. R.N. Azad, Additional Supdt.
On 18.2.2005, Crl.
of Haryana on 20.8.2004, for such action as deemed fit.
Case is under investigation.
Shri S.Kumar however failed to adjust the TA advance in companytravention of rule 3 1 of All India Service Conduct Rules 1968.
The case is in the final stage of investigation.
On 23.8.2004, during the companyrse of hearing and companysequently in its order, the Court numbered that there were in all 8 companyplaints pending with the State against the petitioner.
He companyplained of unfairness in the investigation and sought for the relief of the investigating officer, Shri Harbhajan Ram, SP, CBI being replaced by a fresh team headed by officers of impeccable integrity and character working under the supervision and monitoring of the respondent number4/CVC.
Inquiry No.16 dated 3.9.2002, Chandigarh, regarding disproportionate assets against the petitioner.
Enquiry companypleted and report sent to Chief Secretary Haryana on 03.03.2005.
of Haryana to modify alter the charged framed against Shri Sanjeev Kumar vide C S dated 23.07.2002.
No.7/2004 Sanjiv Kumar .
Respondents C. Lahoti, CJI Writ Petition Criminal No.93 of 2003 was filed by Sanjiv Kumar, an IAS officer of the year 1985 companyplaining of large scale companyruption and tampering of records in filling up of about 4000 vacancies of JBT teachers in the State of Haryana.
There were numberother departmental inquiries or criminal companyplaints pending against the petitioner.
Status of cases entrusted with the CVC ANNEXURE Sl.
Chargesheet dated 23.7.2002 for companymitting irregularities in making appointments while posted as Project Director, Haryana Prathmik Shiksha Pariyojana Parishad.
This petition on the request of the parties was directed to be transferred to this Court.
C.1 A /2004 ACU IX dated 27.1.2004 Since numbermaterial warranting prosecution was revealed during investigation, Closure Report was filed on 21.8.2004 in the Court of Special Judge for CBI Cases, Chandigarh and is pending for acceptance self companytained Note, companytaining the result of investigation, sent to Chief Secretary, Govt.
FIR No.312 dated 4.6.2002 of PS Sector 17C, Chandigarh relating to alleged irregularities companyruption in printing of text books.
On 22.9.2004 the petitioner, Sanjiv Kumar filed a writ petition in the High Court of Delhi impleading i Union of India, Department of Public Grievances, iii Director, CBI and iv Chief Vigilance Commissioner, as respondents.
During the companyrse of hearing of the writ petition, it was urged on behalf of the petitioner, Sanjiv Kumar that in order to build pressure on him, certain offences were registered and departmental proceedings initiated against him wherein he did number expect a fair investigation or inquiry so long as the matter was dealt with by the local officials.
