Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Prevention of Corruption Act 1988 - ss. 13(1 )(d) and 13(2) - Penal Code 1860 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Prevention of Corruption Act, 1988 - ss. 13(1 )(d) and 13(2) - Penal Code, 1860 - ss.420, 465, 466, 467, 471, 477A, 201, 109 and 1208 - FIR - Legality of - Complaints lodged against Respondent no.1-IAS officer while he was posted in the cadre of Unified Bihar - Inquiry instituted against him by Vigilance Department, Government of Bihar - Unified State of Bihar bifurcated into the State of Bihar and the State of Jharkhand through the Reorganisation Act - Respondent no. 1 allotted! transferred to Jharkhand Cadre - FIR subsequently lodged against him by Vigilance Investigation Bureau, Government of Bihar at Patna - Challenged before High Court - With reference to provisions of the Reorganisation Act, the High Court held that the FIR instituted by State of Bihar, much after the appointed day for bifurcation of the State of Bihar into the State of Bihar and the State of Jharkhand was not maintainable and quashed the FIR - Held: High Court erred in referring to the provisions of the Reorganisation Act and circulars issued by the Central Government for holding the FIR to be not maintainable in the State of Bihar - The FIR was based on inquiry initiated by Vigilance Department of the State of Bihar prior to re-organisation of the States - However, in view of circular dated 20th December, 2000 and by letter dated 1 Oth July, 2001 rlw s. 76 of the Reorganisation Act, such inquiry should have been transferred to Vigilance Department of the State of Jharkhand while the Vigilance Department, Government of Bihar ceased to have jurisdiction to investigateagainst Respondent no. 1 - Respondent no. 1 had challenged inquiry by Vigilance Department, Government of Bihar by. filing a writ petition, and thereafter also filed a contempt petition, which was disposed of by the High Court with a pre- emptory order to dispose of the inquiry within 8 months - But since inquiry against Respondent no. 1 was not completed within stipulated time. as directed by the High Court, the proceedings stood quashed on ground of non-compliance of Court's order - FIR lodged· against Respondent no.1, being based on vigilance inquiry which stood quashed, was not maintainable - Bihar Reorganisation Act, 2000 - ss. 76 and 89. |
Judge | Hon'ble Mr. Justice S.J. Mukhopadhaya |
Neutral Citation | 2014 INSC 481 |
Petitioner | State Of Bihar & Ors. |
Respondent | Ashok Kumar Singh & Ors. |
SCR | [2014] 8 S.C.R. 255 |
Judgement Date | 2014-07-09 |
Case Number | 1615 |
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