(1.)(SLP(C) Nos. 6126-27/2001):
(2.)These two appeals arise out of an order made by the High Court of Judicature at Allahabad dated 16-3-2001 in Civil Misc. W.P. Nos. 24759 and 28512 of 1999. The original writ petitioner had filed a number of writ petitions challenging the various actions taken by the Department against him. In the said writ petitions he had made very serious allegations against Sri Markandey Chand who was then the Minister for Minor Irrigation and Rural Engineering Services in the Government of U.P. It is seen from the record that the said Minister had filed a counter-affidavit denying the allegations levelled against him. In the said writ petitions, originally the High Court had passed certain interim orders staying the action initiated by the Department against which the Department had filed SLPs before this Court which challenge was allowed and this Court as per its order dated 3-4-2000 while directing the parties to maintain status quo as on the date of the said order, requested the High Court to hear and dispose of all the writ petitions within a period of 6 months from that date. After the said order of this Court, the High Court by its impugned order held that it was necessary to inquire into the allegations made against the said Minister. It directed the Central Bureau of Investigation (CBI) at Delhi to hold an inquiry into the allegations made against the said Minister (respondent No.2) as early as possible, preferably within 4 months from the date of the production of the certified copy of the impugned order.
(3.)It is this order that is challenged in these appeals. Mr. Mukul Rohtagi, learned Additional Solicitor General, contended before us that the High Court could not have directed an inquiry by the CBI against the Minister concerned without coming to a conclusion that there was a prima facie case to hold such an inquiry which conclusion according to him ought to be based on the material on record which obviously means the allegations made in the writ petition as also the denial of the Minister concerned should also be taken into consideration. In support of his argument, he has placed strong reliance on the judgment of this Court in Common Cause, a Registered Society v. Union of India and Ors. (1999 (6) SCC 667). Mr. G.L. Sanghi, learned Senior Counsel appearing for the concerned Minister, has supported the above argument and has contended that there is not even an iota of truth in the allegations made against the Minister, hence, the High Court could not have directed an inquiry.