- (1.) WHILE the petitioner was posted as Director General of Police, Jharkhand, Ranchi, he and one Rajiv Kumar, the then Additional Director General of Police, utilized a sum of Rs. 5.6 crores and 2.5 crores respectively of the Secret Service Fund. After three years, some newspapers reported in the year 2009 that there had been misuse of Secret Service Fund. On such reports, two cases of the nature of Public Interest Litigations bearing W.P. (PIL) No. 3439 of 2009 (Rajiv Kumar vs. Union of India and Others) and W.P. (PIL) No. 3975 of 2009 (Ram Subhag Singh vs. State of Jharkhand and Others) were filed in this Court on 23.7.2009 and 24.7.2009 respectively with the prayers, inter alia, to direct the C.B.I. or any other independent agency to conduct an inquiry/investigation into the matter of withdrawal of huge amount from said Secret Service Fund.
(2.) IN those cases, counter affidavits were filed on behalf of the State Government, wherein it was stated that in view of the non -availability of vouchers and relevant registers, it would be difficult for the Investigating Agency of the, State to hold inquiry/investigation but said inquiry/investigation can be undertaken by the C.B.I. Thus, it was stated that the State shall have no objection if the matter is handed over to the C.B.I. for inquiry by this Court. On such assertion, the case was disposed of on 28.8.2010 observing that the petitioner has no objection if appropriate action is taken at the hands of the State Government. Thereafter, in response to certain D.O. letters relating to the drawl of the amount from the Secret Service Fund, the then Home Secretary, Government of India, wrote a letter on 16.9.2010 to the then Chief Secretary, Government of Jharkhand, intimating therein that the consent of the State Government in terms of Section 6 of the Delhi Special Police Establishment Act, 1946 is required for conducting an inquiry/investigation by the C.B.I.
(3.) SUBSEQUENT to that, one writ application bearing W.P.(C) No. 292 of 2010 was filed before the Hon'ble Supreme Court, wherein prayer was made for in -depth inquiry by the C.B.I. into utilization of the Secret Service Fund by the police authorities of each State including the State of Jharkhand. The said writ application was dismissed by holding that there is no statutory provision to institute the' C.B.I. inquiry in the matter of drawl of the Secret Service Fund.;