COMMON CAUSE AND ORS. Vs. UNION OF INDIA (UOI) AND ORS.
LAWS(SC)-2014-12-98
SUPREME COURT OF INDIA
Decided on
December 08,2014
Common Cause And Ors.
Appellant
VERSUS
UNION OF INDIA (UOI) AND ORS.
Respondents
JUDGEMENT
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(1.)The Central Bureau of Investigation (CBI) has filed a note on administrative issues.
(1) The first issue relates to the extension of the deputation tenure of Shri Bodh Raj, Inspector and Shri J. R. Katiyar, Inspector. It is stated that their services are required in the CBI but the CISF has expressed its inability in granting an extension of the deputation tenure of these officers.
We are of the opinion that in view of the advance stage of investigations and the requirement of public interest, the extension of deputation tenure of these two officers in the CBI should continue until further orders.
The CISF may be informed accordingly by the Director, CBI of the contents of this order.
(2) The second issue is about the dis-association of a Deputy Superintendent of Police with the CBI.
It is stated that his request for transfer on compassionate grounds may be considered particularly since the assignment entrusted to him has since been completed.
No replacement is required by the CBI.
Accordingly, since the request is reasonable, it is acceded to, as prayed.
(3) The third issue is with regard to the replacement of an officer of the rank of Deputy Superintendent of Police. Having considered the material on record, we are of the view that the request is reasonable and is accordingly acceded to, as prayed.
(4) The last issue is with regard to the replacement of the Additional Legal Advisor who has since retired. We are of the view that the request is reasonable and is accordingly acceded to, as prayed.
This disposes of the administrative issues raised by the CBI.
It is submitted by Mr. Amarendra Saran, learned senior counsel, that the Special Public Prosecutor Mr. R. S. Cheema, Senior Advocate, does not have any adequate space in the Patiala House Courts where the matters are being considered by the Special Judge.
We request the Chief Justice of the High Court of Delhi to take up the matter with the concerned District Judge so that adequate office space is provided to Mr. R. S. Cheema, Senior Advocate and Special Public Prosecutor, so that he is in a position to attend to the matters without any difficulty.
I. A. No. 11 (For impleadment by Tata Steel Ltd.)
(2.)No one appears on behalf of the applicant.
(3.)The application is dismissed.
I. A. No. 12 (For impleadment by M/s OCL Ltd.)
(1) The first issue relates to the extension of the deputation tenure of Shri Bodh Raj, Inspector and Shri J. R. Katiyar, Inspector. It is stated that their services are required in the CBI but the CISF has expressed its inability in granting an extension of the deputation tenure of these officers.
We are of the opinion that in view of the advance stage of investigations and the requirement of public interest, the extension of deputation tenure of these two officers in the CBI should continue until further orders.
The CISF may be informed accordingly by the Director, CBI of the contents of this order.
(2) The second issue is about the dis-association of a Deputy Superintendent of Police with the CBI.
It is stated that his request for transfer on compassionate grounds may be considered particularly since the assignment entrusted to him has since been completed.
No replacement is required by the CBI.
Accordingly, since the request is reasonable, it is acceded to, as prayed.
(3) The third issue is with regard to the replacement of an officer of the rank of Deputy Superintendent of Police. Having considered the material on record, we are of the view that the request is reasonable and is accordingly acceded to, as prayed.
(4) The last issue is with regard to the replacement of the Additional Legal Advisor who has since retired. We are of the view that the request is reasonable and is accordingly acceded to, as prayed.
This disposes of the administrative issues raised by the CBI.
It is submitted by Mr. Amarendra Saran, learned senior counsel, that the Special Public Prosecutor Mr. R. S. Cheema, Senior Advocate, does not have any adequate space in the Patiala House Courts where the matters are being considered by the Special Judge.
We request the Chief Justice of the High Court of Delhi to take up the matter with the concerned District Judge so that adequate office space is provided to Mr. R. S. Cheema, Senior Advocate and Special Public Prosecutor, so that he is in a position to attend to the matters without any difficulty.
I. A. No. 11 (For impleadment by Tata Steel Ltd.)
(2.)No one appears on behalf of the applicant.
(3.)The application is dismissed.
I. A. No. 12 (For impleadment by M/s OCL Ltd.)
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