New Delhi: The Supreme Court on Thursday put on hold a judgment of the Jharkhand High Court, directing the CBI to investigate the alleged irregularities in appointments and promotions made in the Legislative Assembly of the state.
The matter came up for hearing before a bench comprising Justices B R Gavai and K V Viswanathan. The bench agreed to examine the plea filed by the Jharkhand Vidhan Sabha and others against the September 23, 2024 judgment of the High Court. The plea has been filed through advocate Tulika Mukherjee. After hearing submissions, the bench stayed the High Court judgment. Senior advocate Kapil Sibal appeared for the Jharkhand government before the bench.
The plea contended that the High Court erred in directing the CBI to enquire into the issue in the absence of any criminality or cognisable offence, that too in a civil matter which involves complicated and pure questions of law and facts with respect to service jurisprudence and others.
The plea contended that in the present case, there is no F.I.R., no cognizable offence which can be made out, there is no proof of exchange of money, there is no proof of giving or taking of money, there is no proof of fraud and no criminality can be made out.
"The present case merely arose upon receipt of unverified voice recording which was converted into a Compact Disk. That the High Court erred in overlooking that a mere allegation against the state authorities is not persuasive enough to establish a right to approach the Hon'ble High Court under Article 226 of the Constitution of India and therefore the Hon’ble High Court erred in directing CBI investigation in the present case," said the plea.
The plea said the High Court erred in directing the CBI to investigate as the first investigating agency in the absence of any cogent and convincing reason that the state-investigating agency is not fit to investigate into the alleged irregularity or illegality.
The plea said the Jharkhand Legislative Assembly Secretariat (Recruitment and Conditions of Service Rule, 2003, came into existence on March 10, 2003.
It said to accomplish the work of the legislative assembly secretariat and the assembly committees, a recruitment process was initiated, and proper steps, including publishing advertisement in newspapers, issuance of admit cards, conducting examination and interviews were taken and only thereafter employees were recruited.
"Accordingly, appointments and promotions were made in the year 2003-2007. After the completion of the recruitment process, some persons allegedly recorded a few people talking about irregularities committed in the appointment process. This unverified voice recording was converted into a compact disk and submitted before the Speaker, Jharkhand Vidhan Sabha," the plea said.
