Case BriefsHigh Courts

Madras High Court: A  Bench of Dr S. Vimala, J. addressed a writ petition in which it was stated that petitioner was charged with corruption and put on suspension for which no order has yet been passed in a period of 9 years.

The petitioner in the present case was working in TANGEDCO and was placed under suspension on charges of corruption. For the said charge, a criminal case was filed but after a lapse of even more than 9 years, no order has been passed by the respondents and the grievance of the petitioner for the said issue is that his suspension is prolonged for which he has made a representation seeking to reinstate him in service.

Learned Counsel for the petitioner Mr Ravi Anantha Padmanaban contended that the prolonged suspension was against the decision of the Supreme Court in Ajay Kumar Choudhary v. Union of India, (2015) 7 SCC 291, which held that:

“Currency of a suspension order should not extend beyond 3 months, if within this period, the memorandum of charges/ charge sheet is not served on the delinquent officer/ employee; if the memorandum of charges/ charge sheet is served, a reasoned order must be passed for the extension of suspension”.

Thus, the High Court on perusal of records and the decision of the Supreme Court placed above held that the order of suspension be revoked and the respondents were directed to reinstate the petitioner in service and post him in any non-sensitive post. The petition was disposed of accordingly. [S.P. Chandrasekar v.  TANGEDCO, 2018 SCC OnLine Mad 3607, Order dated 04-12-2018]

Case BriefsSupreme Court

Supreme Court: The Bench comprising of CJ Ranjan Gogoi and S.K. Kaul and K.M. Joseph, JJ. proceeded with the matter regarding CBI Director Alok Verma and his deputy Special Director Rakesh Asthana in the alleged corruption charges, pursuant to Supreme Court’s order in Alok Kumar Verma v. Union of India, 2018 SCC OnLine SC 2249 in which CVC was directed to file its enquiry report under the supervision of the retired judge of the Supreme Court of India, Justice A.K. Patnaik.

The Bench in the present matter on perusal of the CVC enquiry report stated that a copy of the same should be furnished to the petitioner i.e. Alok Verma in order to preserve and maintain the sanctity of the institution of the CBI and public confidence in the said institution.

Further, the report has been asked to be furnished to the office of Attorney General for India and learned Solicitor General of India representing CVC.

Learned Senior Counsel F.S. Nariman submitted on behalf of Alok Verma that he will be ready with the response to the report of CVC by 19-11-2018. The said response has to be submitted to Secretary-General of this Court on 19-11-2018.

The matter is further listed for consideration on 20-11-2018. [Alok Verma v. Union of India,2018 SCC OnLine SC 2454, Order dated 16-11-2018]

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Supreme Court: The Bench comprising of CJ Ranjan Gogoi and S.K.Kaul, J. addressed the progress in the matter regarding CBI Director Alok Verma and his deputy Special Director Rakesh Asthana in the alleged corruption charges.

The CVC filed its enquiry report of CBI Alok Verma in a sealed cover in the Supreme Court. Interim CBI Director M. Nageswara Rao also filed report on decisions taken by him for the period of 23-10-2018 to 26-10-2018.

Further, it was observed by the Supreme Court that, Registry was open on Sunday but no intimation in that regard was made for the filing of the report, for which Solicitor General Tushar Mehta apologised.

Background:

 Interim directions by the Supreme Court were as follows:

  • Enquiry in regard to the allegations made against the present Director, Central Bureau of Investigation (CBI) Alok Verma shall be completed by the Central Vigilance Commission (CVC) within a period of two weeks.
  • The stated enquiry will be conducted under the supervision of the retired judge of the Supreme Court of India, Justice A.K. Patnaik.
  • M. Nageswara Rao who has been entrusted with the task of looking after the duties of the Director of the CBI shall not take any policy decisions or any major decisions and will perform the routine tasks that are essential to keep the functionality of CBI.

The matter will be considered on Friday, i.e. 16-11-2018. [Common Cause v. Union of India,2018 SCC OnLine SC 2423, Order dated 12-11-2018]