The Supreme Court on Thursday stayed the Jharkhand High Court order directing the CBI inquiry into alleged irregularities in appointments and promotions made in the state assembly.
A bench of justices B R Gavai and K V Viswanathan stayed the Jharkhand High Court order and agreed to examine the petition filed by the state Vidhan Sabha.
Senior Advocate Kapil Sibal represented the Jharkhand Vidhan Sabha. In the plea filed through advocate Tulika Mukherjee, Jharkhand Vidhan Sabha has challenged the High Court order dated September 23, whereby it directed the CBI to enquire into alleged irregularity/ illegality of appointments and promotion made in Jharkhand Vidhan Sabha.
The petitioner submitted that HC has erred in the passing direction and it is untenable in the eyes of law.
“The High Court of Jharkhand at Ranchi vide the impugned Final Judgement and Order dated 23.09.2024 has erred in directing the Central Bureau of Investigation to enquire into irregularity/ illegality of appointments made in Jharkhand Vidhan Sabha, in the absence of any criminality or cognizable offence, that too in a Civil Matter which involves complicated and pure questions of law and facts, with respect to service jurisprudence such as terms of advertisement, eligibility criteria etc, the validity of the rule and the action is taken thereon and continuance of the employees for a pretty long period, Rule 2(ka) of Jharkhand Vidhan Sabha Sachivalaya (Recruitment and Condition of Services Niyamavali, 2003),” the petition said.
The petition further submitted that HC has erred in directing the Central Bureau of Investigation without recording reasons for deeming the State Investigation unfair or impartial, and contrary to the most recent judgement of the Supreme Court in the case of State of West Bengal vs. Jashimuddin Mondal & others.
“The State Government rightly constituted the Second One-Man Judicial Commission to examine and scrutinize the report of First One Man Judicial Commission, considering the fact that the First One Man Judicial Commission Report dated 12.07.2018 was non-est in the eyes of law,” the petition said.
The petitioner said that the decision of the Jharkhand High Court is incorrect, wrong and against the settled principles of natural justice and hence deserves to be set aside.
