Arijit Pasayat, J. - (1.) This writ petition is an offshoot of WP (C) No.150/1997. The main grievance in the said writ petition related to alleged irregularities and illegalities committed by respondent No.3 in the present writ petition who is respondent No.7 in the earlier writ petition. It is unnecessary to go into the maze of factual controversies involved in the earlier writ petition and the present writ petition. Challenge is essentially to the appointment of Respondent No.3-Ms Neera Yadav as Chief Secretary of Respondent No.2 i.e. State of Uttar Pradesh. Interim prayer in the I.A. is to stay functioning of Respondent No.3 in the said post.
(2.) It would suffice to note that from 10-1-1994 to 8-11-1995 respondent No.3 was the Chairman and Chief Executive Officer of New Okhla Industrial Development Authority (in short Noida). The then Director of Central Bureau of Investigation (in short the CBI) on 6-12-1995 wrote a letter to the then Cabinet Secretary, Government of India seeking sanction for registering a preliminary inquiry into certain allegations of corruption committed by the Respondent No.3. The request was re-iterated by the then Director of CBI on 16-12-1996.
(3.) It appears that at different stages allegations were looked into by the CBI and one man Commission of Inquiry under a retired Judge of the Allahabad High Court. According to the petitioner, initially the State of U.P. took the stand that on the basis of findings of the Commission of Inquiry, prima facie case was made against respondent No.3 and disciplinary proceedings were intended to be initiated under Rule 8 of the All India Service (Discipline and Appeal) Rules, 1969 (in short the Rules). On 20-1-1998 this Court directed the CBI to conduct investigation in respect of the alleged irregularities. It appears that on 8-11-2001 the respondent No.2-State of U.P. filed an affidavit stating that since the CBI inquiry was under progress into the allegations, it was decided by the State Government to keep the disciplinary proceedings in abeyance till the CBI inquiry was over. Thereafter, the CBI obtained sanction from the Central Government and filed charge sheets before the Special Judge, CBI at Ghaziabad. After the charge sheets were filed respondent No.3 made an application for discharge under the provisions of Code of Criminal Procedure, 1973 (in short Code) which was rejected. The order of rejection has some significance in the present dispute. While rejecting the prayer for discharge, learned Special Judge directed framing of charges. The order rejecting the prayer for discharge is currently under challenge before the Allahabad High Court in Criminal Revision No. 2284 of 2004. It appears from the order passed by the High Court directing stay of further proceedings, that the primary question before it related to absence of sanction in terms of Section 197 of the Code. By order dated 11-1-2005 this Court appointed a Commission under Mr. Justice K.T. Thomas, a retired Judge of this Court to go into various questions relating to allotment of plots as well as into the issue as to why the disciplinary action had been dropped against several respondents in the writ petition No.150/1997 including respondent No.3 who is respondent No.7 in the said writ petition.;