- (1.) THIS writ petition has been filed challenging the suspension order passed against the petitioner dated 28.3.2014, contained in Annexure No.2 to the writ petition, along with letter dated 9.1.2014 written by Mr. Nilabh Kishore, Dy. Inspector General of Police, CBI/SPE, Dehradun to the Chief Vigilance Officer, Gas Authority of India Ltd., contained in Annexure No.1 to the writ petition.
(2.) THE petitioner, who happens to be a PCS Officer under the Government of U.P., was sent on deputation as Competent Authority in the Gas Authority of India Ltd. (for short "GAIL") initially for two years and considering the performance of the petitioner, the period of deputation was extended for further two years, which expired on 7.7.2013. During the aforesaid period, the petitioner held additional charge of Competent Authority of HPCL from December, 2012 and on 29.6.2013, he was relieved from GAIL. Thereafter, the petitioner held full charge in HPCL w.e.f. 29.6.2013. While continuing on that post, the petitioner has been placed under suspension by the Government of U.P. vide Government Order dated 28.3.2014. On 9.5.2013, it is alleged that opposite party no.5 -Surjeet went to the office of GAIL for collecting cheques in respect of the compensation of of the land of his father, which was acquired by GAIL and at that moment, one Shashi Kant Pandey in the office of GAIL asked for gratification or bribe of Rs.20,000/ - to be given to the Competent Authority of GAIL and asked him to come with the amount of bribe of Rs.20,000/ - on 27.5.2013. The aforesaid Mr. Surjeet lodged a complaint to the CBI on 24.5.2013 and on his complaint, the incident was verified and reported by S.I. Sachin, Head of Branch CBI/SPE, Dehradun. Thereafter, a first information report was registered on 26.5.2013 against the petitioner and the aforesaid Shashi Kant Pandey working as Clerk in the office of the petitioner.
(3.) THE investigation was completed and charge sheet was filed before the learned Special Judge, Anti Corruption, Dehradun, which took cognizance against Shashi Kant Pandey and directed further investigation. Thereupon, the CBI further investigated the matter and submitted final report on 18.2.2014 with specific averments that there is neither any evidence to prove that the accused Shashi Kant Pandey accepted illegal gratification from the complainant Surjeet on the direction of the petitioner nor any evidence is present to prove that accused Shashi Kant Pandey was to provide any share of illegal gratification to the petitioner. The Special Judge, CBI, Dehradun on 1.3.2014 accepted the aforesaid final report dated 18.2.2014. During pendency of the aforesaid investigation, another FIR dated 26.5.2013 under Section 13 (2) read with Section 13 (1) (e) of the Prevention of Corruption Act was registered by the CBI on another complaint, investigation of which is going on against the petitioner and is still pending. Explanation was sought from the petitioner regarding disproportionate assets, which was recovered during the course of investigation and his explanation was not found to be satisfactory and thereafter, the letter was written by the Dy. Inspector General of Police CBI for suitable action to the Chief Vigilance Officer, GAIL. During the search of bank lockers of the petitioner, a total of 17.77 Kilograms gold and 5.26 Kilograms silver was found in the locker in the name of the petitioner maintained at Govindpur Branch, Punjab National Bank, Allahabad. Apart from that, twelve properties in the name of family members have been purchased by the petitioner after he joined in GAIL. Explanation was sought from the petitioner but he could not give proper explanation and as such, FIR was registered against him. State Government on the basis of the aforesaid FIR, placed the petitioner under suspension.;