SC asks Uttarakhand govt to conclude inquiry against IFoS officer tells Centre to grant sanction to prosecute him for graft

New Delhi, Sep 17 (PTI) The Supreme Court on Wednesday directed the Uttarakhand government to conclude within three months a departmental inquiry against an IFoS officer accused of corruption and asked the Centre to grant sanction to prosecute him under graft charges.
    A bench comprising Chief Justice B R Gavai and Justice K Vinod Chandran also asked the state why "special treatment" was given to the officer named Rahul after finding out that he was given a special posting despite adverse observations by the CEC (Central Empowered Committee).
    Solicitor General Tushar Mehta appeared for the authorities.
    During the hearing, the bench noted that the state government had granted sanction for prosecution of all officials except Rahul.
    "Today it is informed that the state has granted sanction for prosecution against the said official. It is submitted that in so far as sanction under Section 19 the Prevention of Corruption Act is considered... The state says it is forwarded to the central government.
    "We accept the stand of the state government. We direct the Uttarakhand government to conclude departmental enquiry against the said officer expeditiously and within three months and the Centre to grant sanction for prosecution under the PC Act and take the decision within one month," the CJI ordered.
    The bench was hearing a matter concerning the appointment of Rahul, a former director of the Corbett Tiger Reserve, as the director of the Rajaji Tiger Reserve.
    Heads of governments cannot be expected to be "old days' kings" and we are not in a "feudal era", the bench had said, questioning Uttarakhand Chief Minister Pushkar Singh Dhami for appointing the IFS officer as the director of the Rajaji Tiger Reserve, disregarding the opinions of the state's forest minister and others.
     The court had observed that there was a specific noting right from the first officer, which was endorsed by the deputy secretary, the principal secretary and also by the state's forest minister that Rahul should not be posted as the director of the Rajaji Tiger Reserve.
     "There is something like a public trust doctrine in this country. The heads of the executive cannot be expected to be old days' kings that whatever they have said, they will do," the bench had observed, adding, "We are not in a feudal era."
     "Why should the chief minister have special affection for him (the officer)?" the bench asked, adding, "Just because he is the chief minister, can he do anything?"
     It also observed that a departmental proceeding was pending against the officer concerned.
     Pointing out that the noting had said the officer should not be posted at the Rajaji Tiger Reserve, the court said the chief minister "just ignores it".
     "If you disagree right from the desk officer, the deputy secretary, the principal secretary, the minister, then the least that is expected is that there is some application of mind as to why he is disagreeing with the proposal," it said.
     It was alleged that the disciplinary proceeding against the officer was related to the Corbett Tiger Reserve where several officers were served show-cause notices.

(This story has not been edited by THE WEEK and is auto-generated from PTI)