- (1.) Ia No. 452 An application has been filed on behalf of the Central Bureau of Investigation for modification of this Court's order dated 4-4-2005, M. C. Mehta v. Union of India, 2012 8 SCC 136 inter alia, on the premise that the services of Shri Nirajnayan who was connected with the investigation of an offence, are no longer required.
(2.) In the said application it has categorically been stated that the aforesaid Shri Nirajnayan has been on deputation with CBI for about seven years and in the interest of administration it is necessary to repatriate him to his parent cadre. It is stated that the investigation in the criminal case against the authorities / officers concerned is over. It is also stated that the investigation in the matter of acquisition of assets disproportionate to the known sources of income of the authorities / officers concerned is also over. It may also be placed on record that the CVC has no objection if Shri Nirajnayan is repatriated to his parent cadre. We may also notice that it has been observed in our order dated 25-10-2004, M.C. Mehta v. Union of India, 2007 1 SCC 137 that this Court has not been monitoring the case of disproportionate assets.
(3.) In this view of the matter, we are of the opinion that the prayer made in the application should be allowed and CBI may release Shri Nirajnayan in order to repatriate him to his parent cadre subject to any other or further orders which may be passed by an appropriate court, if any occasion arises therefor. The IA is allowed accordingly.;