TMI Blog2020 (1) TMI 1460X X X X Extracts X X X X X X X X Extracts X X X X ..... offence for misuse of public funds of such enormous proportion. Public office cannot be a place for acquiring personal gain. Probity in public life is of great importance. Corruption is an enemy of nation and tracking down corrupt public servant, howsoever high he may be, and punishing such person is a necessary mandate under the Prevention of Corruption Act, 1988 and the Indian Penal Code. The public officers arrayed as the respondents No.15 to 26 are high ranked officers and it seems to be the precise reason why the respondent State is reluctant to investigate the crime to find out as to whether any criminal offence has been committed or not, however, when startling and disturbing facts have been brought to our notice with, prima facie, proof, this Court cannot shun its constitutional duty and be a mute spectator to condone such lapses, if it is eventually find out in a fair and independent investigation - The respondent officers being high ranked, there is apprehension that the investigation may be influenced, it is directed that the matter be investigated by the CBI in a fair and independent manner. Petition disposed off. - WPPIL No. 53 of 2018 - - - Dated:- 30-1-2020 - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rported payment of salary, but neither the petitioner nor any other like persons throughout the State were ever paid salary for working with the PRRC. The entire set up of the SRC and PRRC is running only on papers without there being any visible tangible activity at any such center. There was no recruitment process through advertisement or otherwise nor any hospital for disabled is established nor any employees were ever appointed, but such persons are shown to be employed and working with the SRC/PRRC only for showing payment of salary to them. Despite the Bank Accounts of the employees throughout the State having been linked through their respective Aadhar Cards such fake employees are shown to be paid in cash, only on papers in a planned and organized manner just to siphon hundreds of crores of rupees. In course of arguments, Shri Devershi Thakur, learned counsel appearing for the petitioner, has stated that the total embezzled amount would be more than ₹ 630.00 crores. 5. It is stated in the writ petition that the petitioner is shown in the list of employees who are paid in cash through the society as if the Government is not well equipped to transfer salary to its em ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... LAB; petitioner-Kundan Singh Thakur is working at Swawelamban Center; and Stuti is working in a private school, but all these persons are shown to be employed at the PRRC and shown payment of salary in cash which has never been paid to them. The manner in which the amount is released and thereafter it reaches to the PRRC is mentioned in para 8.12 of the writ petition. When the petitioner sought information under the provisions of the Right to Information Act and made representations he has been threatened with dire consequences. 9. It is argued by Shri Devershi Thakur, learned counsel appearing for the petitioner, that lacs of amount at an average of ₹ 35.00 to ₹ 40.00 lacs per month has been released for each district. Thus, for each district the annual amount would be about ₹ 4.0 crores (approx.). If this is multiplied for all the revenue districts of the State of Chhattisgarh the yearly figure comes to more than ₹ 100.00 crores (approx.). It can be very well imagined that for the last 10 years the total embezzled amount may cross ₹ 1000.00 crores (approx.). 10. The documents filed with the petition shows budgetary provision and release of amou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thorities are trying to hush up and cover up the entire issue so that the high rank officials are saved. 14. Learned counsel appearing for the State, per contra, would submit that the matter has been enquired and remedial measures to be taken are in the pipeline. 15. In order to appreciate as to whether the facts brought before this Court alleging rampant misuse or misappropriation or embezzlement of public money needs to be investigated by the CBI or an independent agency, we deem it appropriate to refer to the observations made by the Supreme Court in its decisions dealing with the prayer made for conduct of enquiry by the CBI. 16. In the celebrated case of Vineet Narain and Others v Union of India and Another (1998) 1 SCC 226, the Supreme Court held thus in paras 55 56 : 55. These principles of public life are of general application in every democracy and one is expected to bear them in mind while scrutinising the conduct of every holder of a public office. It is trite that the holders of public offices are entrusted with certain powers to be exercised in public interest alone and, therefore, the office is held by them in trust for the people. Any deviation from th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r(2014) 8 SCC 682 the Supreme Court has observed that office of public power cannot be the workshop of personal gain. A person howsoever high he may be, the law is above him. This signature tune in Vineet Narain (supra) was reiterated in this matter and adding further it was observed that corruption is an enemy of nation and tracking down corrupt public servant, howsoever high he may be, and punishing such person is a necessary mandate under the PC Act, 1988. The status or position of public servant does not qualify such public servant from exemption from equal treatment. The decision-making power does not segregate corrupt officers into two classes as they are common crimedoers and have to be tracked down by the same process of inquiry and investigation. The Supreme Court also observed that corruption corrodes the moral fabric of the society and corruption by public servants not only leads to corrosion of the moral fabric of the society but is also harmful to the national economy and national interest, as the persons occupying high posts in the Government by misusing their power due to corruption can cause considerable damage to the national economy, national interest and image o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erning factor. 25. We may further elucidate. The power to order fresh, de novo or reinvestigation being vested with the constitutional courts, the commencement of a trial and examination of some witnesses cannot be an absolute impediment for exercising the said constitutional power which is meant to ensure a fair and just investigation. It can never be forgotten that as the great ocean has only one test, the test of salt, so does justice has one flavour, the flavour of answering to the distress of the people without any discrimination. We may hasten to add that the democratic set-up has the potentiality of ruination if a citizen feels, the truth uttered by a poor man is seldom listened to. Not for nothing it has been said that sun rises and sun sets, light and darkness, winter and spring come and go, even the course of time is playful but truth remains and sparkles when justice is done. It is the bounden duty of a court of law to uphold the truth and truth means absence of deceit, absence of fraud and in a criminal investigation a real and fair investigation, not an investigation that reveals itself as a sham one. It is not acceptable. It has to be kept uppermost in mind that im ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rs arrayed as the respondents No.15 to 26 are high ranked officers and it seems to be the precise reason why the respondent State is reluctant to investigate the crime to find out as to whether any criminal offence has been committed or not, however, when startling and disturbing facts have been brought to our notice with, prima facie, proof, this Court cannot shun its constitutional duty and be a mute spectator to condone such lapses, if it is eventually find out in a fair and independent investigation. 23. The respondent officers being high ranked, there is apprehension that the investigation may be influenced, therefore, having considered the law laid down and the observations made by the Supreme Court in the facts and circumstances of the case, we direct that the matter be investigated by the CBI in a fair and independent manner. 24. In the result, we dispose of the instant writ petition with the following directions : a) The CBI shall register an FIR within a period of one week from today. b) The CBI shall seize the relevant original records from the concerned department, organization and offices throughout the State within 15 days from the date of registration of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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