SC Stays HC Order For CBI Probe Into Jharkhand Assembly Appointment Irregularities

Jharkhand Assembly Appointment Irregularities

The Supreme Court on Thursday has stayed a Jharkhand High Court ruling that ordered the Central Bureau of Investigation to investigate alleged irregularities in appointments and promotions within the Jharkhand Legislative Assembly.

A bench comprising Justices B.R. Gavai and K.V. Viswanathan agreed to review the plea filed by the Jharkhand Vidhan Sabha, challenging the High Court’s September 23, 2024, decision.

The petition, filed by advocate Tulika Mukherjee on behalf of the Jharkhand Vidhan Sabha, argued that the High Court erred in directing a CBI probe without clear evidence of criminality or a cognizable offense, especially in a matter involving complex questions of service law. According to the plea, the case lacks grounds for criminal investigation as no FIR was filed, nor is there any evidence suggesting fraud, bribery, or criminal intent.

The plea detailed that recruitment for the Assembly Secretariat began in 2003 to meet administrative needs, following due processes like newspaper advertisements, examination, and interviews. It claims that recruitment and promotions from 2003 to 2007 were conducted transparently, and that allegations of irregularities stemmed from an unverified voice recording submitted to the Speaker, which hinted at irregularities.

In response, a five-member committee was formed in October 2007 to review the recruitment process.

In 2014, the Cabinet Secretariat and Vigilance Department appointed a former Jharkhand High Court judge to investigate the alleged irregularities. The judge’s report, submitted to the governor in 2018, included recommendations on multiple points.

However, the plea notes that the High Court failed to consider that this report was never officially communicated to the state government as required under the Commission of Inquiry Act, 1952.

Following the report, the governor asked the Speaker to take appropriate action, leading to the compulsory retirement of 2 officers in August 2019. Later, in August 2022, the state government requested a new commission to review complex legal and factual issues in the previous commission’s findings. This commission’s report, along with an Action Taken Report (ATR), was then presented to and accepted by the state government’s cabinet before being tabled in the legislative assembly.

The Jharkhand Vidhan Sabha argues that the High Court overlooked the fact that the Assembly Secretariat had already been acting on the report and ATR. The petition contends that the High Court’s order for a CBI probe as the initial investigative step was unwarranted given that there was no indication that the state’s investigative agencies were incapable of handling the case.

The Supreme Court’s stay order temporarily halts the High Court’s directive for a CBI investigation while the plea is under consideration, with further hearings expected to clarify whether the Jharkhand Legislative Assembly’s handling of the alleged irregularities will be deemed sufficient or if a federal probe will proceed.