SYNOPSIS This Honble Court in a catena of decisions has held that Right to Free and Fair Trail is not

t only an important fundamental right, emanating from Article 2 of the

Constitution, a!ailable to all citi"ens of this country, but also a constitutional imperati!e #hich has to be enforced #ithout e$ceptions% &n order to assure and protect this pre'eminent fundamental right, this Honble Court, in a number of appropriate cases, deemed it necessary to ha!e in!estigations and trial conducted through the speciali"ed agency li(e the C)&% This Honble Court &n R.S. Sodhi v. State of U.P 1994 (Suppl I) SCC 14 obser!ed*
+e ha!e perused the e!ents that ha!e ta(en place since the incidents but #e are refraining from entering upon the details thereof lest it may pre,udice any party but #e thin( that since the accusations are directed against the local police personnel it #ould be desirable to entrust the in!estigation to an independent agency li(e the Central )ureau of &n!estigation so that all concerned including the relati!es of the deceased may feel assured that an independent agency is loo(ing into the matter and that #ould lend the final outcome of the in!estigation credibility% Ho#e!er faithfully the local police may carry out the in!estigation, the same #ill lac( credibility since the allegations are against them% &t is only #ith that in mind that #e ha!ing thought it both ad!isable and desirable as #ell as in the interest of ,ustice, to entrust the in!estigation to the Central )ureau of &n!estigation%

&n ( !1!)

SCC !!- "Ru#a#uddi$ Shei%h & State of

'u(a)at a$d O)*, this Honble Court obser!ed

--%% but on the other hand in order to ma(e sure that ,ustice is not only done, but also is seen to be done and considering the in!ol!ement of the .tate police authorities and particularly the high officials of the .tate of /u,arat, #e are compelled e!en at this stage to direct the C)& Authorities to in!estigate into the matter% .ince the high police officials of the .tate of /u,arat are in!ol!ed and some of them had already been in custody, #e are also of the !ie# that it #ould not be sufficient to instill confidence in the minds of the !ictims as #ell as of the public that still the .tate 0olice Authorities #ould be allo#ed to continue #ith the in!estigation #hen allegations and offences #ere mostly against them% &n the present circumstances and in !ie# of the in!ol!ement of the police officials of the .tate in this crime, #e cannot shut our eyes and direct the .tate 0olice authorities to continue #ith the in!estigation and the charge sheet and for a proper and fair in!estigation, #e also feel that the C)& should be re1uested to ta(e up the in!estigation and submit a report in this Court #ithin si$ months from the date of handing o!er a copy of this ,udgment and the records relating to this crime to them%

&t is most humbly submitted that the la# as laid do#n by this Honble Court in transfer of cases to the C)& #ould s1uarely apply to the facts and circumstances of the present case, #hich star(ly depicts political !ictimi"ation of an upright senior &A. officer of impeccable credentials, at the hands of a pliant administrati!e state machinery headed by a !indicti!e Chief 2inister of the .tate of /u,arat 3 .hri 4arendra 2odi%

)AC5/R6748 A48 &209CCA):9 CR9894T&A:. 6F TH9 09T&T649R H9R9&4 The 0etitioner is an &A. officer belonging to the /u,arat cadre, #ith an unblemished record of outstanding performance throughout his career% He has recei!ed numerous accolades for his #or( including
;i< the Ca!aliers Cross from the 0resident of the Republic of 0oland, for proacti!e international collaboration on ,oint urban infrastructure de!elopment pro,ects in =amnagar, /u,arat, bet#een 2>> and 2>>? #hen the 0etitioner

ser!ed there as the 2unicipal Commissioner% ;ii< The 0etitioner has earned t#o separate 2asters degrees from abroad 3 a 2asters in 8e!elopment 2anagement ; @@>< as an Asian 8e!elopment )an( scholar in 2anila, 0hilippinesA and a second 2asters in 9conomic 0olicy and 0lanning ; @@B< from )oston, 7.A, as #ell as an 9$ecuti!e 8iploma in Rural 8e!elopment 0olicy and 0lanning ; @C@< from the &nstitute of 8e!elopment .tudies at the 7ni!ersity of .usse$ in the 7%5% ;iii< His seminal contribution to rebuilding )hu, city and the rest of 5utch district after the de!astating 2>> earth1ua(e in

that region has been applauded both nationally and internationally, by the +orld )an(, the Asian 8e!elopment )an(, and the ))C as #ell as the domestic media including &ndia Today and &ndian 9$pressA as recently as

this past =anuary 2>

, in a

>'year anni!ersary

documentary entitled /u,arats Astonishing Rise from Rubble of 2>> Dua(e,% ;i!< The 0etitioner has also recei!ed complimentary citations from senior .tate /o!ernment officials on numerous occasions o!er the past ?> years in public ser!ice%

8espite such an impressi!e array of achie!ments and ser!ice record, the 0etitioner is currently languishing in ,ail due to his implication in a number of criminal cases at the behest of the .hri 2odi'led .tate /o!ernment% A perusal of the rele!ant facts #hich has led the Chief 2inister and .tate /o!ernment to implicate and !ictimi"e the present 0etitioner #ill re!eal that it is impossible to hold an impartial in!estigationEtrial as the Chief 2inister himself is personally or directly interested in the outcome of the in!estigations #hich are more in the nature of a #itch'hunt launched against the present 0etitioner%

At the outset, the 0etitioner most respectfully submits that !ide the instant petition he is not see(ing 1uashing of the false cases foisted on him% He is also not see(ing to escape nor circum!ent the legal process and procedure% Ho#e!er it is respectfully submitted that as per the oft repeated legal ma$im 3 =ustice must not only be done but also appear to be done 3 the 0etitioner prays that in !ie# of the contents of the instant

petition and the allegations against the Chief 2inister and the .tate 2achinery, it cannot be held, by any reasonable man, that there #ould not be bias and pre,udice against the 0etitioner herein in the cases fabricated against him by the state machinery and, on this ground alone, the cases currently in!estigateEtried by the .tate 0olice ought to be transferred to the C)&% The persecution personally unleashed by the .tate Chief 2inister, 3 .hri 4arendra 2odi, against the 0etitioner herein is due to t#o ma,or reasons, apart from a host of other supporting factors* '

&%

Firstly, the 0etitioner happens to be the younger brother of 5uldip .harma, a highly'decorated and currently the senior' most &0. officer in the /u,arat state cadre, #ho has unmas(ed many misdeeds of 4arendra 2odi since the 2>>2 /odhra riots and also of his henchman .hri Amit .hah, the e$'Home 2inister of .tate, /u,arat% The t#o siblings ha!e !ery close to each other right from childhood and share !ery strong fraternal bonds%

&&%

.econdly, and more immediately, the 0etitioner is suspected of ha!ing stumbled upon some intimate secrets of 4arendra 2odis illicit escapades #ith a #oman named 2s% 2ansi .oni% .hri 2odi !erily belie!es that this information of his amorous and illicit liaison #ith 2s% .oni, if re!ealed in the public

domain, #ill render incalculable and gra!e damage to his public image and his future political prospects% 2r 2odi suspects that the information regarding his liason #ith 2s .oni #ould be re!ealed in the public domain through the petitioner herein and hence as a pre'empti!e measure sought to incarcerate the petitioner herein implicating him in false cases% The peittoner, faced #ith siustaned nad constant !ictimi"ation is forced to disclose these facts, #hich #ere not re!ealed earlier by him, as he is left nho other option%

&%

F&CT&2&GAT&64 879 T6 TH9 0R6H&2&TI 6F TH9 09T&T649R +&TH H&. )R6TH9R ' .HR& 57:8&0 .HAR2A, &0.*

.hri 5uldip .harma, the brother of the 0etitioner herein is the senior most &0. officer of the .tate of /u,arat, belonging to the @JK batch% He has functioned as Additional 8irector

/eneral of 0olice, C&8 ;Crime< from 2C%B%2>>? to > %C%2>>L% .hri 5uldip .harma, after ta(ing o!er the abo!e post, came across !arious pending cases in #hich .hri 2odi and the then Home 2inister of the .tate .hri% Amit .hah #ere interested% ;a< .6HRA)788&4 CA.9*' 6ne of them #as the .oharabuddin Case #hich is a matter pertaining to death of one .hri .oharabuddin in a fa(e police encounter% &n the said case, the 0etitioners brother appro!ed a report to be sent to this Honble Court% Till that time,

only the file of the preliminary in1uiry conducted by 0olice &nspector, .hri .olan(i of the .tate C&8 ;Crime<, had e$isted, #hich prima facie established the fact that .oharabuddin #as (illed in a fa(e encounter% .hri 4arendra 2odi held a grudge against the 0etitioners brother since he ordered the said interim report to be sent to this Honble Court, #hich ultimately lead to the arrest of his confidante .hri% Amit .hah, causing .hri 4arendra 2odi a tremendous loss of public face and political embarrassment% ;b< 2A::&5A .ARA)HA& CA.9 *' &n yet another incident, an offence #as registered against 2s% 2alli(a .arabhai, #hich pertains to the danseuses plan to ta(e a troop to 7.A and .outh America and the allegation #as that she #as using her organi"ation to ta(e people illegally to 7.A and indulging in human traffic(ing% &t is pertinent to note here that 2s% .arabhai #as also a 0etitioner before this Honble Court in a petition filed against the Chief 2inister and others #ith regard to post'/odhra communal riots in /u,arat during 2>>2% The C&8 ;Crime< too( o!er the case on 2>%@%2>>B% Ho#e!er, in!estigation by the .tate C&8 ;Crime< re!ealed that no offence as alleged could be made out against 2s% .arabhai% 8espite this, .hri Amit .hah, the then 26. ;Home<, at the behest of .hri 2odi, #as bringing pressure to arrest and charge'sheet 2s% .arabhai% Ho#e!er, .hri 5uldip .harma

directed the closure of the case, as it #as baseless% This also angered 2r 2odi% ;c< 5A2:9.H TR&0ATH& 9HT6RT&64 CA.9 *' &n another instance, in a #rit petition filed before the Honble High Court of /u,arat, allegation of e$tortion of money #as made against .hri 5amlesh Tripathi, a close associate and a political ally of .hri Amit .hah, 26. ;Home<, /u,arat% The Honble High Court directed the 8/0 to ha!e the matter in1uired into, #ho, in turn, entrusted the same to the .tate C&8 ;Crime<% After perusal of the case, the 0etitioners brother directed the concerned .uperintendent of 0olice in C&8 ;Crime< to get an offence registered as necessary and appropriate under the la#% &mmense political pressure #as brought on the concerned .0, .hri Anil 0ratham not to do so% 9!entually the complaint came to be registered much against the #ishes of .hri Amit .hah% ;d< 2A8HAF07RA ;22C)< FRA78 CA.9 *' &n yet another serious case, #hen .hri 5uldip .harma #as up in arms against the personal interests of .hri 2odi and .hri Amit .hah upon an in1uiry, in #hich allegations #ere made that Amit .hah had recei!ed an amount of Rs% 2%L crores, through an intermediary .hri /irish 8ani , in the matter of a case about financial fraud in 2adha!pura 2ercantile Co'

operati!e )an( :imited, Ahmedabad, by .hri 5etan 0ari(h #ho #as the prime accused in this offenceA the Rs% 2%L crores #as alleged paid by .hri /irish 8ani to .hri Amit .hah to inter!ene on behalf of .hri 5etan 0ari(h and spare him any legal or criminal action% .hri 5uldip .harma felt that a proper in!estigation #as necessary in the interest of .hri Amit .hah, so as to clear .hri Amit .hahs name of any false allegations of ha!ing ta(e the Rs% 2%L crores of bribe if he #ere indeed not in!ol!ed, and had recommended that since the original in!estigation pertaining to .hri 5etan 0ari(h #as done by C)&, the application le!eling charges against .hri Amit .hah also be sent to C)&% 2ean#hile .hri 5uldip .harma #ent to attend a conference outside the .tate and upon his return he #as informed that he had been transferred from C&8 ;Crime<% ;e< 6TH9R F&48&CT&F9 ACT. *' The 0etitioners brother, .hri 5uldip .harma, too has suffered at the hands of the C2 .hri 2odi% His ACRs for last L years ;2>>?'2>>B to 2>>J'2>>C< #ere do#ngraded by .hri 2odi, #ithout assigning any reasons and in bra"en and direct !iolation of the statutory rules and administrati!e instruction of the 8epartment of 0ersonnel and Training ;8o0T<% The Chief 2inister do#ngraded the ACRs of .hri 5uldip .harma #ith the malafide intention of denying him promotion to the ne$t higher ran( as at least three outstanding ACRs are re1uired out of last

> years to 1ualify for the ne$t promotion% The 0rincipal )ench of the Honble Central Administrati!e Tribunal ;CAT< !ide final order and ,udgment dated >J%>B%2> has set aside the

do#ngrading of the ACRs of .hri 5uldip .harma on grounds of it being arbitrary and illegal% &t is submitted that the 0etitioner has been harassed by the Chief 2inister in order to settle personal scores #ith .hri 5uldip .harma, the brother of the 0etitioner% The .tate machinery is being abused by those at the helm of po#er, primarily .hri 4arendra 2odi and .hri Amit .hah, for their personal !endetta%

&&%

TH9 CH&9F 2&4&.T9R. &::&C&T :&A.64 +&TH 2. 2A4.& .64&* &t #as in bet#een 2>>? to 2>>K that the 0etitioner, in the

capacity of 8istrict Collector of 5utch, commissioned a series of pro,ects to#ard the beautification of )hu, city and o!erall de!elopment of 5utch district% A site #as selected for de!eloping a hill garden in 2>>L, for #hich 2s% 2ansi .oni from )angalore #as selected as the :andscape Architect% The Chief 2inister, .hri 4arendra 2odi, !isited 5utch to inaugurate the hill garden pro,ect upon its completion, and #as at this time introduced to 2s% .oni% Thereafter, 2s% .oni communicated to the 0etitioner her decision to return to )angalore as #ell as

shared her ongoing interaction #ith the Chief 2inister% The fact of the intimacy bet#een .hri 2odi and 2s% .oni #as confirmed #hen the 0etitioner #as in close pro$imity of the t#o and o!erheard their con!ersation during one of the official functions% .ubse1uently, 2s% .oni further re!ealed to the 0etitioner that #hen she called .hri 2odi in his office, he #ould freely interrupt scheduled meetings, #al(ing out of his office on senior officials in order to spea( to her pri!ately% 8uring the second #ee( of 2arch 2>>K at appro$imately L*>> 02, 2s% .oni called the 0etitioner and con!eyed that she had ,ust landed in Ahmedabad city and #as planning to !isit )hu,% .hortly thereafter, #hen the 0etitioner attempted to telephone her, 2s% .onis cell phone #as s#itched off and remained so for the ne$t BC hours% T#o days later at appro$imately *>> A2, 2s% .oni called the 0etitioner and

con!eyed that she #as at the residence of .hri 2odi, and had spent the duration of the pre!ious t#o days at his residence% .ubse1uently, she met the 0etitioner in )hu, and described in detail her stay #ith .hri 2odi% 2s% .oni described that the ne$t day being Holi, many people !isited .hri 2odi for the festi!al and played #ith colour% .hri 2odi attended to them briefly and returned to his 1uarters% &n the meantime, 2s% .oni had de!eloped fe!er and re1uested a physician, but .hri 2odi con!eyed that calling a physician

#as impossible, gi!en the peculiarity of their situation% The follo#ing morning she left for Fadodara in a car sent for by .hri 2odi% &n 4o!ember 2>>C, #hile the 0etitioner #as posted as 2unicipal Commissioner, )ha!nagar, 2s% .oni contacted the 0etitioner to inform him that .hri 2odi had as(ed her to do a pro,ect on Alang .hipyard for #hich she #ould li(e to come to )ha!nagar% .he came to )ha!nagar and, during that time, the 0etitioner obser!ed that she #as constantly in touch #ith .hri 2odi, #ho #as abroad and probably in .outh Africa% .he also con!eyed to the 0etitioner that .hri 2odi had as(ed her about the 0etitioner and #hether the 0etitioner (ne# about her intimate relationship #ith .hri 2odi% &n one con!ersation, 2s% .oni sho#ed the 0etitioner a te$t message that the Chief 2inister had sent to her from abroad% The 0etitioner made a note of the cell phone number from #hich it had originated% The number #as @@>@@2?B>>% &t is submitted that the 0etitioner had t#o cell phones at the time, #ith 4os% @@2L @@J@@ and @C2B> > J2@% 6n one of these, the 0etitioner had sa!ed the aforesaid number from #hich 2s% .oni had recei!ed personal message from .hri 2odi% 6nce, the 0etitioner accidentally dialed .hri 2odis number, thin(ing that he #as actually calling someone else, but the 0etitioner got no reply on .hri 2odis phone% The 0etitioner

reali"ed his mista(e and promptly disconnected% The 0etitioner !erily belie!es that .hri 2odi must ha!e found out the address of the holder of the .&2 card from #hich his personal number #as MaccidentallyN dialed, and placed it under obser!ation either #ith the help of .tate C&8 ;&ntelligence< or illegal phone tapping methods in!ol!ing the use of electronic e1uipment through unauthori"ed collaboration% .hri 2odi could then ha!e found that 2s% .oni #as spea(ing to the 0etitioner often o!er phone% Around this time, the 0etitioner recei!ed an anonymous letter con!eying that a !ideo of se$ual acti!ity bet#een 2s% .oni and one person, #as a!ailable on an internet #ebsite, and the letter ad!ised the 0etitioner to desist from contacting 2s% .oni, as her character and actions #ere not befitting of her company #ith /u,arat .tate officials% The 0etitioner did indeed come across such a !ideo clipping and it no# appears to the 0etitioner that .hri 2odi, #ho #as monitoring the 0etitioners cell phone calls, started belie!ing that !ideos in!ol!ing 2s% .oni perhaps included him i%e% .hri 2odi%

89TA&:. 6F FA:.9 CA.9. F6&.T98 64 TH9 09T&T649R H9R9&4*'

&t is submitted that the first case #as registered against the 8istrict 2agistrate and Collector of 5utch 8istrict on 2>%>2%2>>C in #hich the 0etitioner #as not named as the

accused but thereafter, in order to frame the 0etitioner, !arious cases #ere registered% The details of these cases are*
;i< 2% Case no% E2>>C* registered on dated 2>%2%2>>C #ith the C&8 ;Crime< Ra,(ot "one% ;ii< ;iii< ;i!< CA.9 46% ?E2> > registered #ith C&8 ;CR&29< Ra,(ot Gone% CA.9 46% @E2> > registered #ith C&8 ;CR&29< Ra,(ot Gone% C&8 ;Crime< Ra,(ot Gone 4o% under section 2 J, B>@, 22%2%2> % E2> 6ffence registered

2>;)< of &0C, registered on

&t is submitted that the aforesaid cases are being in!estigated by the .tate C&8 ;Crime< )ranch and the proceedings being orchestrated under (een personal

super!ision of the Chief 2inister of the .tate #ho, as narrated abo!e, has more than one reason to be pre,udiced and biased against the 0etitioner% The said cases ha!e been filed only to malign and torture the 0etitioner since he is the brother of .hri 5uldip .harma and because the Chief 2inister is con!inced that the information of his liaisons #ith 2s% .oni in the 0etitioners possession is a potential threat to his image% The 0etitioner has addressed letters to the Chief .ecretary and the &n!estigating officers highlighting his fears that the in!estigations #ill not be free and fair but to no a!ail, as he has recei!ed no response yet to any of these letters% The

petitioner has also e$pressed his fears about danger to his personal safety and life, publicly during recent district court hearings%

&n the light of the abo!e, the 0etitioner has filed the present petition for enforcement and protection of his fundamental right to life as enshrined in Article 2 Constitution of &ndia% of the

+IS, O- ./,0S 2C%>L%2>>? The 0etitioner assumed charge as the 8istrict 2agistrate and Collector of 5utch, /u,arat% As part of the rehabilitation of the traders of the area, the 0etitioner in his official capacity allotted land under the .tate /o!ernment policy% &n 2>>L, in the capacity of 8istrict Collector of 5achchh, the 0etitioner commissioned a series of pro,ects to#ard the beautification of )hu, city and o!erall de!elopment of 5achchh district% A site #as selected de!eloping a hill garden, for #hich 2s% 2ansi .oni #as the :andscape Architect%

2>>B'2>>L

The Chief 2inister, .hri 4arendra 2odi, !isited 5utch to inaugurate the hill garden pro,ect upon

its completion, and #as at this time introduced to 2s% .oni and thus their relationship and intimacy begins to de!elop% >L% %2>>J 0ursuant to an order of the :d% Chief =udicial 2agistrate, the :d% C=2 directed in!estigation under .ection LK;?< of the Cr%0%C% to be

conducted by C%&%8% ;Crime<, Ra,(ot Gone% A First &nformation Report being F%&%R% 4o%> E2>>C ;2% Case 4o% E2>>C< #as registered under .ection 2>>, 2>?, 2 J, BKL, BKK, BKJ, BKC, BJ , BJ2, BJB, BLJ, BCB and 2>') of the &ndian 0enal Code%

The said case pertained to allotment of land in 5utch% The 0etitioner #as not named in the F&R% 4o!%, 2>>C +hile the 0etitioner #as posted as 2unicipal Commissioner, )ha!nagar, 2s% 2ansi .oni contacted the 0etitioner to inform him that .hri 2odi had as(ed her to do a pro,ect on Alang .hipyard for #hich she #ould li(e to come to )ha!nagar% 4o!' 8ec, >C 2s% .oni came to )ha!nagar and, during that time, the 0etitioner found that she #as constantly in touch #ith .hri 2odi, #ho #as abroad and probably in .outh Africa at the time% .he also

con!eyed to the 0etitioner that .hri 2odi as(ed her about the 0etitioners office routine and habits, and #hether the 0etitioner (ne# about their intimate relationship% &n one con!ersation, 2s% .oni sho#ed the 0etitioner a te$t message that the Chief 2inister had sent to her from abroad% The 0etitioner made a note of the cell phone number from #hich it had originated% The number #as @@>@@2?B>>% >K%> %2> > The 0etitioner #as illegally pic(ed up by the police from his house at about L%?> a%m% in connection #ith F&R 4o% E2>>C. ? %>?%2> > A second F&R being &'CR 4o%?E2> > #as registered against the 0etitioner for the offences under sections J, , ?; <;b< and ?;2< of the

0re!ention of Corruption Act at .tate C&8 ;Crime< Ra,(ot 0olice .tation #hich related to t#o .&2 cards #hich the 0etitioner possessed but #ere registered under the names of persons other than the 0etitioner% 2L%>@%2> > The same &n!estigating Agency registered a third F&R !ide &'CR 4o%@E2> > .tate C&8 Crime, Ra,(ot Gone 0olice .tation under sections 2 J, B>@,

BKL, BKJ, BKC, BJ , 2>') etc% of &0C against the 0etitioner and others #hich related to the allotment of land to the +elspun /roup of companies ;+elspun<% % 2%2> > The 0etitioner addressed a letter to .hri 5%0% /a,ipara, the in!estigating officer of the &'Cr 4o%>@E2> >, disclosing the facts as to the circumstances under #hich the said land #as allotted to +elspun and that this allotment #as made on specific instructions from the Chief 2inister .hri 4arendra 2odi% @%> %2> The 0etitioner addressed a communication to the Chief .ecretary, /o!t% of /u,arat, stating that, in !ie# of the specific allegations against the Chief 2inister, the in!estigation may be transferred to the C)&% 2K%>B%2> .ince no action has been ta(en and the 0etitioner apprehends that there #ill be no fair and impartial in!estigation, the 0etitioner prefers the present petition%

IN ,10 SUPR020 COUR, O- IN.I/

CR&2&4A: 6R&/&4A: =7R&.8&CT&64

+R&T 09T&T&64 ;Crl< 4o% IN THE MATTER OF:0radeep 4% .harma Aged about LL years, 0lot 4o% BKLEA'2, .ector 'C, /andhinagar, /u,arat% ;0resently in =ail< Through his 0airo(ar .hri% 2u(esh .harma &e)*u* % The .tate of /u,arat Through its .ecretary, 8epartment of Home, .achi!alaya, /andhinagar, /u,arat% Additional 8/0, C&8 Crime, 0olice )ha!an, /andhinagar% .hri 4arendra 2odi, Residing at Chief 2inister 4i#as, .ector'2>, /andhinagar, /u,arat% 7nion of &ndia, Through its .ecretary, 2inistry of 0ersonnel, 0ension and 0ublic /rie!ances, 8epartment of 0ersonnel, 4e# 8elhi% Central )ureau of &n!estigation, Through, its 8irector, .cope Comple$, C/6, :odhi Road, 4e# 8elhi

E2>

-0etitioner

Respondent 4o% Respondent 4o% 2

2% ?%

Respondent 4o% ?

B%

Respondent 4o% B

L%

Respondent 4o% L

3RI, P0,I,ION UN.0R /R,IC+0 4 O- ,10 CONS,I,U,ION O- IN.I/ ,o

,10 1ON56+0 ,10 C1I0- 7US,IC0 OIN.I/ /N. 1IS CO2P/NION 7US,IC0S O- ,10 1ON56+0 SUPR020 COUR, ,10 1U26+0 P0,I,ION O- ,10 P0,I,ION0R /6O&0 N/20. 2OS, R0SP0C,-U++Y S1O30,18 % That the present petition has been filed by the 0etitioner see(ing the transfer of the cases lodged against him #ith the .tate Crime branch to an independent in!estigati!e agency, Central )ureau of &n!estigation ;C)&<, since the said cases ha!e been lodged simply to falsely implicate the 0etitioner at the behest of the Chief 2inister of the .tate% 2% That the 0etitioner is an &A. officer in the /u,arat cadre, #ith an unblemished record of outstanding performance throughout his careerA has recei!ed numerous accolades for his #or( including the Ca!alier Cross from the 0resident of the Republic of 0oland for proacti!e collaboration on ,oint urban de!elopment pro,ects in =amnagar, /u,arat, bet#een 2>> and 2>>? #hen the

0etitioner ser!ed there as the 2unicipal Commissioner% ?% That it #ould be pertinent to ta(e note of the fact that the 0etitioner is the younger brother of .hri 5uldip .harma, presently the senior'most &0. 6fficer in the .tate and functioned as Additional 8irector /eneral of 0olice, C&8

;Crime< from 2C%B%2>>? to %C%2>>L% 6n ta(ing o!er the charge, .hri% 5uldip .harma ;&0.< set about impro!ing the systems and ma(ing the process robust so that all in!estigations pending #ith the .tate C&8 ;Crime O Rail#ays< or recei!ed thereafter #ere attended to in an impartial manner in #hich the high in!estigation

standards of propriety #ere follo#ed% B% That the 0etitioners professional credentials as an urban infrastructure de!elopment e$pert include t#o separate 2asters degrees from abroad 3 a as 2asters an in

8e!elopment

2anagement

; @@><

Asian

8e!elopment )an( scholar in 2anila, 0hilippinesA and a 2asters in 9conomic 0olicy and 0lanning ; @@B< from )oston, 7.A, as #ell as an 9$ecuti!e 8iploma in Rural 8e!elopment 0olicy and 0lanning ; @C@< from the &nstitute of 8e!elopment .tudies at the 7ni!ersity of .usse$ in the 7%5% His seminal contribution to rebuilding )hu, city and the rest of 5utch district after the de!astating 2>> earth1ua(e in that region has been

applauded by international entities such as the +orld )an(, the Asian 8e!elopment )an(, and the ))CA as recently as this past =anuary 2> , in a >'year

anni!ersary documentary entitled /u,arats Astonishing Rise from Rubble of 2>> Dua(e, the ))C has

recogni"ed the 0etitioner as the go!ernment official #idely credited at the time #ith pushing through the radical plans Mfor building a completely ne# city of )hu,N% The 0etitioner, on se!eral occasions, has recei!ed appreciations from the .tate /o!ernment for the remar(able ser!ice rendered by the 0etitioner during the troubled times of earth1ua(e to#ards the rehabilitation of affected people of 5utch% Copies of letters of appreciation and articles are anne$ed here#ith and mar(ed as /NN09UR0 P-1 (Coll:). ;Pa<e No*. 44 =>? L% That .hri /% C% 2urmu, present .ecretary to the C2 called .hri Chittaran,an .ingh, then 8irector, AC), to the formers office and ga!e him a bunch of

anonymousEpseudonymous applications and as(ed him to use them to prosecute the petitioner% .hri Chittaran,an .ingh on return to his office consulted his deputy, one .hri Tirth Ra,, #ho opined that such anonymous applications couldnt be in1uired into #ithout /o!t% orders% Thereupon, a letter #as issued to the /A8 as(ing them to issue specific orders if they re1uire the AC) to in1uire into anonymous application% This #ill pro!e the direct interest of the Chief 2inister% Ho#e!er, copy of the letter is unli(ely to be obtained since under RT&, AC) is e$empted%

K%

That the 0etitioner by #ay of the present petition see(s the indulgence of this Honble Court to transfer the cases to C)& as the cases ha!e been registered at the behest of the Chief 2inister of the .tate in order to falsely implicate the 0etitioner and harass him and has thus depri!ed the 0etitioner of his personal life and liberty% The follo#ing cases are registered against the 0etitioner*
i% 2% Case no% E2>>C* registered on dated 2>%2%2>>C #ith the C&8 ;Crime< Ra,(ot "one ii% CA.9 46% ?E2> > registered #ith C&8 ;CR&29< Ra,(ot Gone, iii% CA.9 46% @E2> > registered #ith C&8 ;CR&29< Ra,(ot Gone, i!% C&8 ;Crime< Ra,(ot Gone 4o% E2> under section 2 J, B>@, 22%2%2> % 6ffence registered

2>;)< of &0C, registered on

J%

That the 0etitioner humbly submits that the these cases are being registered and being in!estigated by the .tate machinery at the behest of the Chief 2inister of the .tate #ho has a personal agenda to ensure that the 0etitioner is ne!er able to #or( or lead a peaceful life% The 0etitioner le!els allegations #ith full sense of

responsibility and the facts narrated hereinafter #ould sho# that .hri 2odi has been using the entire .tate

machinery for his personal ad!antage% The reasons for this se!ere bias and pre,udice are* I. Firstly, the 0etitioner happens to be the younger brother of 5uldip .harma, a highly'decorated and currently the senior'most &0. officer in the /u,arat state cadre, #ho has unmas(ed many misdeeds of 4arendra 2odi since the 2>>2 /odhra riots and also of his henchman Amit .hah, && .econdly, the 0etitioner is suspected of ha!ing stumbled upon some intimate secrets of 4arendra 2odis escapades #ith a #oman named 2s% 2ansi .oni% .hri 2odis paranoia about the potential gra!e damage to his public image and political career%

FACT. &4 )R&9F T6 .H6+ H6+ .HR& 57:8&0 .HAR2A 89F&98 TH9 &&:9/A: &4.TR7CT&64. 6F .HR& 4AR948RA 268& A48 H&. A..6C&AT9.* ' C% That #hen .hri 5uldip .harma too( charge as Additional 8irector /eneral of 0olice, C&8 ;Crime<, set about impro!ing the systems and ma(ing the process robust so that all in!estigations pending #ith the .tate C&8 ;Crime O Rail#ays< or recei!ed thereafter #ere attended to in an impartial manner in #hich the high in!estigation

standards of propriety #ere follo#ed% &n doing so, .hri

5uldip .harma also issued a manual of ?B> pages, #hich laid do#n the duties and #or( procedures for each ran( in the organi"ation% Certain pending in!estigation #ith the .tate C&8 ;Crime O Rail#ays< #ere such cases in #hich .hri 4arendra 2odi and .hri Amit .hah #ere interested, the details #hereof are stated hereunder% @% That one of such cases #hich #as pending in the .tate C&8 ;Crime< #as the .oharabuddin fa(e encounter case% This #as a reference from this Honble Court, on a letter sent by .oharabuddins brother and mother, #hich letter had been referred to the 8/0% The 8/0 had entrusted the matter to the .tate C&8 ;Crime<% .hri 5uldip .harma had issued directions to submit an interim report to this Honble Court and to !igorously pursue the in1uiry% &t appears that .hri Amit .hah and .hri 4arendra 2odi hold it against .hri 5uldip .harma that he ordered the interim report to be sent to this Honble Court, #hich became the starting point of e!ents that e!entually not only landed certain police officers in the ,ail on murder charges but also resulted in the arrest of .hri Amit .hah, a close associate of .hri 2odi and the then 26. ;Home< on 2L%J%2> > by the C)& on charges of murder and e$tortion%

>%

That, in another case relating to 2s% 2alli(a .arabhai also, .hri 5uldip .harma did not accept the directions issued by .hri 2odi and conducted a free and fair in!estigation that #as not to the li(ing of .hri 2odi% An offence #as registered !ide Ahmedabad City 4aranpura 0olice .tation CR 4o% KBJE>? uEs B>@, B2>, ?B, B,

2>) &0C against 2s% 2alli(a .arabhai, #hich pertains to the danseuses plan to ta(e a troop to 7.A and .outh America and the allegation #as that she #as using her organi"ation to ta(e people illegally to 7.A% &t is pertinent to note here that 2s% .arabhai #as a 0etitioner before the Honble Court against the Chief 2inister and others #ith regard to the post'/odhra communal riots in /u,arat during 2>>2% The C&8 ;Crime< too( o!er the case on 2>%@%2>>B% Ho#e!er, in!estigation by the .tate C&8 ;Crime< re!ealed that no offence #as made out% 8espite this, .hri Amit .hah, the then 26. ;Home< #as bringing pressure on C&8 ;Crime< to arrest and charge'sheet 2s% .arabhai% Ho#e!er, .hri 5uldip .harma, as per the e!idence, directed the closure of the case% )y this action of .hri 5uldip .harma, not only #as .hri Amit .hah resentful, but e!en .hri 4arendra 2odi too e$pressed his displeasure about it later on #hen .hri 5uldip .harma had an occasion to meet him in person on C%C%2>>K%

That yet another serious case #hen .hri 5uldip .harma #as up in arms, against the personal interests of .hri 2odi and .hri Amit .hah, #as an in1uiry in #hich allegations #ere made that Amit .hah, had recei!ed an amount of Rs% 2%L crores through an intermediary .hri /irish 8ani, in the matter of a case about a fraud in 2adha!pura 2ercantile Co'operati!e )an( :imited, Ahmedabad% .hri 5etan 0ari(h #as accused in this offence, registered !ide Ahmedabad City 2adha!pura 0olice .tation CR 4o% KKE2>> uEs 2> ;)<, B>L, B>K,

B>C, B>@, B2> of &0C and section ?L of )an(ing Regulations Act, @B@% The in!estigation #as being

conducted by the C)&% .ince .hri Amit .hahs name #as also associated, .hri 5uldip .harma felt that it #as also necessary in the interest of .hri Amit .hah, that a proper in1uiry be conducted to clear his name, if he #ere not in!ol!ed and therefore recommended that since the original in!estigation pertaining to .hri 5etan 0ari(h #as done by C)&, the application le!eling charges against him also be sent to C)& for further necessary in!estigation% Therefore, a letter #as addressed to the Chief .ecretary to bring the abo!e facts to the notice of the Chief 2inister% 2ean#hile, .hri 5uldip .harma had to go to 2ussoorie to attend a 4ational Conference on +omen

0olice% 7pon his return, he #as informed that the Home 8epartment had transferred .hri 5uldip .harma from C&8 ;Crime<% 2% That another such instance #as during the tenure of .hri 5uldip .harma as A8/0, C&8 ;Crime<% 6ne

.uperintendent of 0olice, 2s% 4ir,a /otru #as deputed to super!ise cases in!ol!ing atrocities against #omen, including those (illed or !iolated during the riots of 2>>2% 8uring her !isit to 0anchmahal 8istrict, she came across a case #herein, during the fateful period from 2C%2%2>>2 till the
st

#ee( of 2arch, 2>>2, human s(eletons and

bones #ere disco!ered by the local .H6% &n one case, a total of J human s(eletons and in another case K

s(eletons had been disco!ered% The then .H6, on the prete$t of determining #hether they #ere human or animal bones, had referred the medical e$amination of the remains to ../ Hospital, Fadodara for confirmation% The .0 2s% /otru disco!ered the medical e$am results had been recei!ed at the rele!ant time in 2>>2 confirming that these #ere human bone and yet no offence had been registered% The .0, Fadodara ;Rural<, #as officiating as .0 of 0anchmahal 8istrict at this time% He and 2s% /otru both brought to the notice of the then 8/0, mentioning that an offence needs to be registered%

.ince .hri Amit .hah and .hri 4arendra 2odi #ere also made a#are of the incident, there #as reluctance at the 0olice Head Duarters to proceed in the matter as per la#% The .0, 2s% 4ir,a /otru as #ell as in'charge .0 0anchmahal brought to the notice of .hri 5uldip .harma that there is reluctance in registering an offence% &n his capacity as A8/0, C&8 ;Crime<, .hri 5uldip .harma directed that the offence be registered con!eying that he #ill ta(e the responsibility regarding the same%

.ubse1uently, telephonically, he informed the 8/0 that an offence #ill ha!e to be registered and that he had gi!en instructions to lodge the complaint% The offence came to be registered as 5alol 0olice .tation CR 4o% 222E>? on J% 2%2>>? uEs &0C B?, BJ, BC, B@, ?>2, 2> , LL ;A< more than one and a half year after the

gruesome incident% :ater in!estigation of this offence had resulted in arrest of people considered important to the organi"ation #ith #hich the Chief 2inister had political connection% ?% That in another incident an offence #as registered !ide Himmatnagar To#n 0olice .tation Crime Register 4o% ??KE2>> #as pending in!estigation #ith the .tate C&8

;Crime O Rail#ays<% &n brief, it pertained to opening of an account in a ban( #ith the help of .hri =ayesh =oshi

under a false name and then siphoning off huge amounts of money% &t transpired during the course of in!estigation that one .hri =ayesh =oshi introduced the person #ho opened the ban( account% Thus, this indi!idual had committed a fraud #ith the ban( by introducing the person under a different name% .hri 5uldip .harma had recei!ed a call from .hri Amrut 0atel from the Chief 2inisters office suggesting that .hri =ayesh =oshi #as innocent and he had (no#n .hri 4arendra 2odi, Chief 2inister since their younger days for the last many years% 7pon in!estigation, .hri =ayesh =oshis culpability #as clear% .hri 5uldip .harma had accordingly called up .hri 0atel in the Chief 2inisters office and re1uested him to con!ey to the Chief 2inister that his information about .hri =ayesh =oshi being innocent #as false% The said indi!idual #as arrested on B%2%2>>B% B% That .hri 2odi in complete !iolation of the pre!ailing rules, tried to ,eopardi"e the carrier of .hri 5uldip .harma% &n the .tate of /u,arat, ACRs of officers of the ran( of A8/0 are Reported upon by the 8/0, Re!ie#ed by the Chief .ecretary and Accepted by the Chief 2inister% Further in the case of officers of the ran( of

&/0 and A8/0, t#o ACRs ha!e been initiated, one by the 8/0 and another one by the AC. ;Home<% There is a

time bound frame #or( #ithin #hich the Reporting, Re!ie#ing and Accepting Authorities ha!e to complete the remar(s they ha!e to enter into ACR% There is also a mandatory statutory direction of the 8epartment of 0ersonnel O Training, /o!t% of &ndia that no ACR should be entered upon after ?
st

8ecember of the pre!ious

calendar year if the same has not done before that date% &t may be noted that the Chief 2inister in bra"en and direct !iolation of the statutory rule as also administrati!e instruction of the 8o0T entered his remar(s of four years ACRs altogether on 2>% 2%2>>J as per his o#n admission, 2>>L'2>>K i%e% for the years 2>>?'2>>B, 2>>B'2>>L, and 2>>K'2>>J, do#ngraded from

6utstanding to Fery /ood #ithout assigning any reasons% He also deliberately did not put a date% Ho#e!er for the reasons gi!en abo!e #herein .hri 5uldip .harma did not agree to illegal instructions of the Chief 2inister and the 26. ;Home<, the Chief 2inister do#ngraded the ACRs #ith the malafide intention of denying him promotion to the ne$t higher ran( as at least three outstanding ACRs are re1uired out of last > years to

1ualify for the ne$t promotion% The Chief 2inister similarly do#ngraded subse1uent ACR for the year 2>>J'2>>C from 6utstanding to Fery /ood% The stand of .hri

5uldip .harma has been !indicated by the order of the Central Administrati!e Tribunal in 6A 4o% B@ of 2> > #herein the action of .hri 4arendra 2odi ha!e been held to be arbitrary and illegal% A copy of the order dated >J%>B%2> passed in 6A% 4o% B@ of 2> > is anne$ed

here#ith and mar(ed as /NN09UR0 P- . ;Pa<e No*. == 14!?

09T&T&649Rs 546+:98/9 A)67T .HR& 4AR948RA 268& A48 2. 2A4.& .64&% L% That t#o years after the earth 1ua(e in the entire district of )hu, in 2>> , the 0etitioner assumed charge as the 8istrict 2agistrate and Collector of 5utch on 2C%>L%2>>?% As part of the rehabilitation of the traders of the area, the 0etitioner in his official capacity allotted land under the .tate /o!ernment policy% &n 2>>L, in the capacity of 8istrict Collector of 5utch, the 0etitioner commissioned a series of pro,ects to#ard the beautification of )hu, city and o!erall de!elopment of 5utch district% A site #as selected de!eloping a hill garden, for #hich 2s% 2ansi .oni #as the :andscape Architect. K% That the Chief 2inister, .hri 4arendra 2odi, !isited 5achchh to inaugurate the hill garden pro,ect upon its completion, and #as at this time introduced to 2s% .oni% .hri 2odi in!ited 2s% .oni to email any other suggestions

she might ha!e, gi!ing 2s% .oni his personal email address% 2s% .oni subse1uently #rote to .hri 2odi than(ing him for the !isit to hill garden% A series of emails #as e$changed until Sharad Utsav in 6ctober 2>>L% 2s% .oni communicated to the 0etitioner her decision to return to )angalore as #ell as shared her ongoing interaction #ith the Chief 2inister% J% That at this time, 2s% .oni had approached the Collectorate to participate in the e!ent and had been assigned a role of organi"ing reception of guestsA she #as pro!ided the appropriate monetary fees in e$change for her ser!ices% Concurrently, .hri 2odi and 2s% .oni had begun to e$change te$t messages ;.2.<, #hich she communicated to the 0etitioner% .he further mentioned that she #as planning to meet the Chief 2inister% .(eptical of her claims, and under the impression that 2s% .oni #as pre!aricating to embellish her stature, the 0etitioner suggested to 2s% .oni that she contact the Chief 2inisters security in this regard% C% That the follo#ing morning at the site of Sharad Utsav at appro$imately J*>> A2, the 0etitioner #as in the presence of .hri 2odi #hen 2s% .oni arri!ed and the con!ersation bet#een them assured the 0etitioner that .hri 2odi and 2s% 2ansi .oni #ere in fact e$changing

personal

te$t

messages,

e'mails,

andEor

direct

con!ersations% .ubse1uently, 2s% .oni further re!ealed to the 0etitioner that #hen she called .hri 2odi in his office, he #ould freely interrupt scheduled meetings, #al(ing out of his office on senior officials in order to spea( to her pri!ately% 2s% .oni communicated that she #as pleased #ith the e$tent and promptness of attention she recei!ed from .hri 2odi% @% That during the second #ee( of 2arch 2>>K, at appro$imately L*>> 02, 2s% .oni called the 0etitioner and con!eyed that she had ,ust landed in Ahmedabad city and #as planning to !isit )hu,% .hortly thereafter, #hen the 0etitioner attempted to telephone her, 2s% .onis cell phone #as s#itched off and remained so for the ne$t t#o days% T#o days later, at appro$imately *>>

A2, 2s% .oni called the 0etitioner and con!eyed that she #as at the residence of .hri 2odi, and had spent the duration of the pre!ious t#o days at his residence% .ubse1uently, she met the 0etitioner in )hu, and described in detail her stay #ith .hri 2odi% .he narrated that #hen she landed at the Ahmedabad airport, she #as recei!ed by .hri 6% 0% .ingh, .hri 2odis deputy, and #as escorted in a !ehicle to the Chief 2inisters residence% .he #as ad!ised to s#itch off her cell phone

and entered the Chief 2inisters residence through rear door% .he #as ta(en to first floor and gi!en a room across the Chief 2inisters bedroom% 2>% That 2s% 2ansi .oni also informed that the ne$t day of her stay at .hri 2odis residence #as the festi!al of Holi, many people including Anandiben 0atel !isited .hri 2odi for the festi!al and played #ith colour% .hri 2odi attended to them briefly and returned to his 1uarters% &n the meantime, 2s% .oni had de!eloped a fe!er and re1uested a physician, but .hri 2odi con!eyed that calling a physician #as impossible, gi!en the peculiarity of their situation% According to 2s% .oni, .hri 2odi spo(e about the philosophy and insisted she listen to the story of his life% The follo#ing morning she left for Fadodara in a car sent for by .hri 2odi% 2 % That on >L% %2>>J pursuant to an order of the :d% Chief

=udicial 2agistrate directed in!estigation under .ection LK;?< of the Cr%0%C% to be conducted by C%&%8% ;Crime<, Ra,(ot Gone% A First &nformation Report being F%&%R% 4o%> E2>>C ;2% Case 4o% E2>>C< #as registered under .ection 2>>, 2>?, 2 J, BKL, BKK, BKJ, BKC, BJ , BJ2, BJB, BLJ, BCB and 2>') of the &ndian 0enal Code% The 0etitioner is not named as an accused in the First &nformation Report% The said F&R pertains to allotment of

land to certain #holesale grain merchants of )hu, #ho had lost their shops #hen the e$isting mar(et in the old city #as destroyed beyond repair in the 2>> earth1ua(e% The said F&R alleges that certain members of the #holesale grain merchants association #ere ineligible to be allotted the shops and yet got a#ay #ith allotments by producing forgedEfalse certificates issued in the name of third personsA ho#e!er, not a single forged certificate A copy of the F&R 4o% E2>>C is anne$ed here#ith and

mar(ed as /NN09UR0 P-4. ;Pa<e No*. 141 14>? 22% That in 4o!ember 2>>C, #hile the 0etitioner #as posted as 2unicipal Commissioner, )ha!nagar, 2s% .oni contacted the 0etitioner to inform him that .hri 2odi had as(ed her to do a pro,ect on Alang .hipyard for #hich she #ould li(e to come to )ha!nagar% .he came to )ha!nagar and during that time, the 0etitioner found that she #as constantly in touch #ith .hri 2odi, #ho #as abroad and probably in .outh Africa at the time% .he also con!eyed to the 0etitioner that .hri 2odi as(ed her about the 0etitioners office routine and habits, and #hether the 0etitioner (ne# about the relationship they shared% &n one con!ersation, 2s% .oni sho#ed the 0etitioner a te$t message that the Chief 2inister had sent to her from abroad% The 0etitioner made a note of the cell phone

number from #hich it had originated% This number #as @@>@@2?B>>% 2?% That the 0etitioner submits that there e$ists in the .tate of /u,arat a general impression amongst ci!il ser!ants, top industrialists and senior leaders of political parties that an unprecedented degree of illegal telephone interceptions is being conducted in the upper echelons of the .tate /o!ernment% This may be #hy nearly e!eryone (eeps in addition to an official or (no#n mobile number one or more alternate cell phones% The 0etitioner had t#o cell phones, #ith 4os% @@2L @@J@@ and @C2B> > J2@% 6n one of these, the 0etitioner sa!ed the cell phone number from #hich .hri 2odi had sent a te$t message to 2s% .oni% The 0etitioner further submits that he once accidentally dialed .hri 2odis number, thin(ing that he #as calling someone else% +hen there #as no reply on .hri 2odis phone, the 0etitioner reali"ed his mista(e and disconnected% The 0etitioner submits his strong belief that .hri 2odi must ha!e found out the address of the holder of the .&2 card from #hich the call to his personal number had originated, and placed it under obser!ation either #ith the help of .tate C&8 ;&ntelligence< or illegal phone tapping methods in!ol!ing the electronic

e1uipment through unauthori"ed collaboration% .hri 2odi

could then ha!e found out that 2s% .oni #as spea(ing to the 0etitioner often o!er the phone% 2B% That the 0etitioner recei!ed an anonymous letter around this time con!eying that a !ideo of se$ual acti!ity bet#een 2s% .oni and one person #as a!ailable on an internet #ebsite, and the letter ad!ised the 0etitioner to desist from contacting 2s% .oni, as her character and actions #ere not befitting of her company #ith /u,arat .tate officials% The !eracity of the letters allegations #as subse1uently established since the 0etitioner did indeed come across such a !ideo clipping% 2s% .onis pre!ious contact #ith the 0etitioner, in con,unction #ith 2s% .onis indiscretions, came to be discussed by the 0etitioner on both of his t#o phones mentioned abo!e% &t no# appears to the 0etitioner that .hri 2odi started belie!ing that the !ideos in!ol!ing 2s% .oni perhaps included .hri 2odi himself% 2L% That on >K%> %2> > the 0etitioner #as illegally pic(ed up by the police from his house at about L%?> a%m% in connection #ith F&R 4o% E2>>C. &t is submitted that appropriate state authorities had neither issued any sho#'cause nor sought any e$planation from him, nor #as he e!en summoned by C&8 ;Crime< in the said case

and suddenly on >K%> %2> > morning he #as illegally arrested% 2K% That on ? %>?%2> > second F&R being &'CR 4o%?E2> > #as registered against the 0etitioner for the offences under sections J, , ?; <;b< and ?;2< of the 0re!ention

of Corruption Act at .tate C&8 ;Crime< Ra,(ot 0olice .tation% The allegation pertains to the use of t#o mobile telephones by the 0etitioner belonging to third parties% &t is pertinent to note that neither the cellular telephones nor the .&2 cards ha!e been reco!ered from the 0etitioner in the said case% The 0etitioner is a .enior &A. 6fficer #ho #as entitled to official telephones from the /o!ernment for ma(ing e!en personal phone calls #ithin reasonable limits% &n the said matter, the 0etitioner is currently

protected after an interim order granting anticipatory bail #as passed by the Honble High Court of /u,arat% A copy of the F&R being &'CR 4o%?E2> > dated ? %>?%2> > is being anne$ed here#ith and mar(ed as /NN09UR0-P4. ;Pa<e No*. 14= 1@1? 2J% That on 2L%>@%2> > the same &n!estigating Agency registered a third F&R !ide &'CR 4o%@E2> > .tate C&8 Crime, Ra,(ot Gone 0olice .tation under sections 2 J, B>@, BKL, BKJ, BKC, BJ , 2>') etc% of &0C against the 0etitioner and others% This case pertains to allotment of

land to +elspun, a (no#n public limited company% The allotments to +elspun and other eligible business entities #ere made at the time #hen it #as a declared state go!ernment policy to allot land to industrial houses #illing to set up industrial units especially #ithin the a .pecial 9conomic Gones ;.9G< #ith incenti!es that included ta$ holiday, the policy aim being rapid reconstruction and industrial de!elopment of 5achchh that had historically been a less'de!eloped, remote region of the state and, in addition, had suffered catastrophic damage during the 2>> earth1ua(e% A copy of the said F&R being &'CR

4o%@E2> > is being anne$ed here#ith and mar(ed as /NN09UR0-P@. ;Pa<e No*. 1@ 1> ? 2C% That on % 2%2> > the 0etitioner addressed a letter to

.hri 5%0% /a,ipara, the in!estigating officer of the &'Cr 4o%>@E2> > disclosing the facts about the circumstances under #hich and on the instructions of the Chief 2inister .hri 4arendra 2odi himself that the allotments #ere made to the +elspun% A copy of the said letter dated % 2%2> >, addressed to .hri 5%0% /a,ipara, the in!estigating officer is being anne$ed here#ith and mar(ed as /NN09UR0-P>. ;Pa<e No*. 1> 1=4? 2@% That on @%> %2> , the 0etitioner addressed a

communication to the Chief .ecretary, /o!t% of /u,arat,

stating that, in !ie# of the specific allegations against the Chief 2inister, the in!estigation may be transferred to the C)&% A copy of said letter dated @%> % addressed to

the Chief .ecretary, /o!t% of /u,arat is being anne$ed here#ith and mar(ed as /NN09UR0-P=. ;Pa<e No*. 1=@ 1A!? ?>% That #hen the 0etitioner #as in 8elhi on his #ay to )hu,, he #as arrested on B%2%2> by the .tate C&8 ;Crime< in the .tate C&8

F&R 4o% @ of 2> >% Thereafter on 22%2%2>

;Crime< registered a fourth case being C&8 Crime 4o% of 2> under section B>@, 2 J, 2> ) &0C #hich is

regarding allotment of land in 2undra Talu(a of 5achchh 8istrict% F&R #as registered on 22%>2%2> as Ra,(ot

Gone, C&8 Crime 4o% E2>

under .ections B>@, 2 J,

2>) of the &0C% :i(e in the pre!ious case, there are similar allegations of allotment of land by the 0etitioner to one .a# 0ipes :td% in 2undra in e$cess of his po#ers and #ithout obtaining re1uisite appro!al% &n this F&R also, #rongly characteri"ed lapses if any, on part of the lo#er functionaries, ha!e been sought to be imposed on the 0etitioner% A copy of the said F&R being C&8 Crime 4o% of 2> , is being anne$ed here #ith and mar(ed as

/NN09UR08 PA. ;Pa<e No*. 1A1 19!? +hile the 0etitioner #as in ,udicial custody in connection #ith F&R

4o% @ of 2> >, he #as ta(en on transfer #arrant and arrested in connection #ith F&R 4o% >?%>?%2> ? % % of 2> on

That the aforesaid facts and circumstances #ould go to sho# that the 0etitioner is a !ictim of the personal !endetta of .hri 4arendra 2odi and there is remote chance of the in!estigation being conducted in a fair and transparent manner since the 0etitioner feels that the cases ha!e been lodged at the behest of .hri 2odi% &n this bac(drop of circumstances the 0etitioner see(s the indulgence of this Honble Court to transfer the cases to an independently in!estigati!e agency, C)&%

?2%

That the present petition is preferred amongst others on the follo#ing grounds* 'ROUN.S

a%

)ecause there is a reasonable apprehension on the part of the 0etitioner in !ie# of the circumstances narrated in the petition that ,ustice #ill not be done% &t is submitted that a 0etitioner is not re1uired to demonstrate that ,ustice #ill ine!itably fail% The circumstances !ery clearly demonstrate that apprehension is reasonable and there is all li(elihood that the 0etitioner #ill be embroiled in rigmarole of false charges and in1uiries%

b%

)ecause the brother of the 0etitioner has refused to buc(le do#n under the pressure of those in po#er and in!ited the #rath of the .hri 4arendra 2odi and the 0etitioner is also being targeted so as to create circumstances #herein .hri 5uldip .harma brea(s do#n% &t is submitted that this is a case #here the 0etitioner has reasonable apprehension that ,ustice #ill not be done%

c%

)ecause assurance of a fair trial is the first imperati!e of the dispensation of ,ustice and the central criterion for the court to consider before transferring a case to an independent in!estigati!e agency% &n the present case since the cases ha!e been registered at the behest of those in po#er and the .tate machinery is being used to settle personal !endetta, the 0etitioner #ill ne!er be assured of a fair in!estigation at the hands of .tate machinery%

d%

)ecause the confidence of the 0etitioner in the fairness of a trial is seriously undermined since the .tate in!estigati!e machinery ta(es instructions from those at #hose behest the false cases and charges ha!e been le!eled against the 0etitioner%

e%

)ecause the apprehension of not getting a fair and impartial in1uiry or trial is not imaginary, based upon

con,ectures and surmises but is reasonable% &t is submitted that .hri 4arendra 2odi is a#are that the 0etitioner has (no#ledge of his secret liaisons #ith 2s% 2ansi .oni and if the same comes to public (no#ledge it #ould seriously hamper his political aspirations% Thus it appears that the dispensation of criminal ,ustice is not possible impartially and ob,ecti!ely and #ithout any bias% f% )ecause all these F&Rs and complaints against the 0etitioner #hich ha!e been made ostensibly for alleged acts of the 0etitioner long before 2>>C are solely for the purpose of the personal !endetta of the respondent 4o% against the 0etitioner herein for the suspicion that the 0etitioner is ha!ing direct (no#ledge of the personal life of .hri 4arendra 2odi #hich has, till date, been hidden from the public% &t is respectfully submitted that for the same reason there has been a sudden spurt of casesEcomplaints being filed against the 0etitioners brother also #ho is an &0. 6fficer and against #hom till about the same time there #as no complaint% g% )ecause, the present case discloses a situation #here it cannot be e$pected of either the C&8 Crime )ranch or any other .tate in!estigating agency to arri!e at, or conduct an impartial in!estigation, because the Chief 2inister of the .tate is personally hell'bent in ha!ing the

in!estigation carrying out in a manner that suits him and suits his ends of destroying the 0etitioners credibility as #ell as his professional career% &t is respectfully

submitted that the facts and circumstances of the present case fall #ithin the rarest of the rare cases, #here it can be safely presumed that the 0etitioner #ill not get any ,ustice #ithin the .tate of /u,arat and therefore, the entire in!estigation andEor the trial if so re1uired deser!es to be shifted out of the .tate of /u,arat, the failure so to do #ould result in the gra!est tra!esty of ,ustice% h% )ecause the accusations le!eled in the present 0etition #hich are substantiated in the /rounds une1ui!ocally point to#ards menace in la# and in fact of the respondent .tate led by the Chief 2inister% /i!en the nature of the contro!ersies, it is impossible to hold other#ise that after the in!estigation of the F%&%R%s in 1uestion against the 0etitioner are allo#ed to be conducted by either the .tate 0olice or e!en the C&8 Crime of the /u,arat .tate, it is impossible that an impartial in!estigation #ould result therein inasmuch as the .upreme Commander of the in!estigating agencies and the .tate 0olice is personally or directly interested in the outcome of the in!estigations #hich are more in the

nature of #itch'hunt launched against the present +rit 0etitioner% i% Thus, #hen cogent allegations ha!e been made against high officials and the Chief 2inister of the .tate in his personal capacity, this Honble Court, follo#ing the decision in Rubabuddins case, reported in ;2> >< 2 .CC 2>>, ought to hand o!er the in!estigation of the four F%&%R%s referred to in this petition, to the C)& since the allegations le!eled against .hri 2odi are not based upon con,ectures and surmises but upon substantial facts #hich led to reasonable apprehension that the

in!estigati!e machinery is bound to be pre,udiced and biased% ,% )ecause it is respectfully submitted the facts of the F&R itself #ill re!eal that ; < the F&R is misconcei!ed, ;2< a matter specific to re!enue has been ine$plicably con!erted into a criminal case, and ;?< the registration of the F&R is moti!ated by malice at the behest of the Chief 2inister, .hri 4arendra 2odi, for the aforementioned reasons% (% )ecause the 0etitioners brother, currently the senior' most &0. 6fficer in the .tate /o!ernment, has also become a !ictim of the #rath of the Chief 2inister and he has also been sought to be arrested and prosecuted% The

Annual Confidential Reports of the 0etitionerPs brother ha!e been illegally do#ngraded from PoutstandingP to P!ery goodP at the behest of the Chief 2inister for #hich the 0etitionerPs brother has filed an application before the Central Administrati!e Tribunal ;CAT< and the stand of the 0etitioner stands !indicated by the findings arri!ed at by this CAT #herein the actions of .hri 4arendra 2odi ha!e been held to be arbitrary and illegal% l% )ecause the 0etitioners fundamental right to liberty has been repeatedly and comprehensi!ely !iolated time and again, #ithout the due process of la#, by the persecution launched against the 0etitioner and his family, by the most po#erful man in the recent history of the .tate% m% )ecause the 0etitioner is in ,udicial custody since >K%> %2> > e$cept for a fe# months bet#een .eptember 2> > and =anuary 2> , during #hich time he #as on bail There are

and charge'sheet has already been filed%

about B>> #itnesses cited in the charge'sheet and further in!estigation is still going on #ith respect to other accused persons% The charge for offence under the

0re!ention of Corruption Act has been dropped and all other offences are triable by 2agistrate% The 0etitioner has been an outstanding Administrati!e 6fficer #ith unblemished career in the past ?> years since

L%> % @C #hen he ,oined the .er!ices as probationer% His arrest is actuated #ith malice in la# as #ell as malice in fact% n% )ecause in an appropriate case, particularly #hen the Court feels that the in!estigation by the .tate police authorities is not in the proper direction as the high police officials are in!ol!ed, in order to do complete ,ustice, it is al#ays open to the Court to hand o!er the in!estigation to an independent and speciali"ed agency li(e the C)&% ??% )ecause of paucity of time the present petition has been

filed in a great hurry and thus the 0etitioner see(s lea!e of this Honble Court to place on record additional documents and also for adding facts and grounds in the present petition% ?B% That the 0etitioner has not filed any other petition before

this Honble Court or any other court for the same purpose% PR/Y0R &n !ie# of the submissions made hereinabo!e, the 0etitioner most respectfully prays that this Honble Court may graciously be pleased to* A< an appropriate #rit of madamus or any other appropriate #rit order or direction to the respondents herein allo#ing

the present petition and directing the transfer of the follo#ing four cases from the .tate C&8 to the C)& *'
;i< ;ii< ;iii< ;i!< 2% Case no% E2>>C* registered on dated 2>%2%2>>C #ith the C&8 ;Crime< Ra,(ot "one, CA.9 46% ?E2> > registered #ith C&8 ;CR&29< Ra,(ot Gone, CA.9 46% @E2> > registered #ith C&8 ;CR&29< Ra,(ot Gone C&8 ;Crime< Ra,(ot Gone 4o% E2> 6ffence registered under section 2 J, B>@, 2>;)< of &0CA

C<%

0ass any other order as this Honble Court may deem fit and appropriate in the facts and circumstances of the present case%

/N. -OR ,1IS /C, O- BIN.N0SS YOUR 1U26+0 P0,I,ION0R /S IN .U,Y 6OUN. S1/++ 0&0R PR/Y. 8RA+4 O F&:98 )I

(SUNI+ -0RN/N.0S) Ad!ocate for the 0etitioner 49+ 89:H& 8RA+4 64* F&:98 64* 2 %>B%2> 2K%>B%2>

/NN09UR0 P-1 SUR/, UR6/N .0&0+O20N, /U,1ORI,Y N. 6i(la$iC I/S Chai)Da$ 8%6% 4o% .78AE9lectionELC>J 2y dear 0radip .harma As an obser!er of the 9lection Commission of &ndia & had an opportunity to !isit the KB'!yara ;.%T%< Assembly 2ultistoreyed )uilding QA bloc(, L th Floor 4anpur, .7RAT ?@L>> 8t 2 %>?% @CL

Constituency ;for #hich you #ere appointed as Returning 6fficer< and to see the arrangements made for conduct of poll as also for counting of !otes% &n this regard & #ould li(e to (eep on record my appreciations of the e$cellent arrangements made by you for conduct poll and for continuing of !otes in accordance #ith instructions and guidelines of the election commission of &ndia% This #as mainly due to the interest and care ta(en by you personally at all stages% & hope you #ill endea!our to (eep up the le!el of performance in your future career% +ith best #ishes% Iours .incerely 4%2% )i,lani .hri 0radip .harma 0rant 6fficer Fyara, Talu(a* !yara 8istrict* .urat cc% collector, surat for information% EETR79 TI098 C60IEE

-)oD8 P. N. Ro:EhoFdha): Collector and 8istrict 2agistrate .urat 8ear .hri .harma

No. SSSG,a)<etG A4-A@ OffiEe of the ColleEto) Na$pu)aC Su)at 8t% 22%>B% @CL

& ta(e great pleasure in placing on record my appreciation of the e$cellent #or( you ha!e done during the crash dri!e for net small sa!ings collection by the end of 2arch @CL% & am happy to inform you that due to your all out efforts our district has been able to collect Rs% 2C%?K crores% Although #e could not achie!e the target of Rs% ?2%2> crores, none the less fact that #e had collected such a huge amount inspite of t#o general elections ha!e been conducted during the period indicates the tremendous efforts you and your staff ha!e made%

Accept my congratulations and please con!ey my congratulations to your staff also% Iours sincerely ;0%4% Roycho#udhury< To .hri 0radeep .harma 8y% Collector, Fyara 0rant Fyara EETR79 TI098 C60IEE

&.R.S CoFla<iC I./.S SeE)eta): to 'ove)$De$t ..O. No. CROG+ORSG44G4AA4GAA 2ay L, @CC 8ear .hri 0radip .harma % & #rite to con!ey my appreciation for e$cellent #or( done by you in !arious programmes relating to rural de!elopment% & find that you ha!e e$ceeded the target in t#o or more programmes under implementation in your district% 2% This has been possible due to !ery competent planning, hard #or( and the inspiration you ha!e pro!ided to all the functionaries #or(ing under your charge% ?% 0lease accept my good #ishes on this account for continued success of your efforts in the coming year also% Iours .incerely ;FR. Co#lagi< .ri 0radip .harma 8irector, 8istrict Rural 8e!elopment Agency%

EETR79 TI098 C60IEE

)A&F )A&F 89F9:60294T R9.9ARCH F6748AT&64, 5A28H947 .94A0AT& )A0AT 2AR/, 0749' B > K &48&A T9:9* L2K2 , T9:9H* > BL'2C? /RA2* )ATF64 R9F 46 )ARFEC@ET2 8ear 2r % 0radeep .harma, This is to appreciate #ith sense of gratitude your !aluable co' operation and administrati!e support to )A&F in e$ecuting .ocio'economic Rehabilitation programme of Tribals in Fansda and 8harampur talu(as of Falsad 8istrict% The /o!ernment of &ndia channalises de!elopment funds to district rural 8AT9 C th 2ay, @C@

de!elopment agencies in &ndia through the 8epartment of Rural 8e!elopment, 4e# 8elhi% 7nder this system the programme of the rural poor can be successful only if the 8R8A comes for#ard #hole heartedly #ith co'operation and support to the operating agency, such as )A&F% As a pro,ect 8irector of Falsad, 8R8A your spontaneous co'operation has pro!ed to be most !aluable% & can say you ha!e set a good e$ample ho# a committed administrator can play the (ey role in de!elopment programme specially designed for the upliftment of the rural poor in &ndia% Ioung, enthusiastic, committed and 1ualified

administrator li(e you should try to ,oin training programmes #hich are conducted outside &ndia to get #ider !ision, e$posure

and proper perspecti!e of #holestic approach #hich can help in (eeping the focus of the programme on the rural family% & #ish you a successful career and in getting support for training abroad% +ith )est +ishes Iours .incerely

2A4&)HA& 89.A& 0R9.&894T 2r% 0radeep .harma, &%A%.%, 8%R%8%A .urat

EETR79 TI098 C60IEE /ram*7R)A489F

PRO-0SSION/+ .YN/2ICS IN 10/+,1 C/R0 A T9R2 0A09R &4 /RA87AT9 :9F9: C6R9 C67R.9 AT 46RTH9A.T9R4 74&F9R.&TI ;)6.T64, 7.A< /PRI+C 1994 )y* .harma .hyamal
Imagine in your mind's eye a swamp-v ery murlcy,d ark, dank, and unstable, full of mud, water, weeds, even quicksand. see insects skidding about on the surface of the swamp. ou ou

also see crocodiles, alligators, bugs, spiders, snakes, and other animals suited to that environment. !he water is stagnant" no fresh water is coming in or going out. ou can see the fungus

growth and moss, and the stench is very offensive. !he water is putrid , stale, filled with disease and decaying vegetation. #ow imagine the gradual transformation of that murlq swamp into a magnificent oasis. See the swamp being drained of the old water. !he swamp begins to dry up" fresh water is introduced with inlets and outlets, so that the water is gradually purified. !he ground becomes more stable" the stench is gone" vegetation begins to grow again" lovely blossoms and flowers create an entirely new fragrance, the aroma of which is soothing and satisfying. Iagoons. ou see beautiful vegetation, trees ,

$inally the swamp becomes a true oasis- one that has shade under beautiful trees from the sun and pooling areas and clear, pure water. ou could even drink the water, it is so clean. !he oasis is now an attractive place to rest and to work and to relate with others. If you were to describe it in quality terms, you would say that it was beautiful, lovely, e%cellent, attractive, enchanting , resplendent, magnificent, peaceful. .tephen Co!ey, in his boo( R0rinciple'Centered

:eadershipR presents this metaphor to demonstrate ho# he !isuali"es the concept of Transformational :eadership% The goal of transformational leadership is to R transformR people and organi"ations in a literal sense't o change them in mind and heartA enlarge !ision, insight, and understandingA clarify purposesA ma(e beha!ior congruent #ith beliefs, principles, or !aluesA and bring about changes that are permanent, self' perpetuating, and momentum building% 8r% Co!ey goes on to add* & am personally con!inced that one person can be a change catalyst, a R transformer,R in any situation, any organi"ation% .uch an indi!idual is yeast that can lea!en an entire loaf% &t re1uires !ision, initiati!e, patience, respect, persistence, courage and faith to be a transforming leader%R Reflecting on my association #ith such a leader and ha!ing seen him so perform o!er past se!eral years, & can !ery
1

!i!idly relate to 8r% Co!eyPs metaphor, of P a s#amp being turned into an oasisP, for transformati!e leadership% & shall ta(e you se!eral thousand miles across from here to the &ndian subcontinent to elaborate my claim% &ndia, the #orldPs most populous democracy, espouses the philosophy of #elfare state for domestic economic policy and administers a broad range of po!erty alle!iation programs for the depri!ed and the do#ntrodden at the grassroots le!el% The target population is defined as people #ho reside in rural areas and #hose per capita incomes fall belo# the official po!erty line% 8istrict Rural 8e!elopment Agencies in e!ery state are the go!ernmentPs !ehicles for implementing po!erty alle!iation and rural de!elopment programs%

The 8R8As are headed by senior ;normally so by !irtue of official ran( rather than length of ser!ice< ci!il ser!ants, designated as 0ro,ect 8irectors of the respecti!e 8R8As% The 0ro,ect 8irector is assisted by se!eral assistant pro,ect officers ;A06s< responsible for different specialty di!isions such as agriculture, animal husbandry, irrigation, social forestry, rural housing, rural youth training, cooperati!es finance, and ban(ingA as #ell as a net#or( of about ?>> employees and !illage'le!el #or(ers%

Funds are allocated to e!ery 8R8A annually to correspond #ith the districtPs physical si"e and degree of economic

bac(#ardness, the latter computed on the basis of the percentage of the districtPs population li!ing belo# the po!erty line% The pro,ect director and his team are responsible for in!esting these resources in a myriad of de!elopmental pro,ects so as to generate employment among eligible target population and initiate sustained economic gro#th of the rural

communities% Although the agencies generally manage to meet their annual targets for subsidy disbursements, they often fail to generate sustainable employment and gro#thA and end up being massi!e charity institutions at the e$pense of the public e$che1uer rather than playing their part as change agents in the countryPs economic turnaround% This failure is largely attributable to the failure of the pro,ect directors as leaders of their organi"ations% 0radeep, already recogni"ed by his peers and his superiors in the go!ernment as a dynamic e$ecuti!e and an outstanding team leader, #as barely thirty #hen he too( office as 0ro,ect 8irector, 8R8A of Falsad in the state of /u,arat in +estern &ndia% Falsad district is spread o!er appro$imately 2 >> s1% miles, and has a predominantly tribal population of l%&2 millions out of a total rural population of %KB

millions% & do not ha!e the statistics for the magnitude of rural people eligible to recei!e aid from the 8R8A% The districtPs total urban and rural population is 2%&J millions%? &n the year #hen 0radeep too( office, his 8R8A had an annual budget of about 2>

million &ndian rupees, or about C million 7%.% dollars at that timeA this allocation is sub,ect to re!ision, normally in the up#ard direction, e!ery year% & #ould li(e to put 0radeepPs leadership beha!ior into perspecti!e for the reader, by employing some characteristics of transformational leaders deri!ed from R The Transformational :eader R by 4oel Tichy and 2ary Anne 8e!anna%2

They identif! themsel!es as Change Agents* 0radeepPs professional and personal image has al#ays been to ma(e a difference and transform the organi"ation that he has assumed responsibility for% He clearly identifies himself as the change agent% His "eal to transform is manifest in his actions from the day he assumes officeA in his immaculate attire, in his bris( manners, in the immediate physical changes he brings about in his office premises as #ell as in his residential 1uarters, in e$pressing to his team certain basic minimum standards of decency and discipline he e$pects of them before they get do#n to more serious business%

His office staff percei!ed these initial changes as precursors to more important, impending changes in their organi"ation% They #ere e$cited at the prospect of #or(ing under a progressi!e e$ecuti!e #ho #ould rise abo!e the mundane and bring essentially ne# order to their organi"ation% :ittle had they reali"ed then, ho#e!er, that they #ould not be R#or(ing underR himA rather he #ould be R#or(ing #ithR them to gi!e a ne# meaning to their collecti!e efforts%

,he: #elieve i$ people* According to Abraham 2aslo#, all of us ha!e basic (inds of needs* physiological, safety, social, ego, and #hat he calls self'actuali"ation% These needs are in a hierarchy from lo#er needsA physiological ' to the highest and the most comple$' self'actuali"ation% .ome people ne!er ha!e a chance to fulfil their higher needs, such as, relating to others, ha!ing satisfying, meaningful contact #ith others, ha!ing a sense of inclusion and affection and response% +e ne!er allo# these needs to be satisfied because #e deal situationally #ith needs at the lo#est le!el possible% &n our moti!ation system, #e often create conditions that satisfy one le!el and ne!er allo# people to mo!e on up% +e create #or( that does not allo# people to satisfy ego needs, to feel that R&Pm doing something #orth#hileR or that R& ha!e the esteem of peopleR% +e do not

create conditions #herein people achie!e the best that is possible for them to achie!e ;self'actuali"ation<%? Transformational leaders are not dictators% They are po#erful yet sensiti!e of other people, and ultimately they #or( to#ard the empo#erment of others% &n a feudal culture li(e &ndiaPs, 0radeep could easily ha!e assumed dictatorial attitude to#ard his staff% Ho#e!er, he belie!es that ordinary people ha!e a lot more to offer than they are usually either allo#ed or encouraged to offer% Ha!ing redefined the 8R8APs goal of creating !iable means of li!elihood for the target population and ha!ing communicated the same to his team, 0radeep encouraged them to share #ith him information about the local population and their culture, so !ital for him to understand the social and economic needs of the people he intended to ser!e% He consulted #ith his A06s and immediate office staff about #hat changesEimpro!ements they considered desirable, based on their e$periences andEor frustrations #ithin the organi"ation as #ell as #ith the .tate .ecretariat% He toured e$tensi!ely throughout the district and met #ith !illage'le!el #or(ers and other sta(eholders to reinforce their morale and communicate his !ision% &n this process of self education, he toured the remotest areas of his ,urisdiction, some accessible only on foot during monsoon season, and listened to the tribals% He tal(ed #ith them o!ernight in their

humble d#ellings, shared their meagre meals and reassured them that he and his team #ere there not to depri!e them of their cultural heritage, but to understand their needs and enable them to fulfil those needs% He aroused peoplePs interest in special programs for rural youth, and #omen and children% He enlisted the support of ban(ers, 4on /o!ernmental

6rgani"ations ;4/6s< and .panish missionaries operating in the district to#ard a concerted effort for achie!ing sustained, self perpetuating economic gro#th in the area% An essential ingredient in organi"ational leadership is pulling rather than pushing people to#ard a goal% A RpullR style of influence attracts and energi"es people to enroll in an e$citing !ision of the future% &t moti!ates through identification, rather than through re#ards and punishments% :eaders articulate and embody the ideals to#ard #hich the organi"ation stri!es%B 0radeepPs enthusiasm spread li(e contagion and radiated in his surroundings% His genuine in!ol!ement #ith his organi"ationPs goals pro!ided a great impetus to his staff% They felt moti!ated to go Rthe e$tra mileR% 9mployee morale ran high at all le!elsA people found themsel!es significant and empo#ered, and their #or( stimulating, challenging, fascinating and fun% They rose up to meet continuous challenges of

e$cellence and e!en higher standards of e$cellence pro!ided by their leader% 0radeep planned beach'side gatherings and informal cric(et matches for his staff% This enhanced the process of brea(ing do#n barriers and promoted a sense of community among the people% At such times and at times #hen he and his staff #or(ed long unscheduled hours on a pro,ect, they #ere treated #ith refreshments from his pri!ate (itchen% The leader maintained e$cellent communications #ith the 8epartment of Agriculture O Rural 8e!elopment, and in!ited the top bosses in the department to periodically !isit the district% His team #on state honor for e$cellent, outstanding performance in the first year after he too( office% &t #as a !ictory for the perfect harmony of !ision and purpose bet#een the leader and his e$tended team%

,he: a)e +ife +o$< +ea)$e)*8

All transformational leaders

ho# an ama"ing appetite for continuous self'learning and de!elopment% 0radeep did not hesitate from admitting his mista(es, and could barely forgi!e those #ho refused to do so% He !ie#ed his mista(es as learning opportunities% He treated his staff similarly and encouraged them to learn from their mista(es%

0radeep has been a life long learner in another sense, tooA i%e%, in his continuous commitment to learning and intellectual enrichment% 8uring his tenure in the 8R8A, he too( a 2'#ee( course in Rural Research O Rural 0lanning at the &nstitute of 8e!elopmental .tudies, 7ni!ersity of .usse$ in 7nited 5ingdom% +hile in the same office, he initiated, of his o#n accord, a process that #on him Asian 8e!elopment )an('=apan .cholarship to study for 2asters in 8e!elopment 2anagement at the Asian &nstitute of 2anagement in 2anila, 0hilippines% A couple of years after he graduated from there and #hile he #as Comptroller to the /o!ernor of /u,arat state, he again too( time and personal initiati!e to earn 2asters in 9conomic 0olicy O 0lanning at 4ortheastern 7ni!ersity in the 7%.% These periodic Rescapades in to the #orld of learning, by themsel!es do not promote his ran( in the &ndian bureaucratic setup% He underta(es these ad!entures dri!en by his commitment to continuous learning% He pro!ides his staff #ith similar learning opportunities by enrolling them in programs on local self'go!ernment, administrati!e la#, computers in public sector, and other rele!ant issues% ,he: a)e value-.)ive8 Transformational leaders are able to articulate a set of core !alues and e$hibit beha!ior that is 1uite congruent #ith their !alue positions%L

0radeep belie!ed that one person #ith commitment can transform any situation or organi"ation% He also belie!ed, not unli(e the moth @, that it is better to be a part of beauty for one instant and then cease to e$ist, than to e$ist fore!er and ne!er be a part of beauty% His idea of beauty #as professional e$cellence and personal integrity, and e$hibited ample e!idence of both% His professional and personal character #ere crystal'clear #hich continued to reinforce his pride and con!ictions% He did not buc(le under pressure from local political leaders to fa!or them #ith undeser!ed funds spent on their constituencies% He did not fear political transfers, since he did not ha!e !ested interest in any office e$cept for gi!ing his best, and #as prepared to step do#n any time #ith pride and grace% 0radeep ensured that the Accounts branch in his office deduct at source from his pri!ate purse any personal use of telephone andEor !ehicles by him or his family% The household staff at his residence #as treated by e!en the youngest member of his family #ith dignity, respect and compassion due to e!ery human being% ,he: a)e &i*io$a)ie*8 0radeep has been my closest friend for o!er fifteen years, and my husband of t#el!e years% :et me assure the reader, ho#e!er, that there is no personal bias or e$aggeration in #hate!er & ha!e related so far% Rather, & ha!e

been unable to paint the full richness of his performances in different offices% .ince he is a public ser!ant and not a corporate e$ecuti!e, & am unable to 1uantify his achie!ements in terms of multiple increases in grossEnet profit ratios and financial turnarounds% He deals #ith people and their li!esA team#or( inspired by his leadership has catapulted into prominence offices considered the least lucrati!e by his peers% His achie!ements are on record in his dossier maintained by the state go!ernment% :i(e e!ery true !isionary, 0radeep is ne!er content #ith #hat is already accomplished, or e!en #ith #hat is about to be accomplished% He al#ays has his eyes on the hori"ons, on the thousand opportunities a#aiting his action, on the portents of e!ents to come but unthin(able yet in present times% He is fore!er searching for stones hitherto unturnedA for roads not ta(en% R9F9R94C9. % .tephen Co!ey, 0rinciple'Centered :eadership ; 4e# Ior(* Fireside, &gg2<,p%2Jg% 2% .tephen Co!ey, 0rinciple'Centered :eadership ; 4e# Ior(* Fireside, &ggG <, p% 2gJ% ? % 0opulation Census, /o!ernment of &ndia% @@ % B% 8istrict Rural 8e!elopment Agency, !alsad ;&ndia<, Financial year @gK'gJ%

L%

4oel

2%

Tichy

and

2ary

Anne

8e!anna,

The

Transformational :eader ; 4e# yor(* =ohn +iley O .ons, @@><% K%Abraham 2aslo#, A Theory of Human 2oti!ation

;0sychology Re!ie#, @B?<A so 1uoted by +illiam /% 8yer in R The .ensiti!e 2anipulator R, ; 7tah* )righam young 7ni!% 0ress, @J2<,p % @K% J% +arren /% )ennis, An &n!ented :ife ; Reading, 2A* Addison' #esley, @@? <, p%gB% C% 4oel 2% Tichy and 2ary Anne 8e!anna, The

Transformational :eader; 4e# yor(* =ohn +iley O .ons, @@> <, p%2JB% @ % 8on 2ar1uis, The :esson of the 2oth ; 4e# Ior(* 0ushcart press, @JK <,pp% KJ'KgA so 1uoted by +arren )ennis and )urt 4anus in R:eaders* The .trategies for Ta(ing Charge ; 4e# Ior(* Harper 0erennial, @CL <, pp%L?'B%

EETR79 TI098 C60IEE

,1R00 Y0/RS +/,0RC 61U7 IS ON ,10 RO/. ,O PRO'R0SS

&48&A4 9H0R9.. =A47ARI 2K, 2>>B 2&:&48 /HAT+A= )H7=, =A47ARI 2L )7T for the remnants of 8ebris on the roadside and a couple of stones they use as stumps, a group of boys playing cric(et in the middle of the road near 4agar Cha(la, a #alled city area of this 1ua(e'hit to#n, #ould not catch anyones attention on a la"y .unday afternoon% Their only #orry, !ehicular mo!ement that forces them to ta(e unscheduled, irritating brea(s% This, #hen the broad road

doubles up as their pitch did not e$ist till a fe# days ago% A narro# lane passed from near it till =anuary 2K, 2>> #hen houses collapsed bloc(ing mo!ement of rescuers and !ictims% +e are happy #ith this inner ring road, )hu, #ill de!elop into a big planned city% .ays /unit 0armar, a @ year old student of go!ernment polytechnic as he fetches the ball from behind the mound of rubble that is ta(en as part of land scape in this head1uarters of (utch, the second largest district in the country% :i(e the young cric(eters, others too ha!e put the past behind them, relegating bad memories of the 1ua(e to the inner layers

of consciousness, and are finding solace in the fast pace of construction and reconstruction that is ta(ing place around them% The bad !ibes generated by the To#n 0lanning .chemes still ran(le, but the administration has gone the e$tra mile, bothering to lend a patient hearing% Till a fe# days ago, it seemed impossible that the T0 scheme could be implemented in the #alled city, caught up as it #as in legalities interests, both genuine and !ested and disputes li(e those bet#een tenants and landlords or simply among brothers% 4ot that problems dont e$ist, but #e ha!e found #ays to get around them, says 8istrict Collector 0radeep .harma, #hom most people credit for successful implementation of the scheme, that seemed etched only on paper till he too( o!er in 2ay last year% The local #ere hostile in the beginning, often petitioned that the authorities #ere not ready to sacrifice e!en an inch of land% Frustrated by miseries brought about by the 1ua(e and angered by corruption at lo#er le!els of administration, they bloc(ed e!ery mo!e to implement the scheme, and in return delayed the reconstruction of the to#n%

)ut gi!en the 1uic( de!elopments in the last fe# months, the to#n already loo(s so different from #hat it #as on =anuary 2K, 2>> or e!en before that% Their initial resistance has been

replaced by the famed (utchi resillence and spirit of cooperation sharma says, confident that, Q)hu, #ill be clean and breathe free by ,une% An outer ring road, a middle ring road and inner roads ha!e changed the to#ns profile% The #hole to#n loo(s li(e a large construction site, debris, both due to the 1ua(e and demolition no more incongruous in the setting% &t #ill be fun li!ing in the to#n #hen all de!elopmental acti!ities are o!er, says 2ahendra 2ehta, a B year old o#ner of shop in .araf )a"aar, that itself has transformed into an orderly trading centre% +e are happy #ith god, #e li!ed by the rules and did not suffer in the 1ua(e% 2ehta says philosophically, #e ne!er e$pected this big roads he says #e started to agree for sacrifice only #hen #e found administration #illing and considerate to our demands, 9arlier #e thought )hu, may ta(e atleast > years to get bac( on its feet, no# & see it happening sooner, says Hasmu(h .oni, #ho is not complaining much about the loss of Rs% L, >>> #hen his cable got disconnected on .unday%

9!en outside the ba"aar and #alled city, the to#n has changed a lot% .ome of the !ictims ha!e already mo!ed to three relocation sites in Ra#al#adi near &T6 office and on 2undhra road #here more than ?L>> houses #ill come up% The to#n already boasts of a .uper .peciality 1ua(e' recintant hospital funded entirely from the 0rime 2inisters fund, a @ (m long outer ring road and an airport% 5utch 7ni!ersity #ill ta(e shape o!er KL acres of land, #hile a beautiful Hill garden is emerging on a hilloc( near Ra#al#adi% Thats my dream pro,ect says .harma% 6ne of the fe# officers #ho ha!e managed to con!ince people on either side of the calamity% .pread o!er 22 acres, the garden #ill ha!e among other attractions, an amphitheatre, a childrens par(, a nursery, a meditation centre% Rotary has already pic(ed up J> percent e$penditure of the Rs% crore pro,ect% Chief 2inister 4arendra 2odi #ill inaugurate both the garden and the ba"aar on Tuesday% .harma has got the bac(ing of his subordinates #ho are still smarting under the Rs% %L> crore debris scam spread o!er

fi!e talu(as% As many as J2J people, including go!ernment officials li(e deputy Collector, Fidya shaya(s, talatis, ha!e been boo(ed so far and more are e$pected to face the heat% The district ,ail #hich collapsed allo#ing J@ prisoners to

escape' but for se!en all ha!e returned 3 is yet to come up%

/i!en the large 1uantity of debris lying inside its premises, it #ill be a miracle if the administration is able to meet its targeting of reopening it in couple of months% The 5utch museum, 6ldest in /u,arat , Aina 2ahal, famous Chattedis ;2emorials< are among the important buildings #here construction #ill ta(e a long time, but residents are not complaining% They say their first priority is to ha!e a roof o!er their heads and get business mo!ing%

EETR79 TI098 C60IEE

T6+AR8. A )9TT9R T6226RR6+

2onday 2K, 2>>B )hu,* +e ha!e heard the tale of Ra,a )ho,, #ho is (no#n to go out in changed dress to inspect personally #hat has been going on in his (ingdom% The 5utch 8istrict Collector is a person #ith a difference% 0eople of )hu, ha!e seen this man almost e!ery#here, instructing officials and communicating #ith people% The To#n 0lanning process has been sped, than(s to the personal interest and moti!ation of some of the top ci!ic officers li(e 0radip .harma% This confident man has #on the hearts of people of 5utch% 0radip .harma is (een o!er a mission to ma(e )hu, /reen in ne$t T#el!e months% & am a !ery small man nothing could ha!e happen #ithout the support and co'operation of the people of )hu,% He modestly e$plains% The .tate Chief 2inister and other ministers ha!e been ta(ing interest in rebuilding 5utch and the other earth1ua(e effected areas% The

go!ernment has spent o!er Rs% ?KK%>K Crore on as many as LK #or(s of infrastructure de!elopment in this district% The support of !arious 4/6s is also

impressi!e%

6ur

thrust

#ill

no#

also

be

on

beautification of to#n% T#o decorated traffic circles ha!e been constructed #hile a musical fountain #ill be placed near the Hamirsar talao of )hu,% 6ne more circle #ill be constructed near the RT6, he e$plains% 0ar(ing "ones #ill also be de!eloped at !arious places% 0radip .harma also said that !arious plots ha!e been allotted to !arious 4/6s at three relocation sites of )hu,, namely the Ra#al#adi, 2undra relocation site and the RT6 relocation for beautification and

community purpose% .harma said that

BJ (ms long

ne# roads #ill be constructed in )hu, out of #hich BC(ms road has been completed% 0ipe line of o!er >> (ms ha!e been installed for #ater supply% &t is to recall here that .harma has been a#arded by a prestigious Commanders Cross of the 6rder of 2erit of the Republic of 0oland for his outstanding contribution in &ndo 0oland relationship% EETR79 TI098 C60IEE

2a%i$< -ai) P)o<)e** IN.I/ ,O./Y != NO&0260RC !!@

Tradition meets modernity in a cultural e$tra!agan"a in arid 5utch as /u,arat pac(ages the region as a tourism hot spot )y 7day 2ahur(ar There is a ne# bu"" on the &ndian tourist circuit, and it originates from the unli(eliest of destinations% 5utch in /u,arat is a flat, endless desert that has, till no#, been largely (no#n for its population of #ild asses and, of course, the earth1ua(e that de!astated the region in 2>> % 6ut of the desert, ho#e!er, emerges a mirage, but one that is !ery real% Finally, the state /o!ernment has #o(en up to the regionPs tourism potential and if the .harad 7tsa! held from 6ctober K to C is any indication, the Rann of 5utch could soon ri!al

=aisalmer and 0ush(ar in neighbouring Ra,asthan% For all its percei!ed desolation, 5utch has some ob!ious ad!antages% The salt desert is uni1ue, #o!en as it is into an ecosystem comprising cree(s and mangro!es and pristine beaches% 91ually saleable are the e$1uisite handicrafts made by local tribes #hich ha!e a heritage going bac( centuries% &f ecotourism should be the bu""#ord, then there are rare #ildlife species li(e the #ild ass and the /reat &ndian )ustard%

+hat 5utch lac(ed till no# #as promotion as a tourist ha!en by the go!ernment as #ell as tra!el operators% :ast #ee(Ps festi!al, organised ,ointly by the state /o!ernment and local citi"ens, #as staged under the light of the full moon on the occasion of .harad 0urnima and represented the biggest attempt as yet to sell the myriad attractions of 5utch to the tourist% Tra!el operators, including those #ho regularly participate in the =aisalmer and 0ush(ar festi!als, and the large number of foreign tourists present at the occasion #ere charmed by the sheer colour of the e!ent and the "eal of the people '2L,>>> came for the fair e!ery day'in the middle of no#here% Thirty (ilometres from )hu,, the festi!al !enue, spread o!er an e$panse of B s1 (m of desert, comprised B>> lu$ury tents, L> of them air'conditioned, a typical 5utchi !illage of 2L huts housing fi!e local tribes and t#o big e$hibitions, a handicraft ba"aar and a !illage fest #ith 2>> stalls sho#casing e!erything from the regionPs crafts to cuisine% 6ld'timers say that on .harad 0urnima, /oddess :a(shmi flits across the night s(y, sho#ering gifts to those #ho are not asleep% This time, though, it #as the pyrotechnics in the amphitheatre that made sure that many stayed up all night% 5utch Collector 0radip .harma, one of the architects of the e!ent, offered a potpourri of local ingredients for the no!elty'

see(ing globetrotter% &n a faint replica of the 0ush(ar mela, there #ere camel races and horse races% Chief 2inister 4arendra 2odi himself #ent around in a camel safari and his dream pro,ect #as #ell on its #ay% A sho# of 2al 5ushti, a form of #restling (no#n as ba(h mala(ho in 5utchi and #hich is nearly e$tinct today, #as part of the attractions% The #restling sho#, ,o(ingly called rural ++F, #as staged to the beats of the dhola(% The ethnic fla!ours #ere matched by a good dose of modern elements* hot'air ballooning and a capti!ating air sho# by the .urya 5iran team of the &ndian Air Force% +hile tourists shopped for (nic('(nac(s at the )hu,odi crafts !illage, a fashion sho# by young designers of the 4ational &nstitute of Fashion Technology, /andhinagar, displayed the best of 5utchi te$tiles and embroidery% .ays Ran,it .ingh 2uli, a 2umbai'based tra!el operator, #ho has done the round of the top tourist festi!als in the country* RThe .harad 7tsa! has the right mi$ to attract the international tourist% &t has the potential to emerge as a popular e!ent on the festi!al calendar%R This year, the e!ent #as organised #ith the help of corporate houses #hich chipped in Rs 2 crore% Ho#e!er, organisers are optimistic that the e!ent #ill cut e!en soon% The feel'good factor has spread to 5utchi artists% 8ouble flute player 2usa /hulam =at, #ho has performed in sho#s abroad, finally got a chance to display his art before an

appreciati!e home cro#d% .ays the grateful =at* R& ne!er imagined that such a sho# could be organised in this remote area% &t can go a long #ay in helping artists%R &f the s#ord dance of the .odha Ra,puts along the &ndo'0a( border in 5utch and Ra,asthan #as no!el, the garba dance of the 2er community of 0orbandar brought the best of dandiya raas to to#n% The piece de resistance #as 2,>>> dancers playing garba under the full moon% As 2ichelle 8ecamoncle, a tra!el #riter from )elgium, says, RThe .harad 7tsa! #ill gi!e many festi!als a run for their money%R 2ahendra .ingh

Faghela, the only tra!el operator #ho runs an ethnic 5utchi lodge in the area, agrees% R&f this festi!al is made a regular feature, it #ill change the face of 5utch,R he says% 5utch had ne!er been pac(aged li(e this%The team of craftsmen #hich erected a 5utchi !illage for Aamir 5hanPs :agaan raised a similar one sho#casing the lifestyle of fi!e tribes of 5utch in 2L huts% The 5umbhars, 2uslim =ats, Ahirs, Rabaris and the .odha Ra,puts li!ed here for three nights, carrying on the acti!ities for #hich they are (no#n'from embroidery to pottery'ma(ing% For the 5utchis, it has been a moonlit sonata% 4o# only if it #ould translate into hard cash from tourism% EETR79 TI098 C60IEE

Ri*i$< f)oD the Rui$*

IN.I/ ,O./Y ON N0, !@ 7u$eC !!>
Rs ,>>> crore in in!estments and o!er a hundred ne#

industrial outfits ha!e resurrected 5utch from the debris of the 2>>> earth1ua(e ')y 7day 2ahur(ar Construction that follo#s destruction is al#ays creati!e and solid%R .o goes a /u,arati saying% &n case of 5utch, the resurgence follo#ing the de!astating earth1ua(e of =anuary 2K, 2>>> has indeed been remar(ably e$tensi!e, bolstered by in!estments of Rs ,>>> crore in L> ne# industrial !entures%

TherePs more money e$pected in the coming months% Another Rs C,>>> crore, to be e$act% For 5utchi 4ensi .hah, chairman of the 2umbai'based 9uro /roup, the dramatic ma(eo!er is nothing short of a miracle% 6nce a small trader in )hachau, .hah had mo!ed to 2umbai in @CJ% The second morning after the tremors roc(ed the region, he had flo#n o!er his hometo#n, one of the #orst'hit areas, leading a fleet of si$ choppers carrying relief material% 6!ercome #ith grief and despair as hesur!eyed the ra!aged terrain, he felt certain that the 1uintessentially decrepit,

desolate to#n #ould ne!er be able to tide o!er this mammoth tragedy that had claimed more than L,>>> li!es% Today, 5utchPs (aleidoscopically changing s(yline ne!er ceases to surprise him% 2ushrooming across the once'barren land are giant factories, lin(ed #ith gleaming, smooth stretches of concrete traffic#ays% The picture of de!elopment and gro#th ma(es it almost impossible to belie!e that a little o!er si$ years ago, the place had been all but destroyed by the (iller 1ua(e% 4eedless to say, the booming industrial scenario has generated employment opportunities for locals, boosting income and pro!iding a fillip to lifestyles% That real estate is gro#ing proportionately is e!ident from a huge housing colony, City .1uare To#nship, coming up on the outs(irts of )hu,% 6pulent bungalo#s dotting the >>'acre landscape are but one sign of the economic surge% Around ,>>> people ha!e

found ,obs in ne# establishments, #hose founders #ere incenti!ised to set up shop by the e$cise e$emption policy of the 7nion go!ernment and the sales ta$ e$emption policy of the /u,arat go!ernment that came into effect in 2>> , augmenting the efforts of local 5utch leaders% Among the in!estors are leading corporates li(e 9ssar, 0arle, :/, Adani Anchor and 9uro Ceramics% Their areas are as di!erse as edible oil

processing, steel, ceramics, automobiles, consumer and electronic products,cement, fabric and co(e'processing% A part from the ta$ incenti!es, the credit for the boom goes largely to the 4armada dam #aters being channeled to the region% 6f the 2>> million litres made a!ailable to 5utch daily, nearly one'fourth goes to the industrial outfits% That figure is e$pected to shoot up once the height of the dam is raised% RThe change is going to be more pronounced in the days to come,R promises 0aresh .hah, a director at 9uro Ceramics #hich has set up a Rs 2>>'crore lu$ury tile manufacturing enterprise% RThe 5utch era has ,ust begun%R 4ensi .hah agrees% RAfter the industrial re!olution in 5utch, & e$pect a green re!olution in the ne$t fi!e years,R he enthuses%

EETR79 TI098 C60IEE

,10 1I'1 RO/. ,O R0CO&0RY

The 2>> earth1ua(e in /u,arat reduced human habitations to rubble% )ut #ith efficient planning and implementation of the reconstruction, ra!aged to#ns li(e )hu,, are springing bac( to life% )y 7day 2ahur(ar =ust three years ago, it seemed li(e a giant bulldo"er had come and ra"ed cities in /u,arat to the ground% &n the eerie silence amid the tumbled #alls and cruelly disrupted li!es, there #as only one thought% +ould the cities rise againS Today, the 1uestion has an ans#er% The cities ha!e arisen% And )hu, leads the #ay% 6n =anuary 2K, 2>> , K,?LK houses in )hu, #ere flattened by the 1ua(e% 4o#, people ha!e already mo!ed into 2,>>> ne# houses and another ,C>> #ill be completed in the ne$t t#o months% &n An,ar to#n, #here ,JJ houses #ere

destroyed, K2@ houses ha!e come up and construction of LL> is under #ay% &n )hachau to#n, #here L,C2> houses had collapsed, ,B?> houses ha!e been built and @L> are coming up% )hu, has a ne# loo( about it% =ust C months ago there #as nothing but fields in areas li(e Ra!al#adi, RT6, 2undra Road and .#aminarayannagar% Today houses ha!e sprung up% .mall but planned houses are being made by the 1ua(e'affected on

their o#n but these follo# the /o!ernmentPs de!elopment plan% As a result an altogether ne# city is coming up on the outs(irts of )hu,, #ith #ide roads and other facilities li(e gardens, a to#n hall and hospitals% )hu, is set to emerge as a modern to#n% 0eople, of course, ha!e conflicting !ie#s about the priorities of the rehabilitation schemes% 0ar!atiben =ani, #ho li!ed in a rented house before the earth1ua(e, has ,ust mo!ed #ith her three'member family into a ne#, ?L s1 m house in a colony of 2>> houses built for the 1ua(e affected by the 5utch 2ahila Fi(as .angathan, an 4/6, in )hu,Ps gidc 4agar% .ays =ani* RAs somebody #ho li!ed in rented 1uarters, & had a dream of building a house of my o#n one day% &ronically, the (iller 1ua(e made it possible%R Her happiness is contrasted #ith the comments of .unil Anam, a ban( official #ho has mo!ed into a ne# house in .#aminarayannagar% RHousing and housing' related infrastructural problems should ha!e ta(en priority o!er roads and gardens,R he says% R+hat good are roads if the 1ua(e 'affected continue to face problems on the housing frontSR Iet, the model of rehabilitation in 5utch has #on praise from e$perts #ho ha!e #or(ed in restoring 1ua(e'affected

settlements in =apan, the 7., Tur(ey and &ran% 2% /reene, a rehabilitation e$pert #ith the 9arth1ua(e 9ngineering Research &nstitute, 7., says the )hu, reconstruction is commendable%

R9!en a country li(e America #ould ha!e had problems #ith rehabilitation gi!en the magnitude of the challenge,R he says% &f an entirely ne# )hu, has come up on the outs(irts of the to#n, old )hu,, a congested, BL>'year'old to#nship #ith narro# lanes and dense population, too has undergone a change% Ta(e, for e$ample, the .araf )a"aar area #here the lane #as so narro# that it #as difficult for t#o cycles to cross each other% The authorities con!inced L>> odd shop o#ners that it #as necessary to #iden the lane (eeping in mind the possibility of a 1ua(e in the future and they should, therefore, allo# their shops to be sliced off% Today the road has been #idened% The /u,arat .tate 8isaster 2anagement Authority ;/.82A< has emerged as the (ey body in the rehabilitation of 5utch% &t in!ol!ed leading 4/6s and reputed bodies li(e the &&Ts and the Centre for 9n!ironment 0lanning in the process of

rehabilitation% As a result the approach to rehabilitation, unli(e at many other places, #as systematic and scientific% &t #as also people'focused, unli(e in :atur, #here people refused to mo!e into houses built by go!ernment contractors% The /.82A also opted for a public'pri!ate partnership% Than(s to this approach, CL per cent of rural 5utch has got rehabilitated% Ho#e!er, the tas( for the urban model #as Herculean by any yardstic(% 6!er J,>>> families had to be rehabilitated in the

four to#ns of )hu,, An,ar, )hachau and Rapar, #hich had

suffered the ma$imum damage in the 1ua(e% 0lus, there #as the problem of tenants #ho had no documents to support their claim for housing compensation% Fictims used !arious prete$ts to escape mo!ing to areas demarcated by the /o!ernment for rehabilitation% )ut the /o!ernmentPs organised approach yielded 1uic( results% +hile it ta(es > years to finalise a to#n planning

scheme in the &ndian en!ironment, the blueprint for )hu, #as ready in three years% +hat helped the rehabilitation process #as the posting last year of t#o official to implement the plans' Collector 0radip .harma, #ho is concentrating on

infrastructure, and )hu, Area 8e!elopment Authority ;)HA8A< Chief 9$ecuti!e 5%)% Than(i, #ho is focusing on housing, a segment #hich is still posing some problems% A sum of Rs B,>J> crore has been spent on the rehabilitation of 5utch #ith o!er Rs B>> crore going to )hu, alone% Appreciation of the rehabilitation #or( is accompanied by criticism% 2any 1ua(e !ictims say that the /o!ernmentPs priorities are #rong and that it should ha!e concentrated on housing first and then on infrastructure% )ut as F% Tiruppuga"h, ,oint C96, /.82A, puts it, R6n the housing front too #e ha!e done #ell, gi!en the magnitude of the challenge% +e made the to#nship plans and de!elopment plan for )hu, in a record time%

A people'dri!en approach in!ariably ta(es time to fall into place but it is al#ays lasting%R Another problem is ho# the )hu, ci!ic body #ill maintain this huge, almost fi!e'star infrastructure in a t#o'star city once the /o!ernment #ithdra#s% 6ne #ay of tac(ling the problem is to generate re!enue from some of the infrastructure pro,ects through prudent ta$ation% The income of )hu,Ps post'1ua(e Hill /arden, an e$tremely popular hill'top haunt #here )HA8A charges Rs 2 per person as entry fee does hold out this promise% Another approach is to create a reser!e maintenance fund% Then there are cases of #asteful e$penditure li(e the Rs ?2 crore hospital in )hu, #hich is too big not ,ust for the to#n but for entire 5utch% Iet there is a flip side to all this% Former prime minister Ra,i! /andhi famously said that only Rs L of any Rs >> allocated by the go!ernment for de!elopment reached the people% )ut loo(ing at )hu,, one could ,ust this once smile off the prime ministerial remar( as irrele!ant% EETR79 TI098 C60IEE

66C N03S

SOU,1 /SI/
2@ =anuary 2> :ast updated at 2>* 2 9T

'u(a)atH* a*to$i*hi$< )i*e f)oD )u##le of !!1 Iua%e

Ten years on from the huge earth1ua(e that ra"ed s#athes of &ndiaPs #estern state of /u,arat, the ))C finds the place transformed from a pile of rubble in a neglected bac(#ater into an economic po#erhouse% Ho#S 5utch is a remote region in the arid borderlands of north'#est &ndia% For centuries life #as brutally tough ' rains often failed, there #ere fe# ,obs and the enterprising #ould emigrate% Then in =anuary 2>> a magnitude se!en earth1ua(e struc(,

de!astating a huge area, flattening cities including the district capital, )hu,, and #rec(ing o!er C,>>> !illages% T#enty thousand people #ere (illed and more than a million others made homeless% Those #ho #itnessed the de!astation at the time must ha!e thought this #ould set bac( de!elopment by decades% There #as an outpouring of sympathy from around the #orld, much of it from /u,aratis li!ing abroad% .ome T ?>m ;UC>m< of aid poured in%

The &ndian go!ernment #as spurred into focusing on this much' ignored region in a #ay it had ne!er done before% The army #as sent in to help #ith the emergency and T2bn of reconstruction money #as allocated to the region% Contrary to #hat many feared, aid and go!ernment grants #ere put to good use% &n the first t#o years after the 1ua(e, nearly all the damaged !illages #ere rebuilt% 2ithapash!aria, near )hu,, is a small !illage that #as completely destroyed% &t #as re'built #ith donations from the 75% Families sho#ed us the ruins of their old dar( t#o'room house, and then too( us to the ne# !illage% Houses there #ere light and airy, #ith four rooms, running #ater and a toilet% The !illage also had a medical centre, a temple and communal areas it hadnPt en,oyed before% 4a!in 0rasad, of .e#a &nternational, a non'go!ernmental organisation, said that in !illage after !illage the reconstruction had produced a leap for#ard in de!elopment% R+e ha!e ta(en people out of the 2iddle Ages and into the modern #orld,R he said%

This progress #as repeated all o!er 5utch, and it is most noticeable in )hu,% After the earth1ua(e it #as a sea of rubble% RadiEal pla$* .hoc(ed and traumatised, residents fled, #ith many li!ing in temporary accommodation for months% &t too( se!eral years to implement plans for a completely ne# city% Houses had to be destroyed to ma(e #ay for #ider roads% Ten years on )hu, has been reborn% &t has t#o ne# ring'roads, an airport, par(s and thri!ing shops%0radeep .harma #as the go!ernment official #idely credited at the time #ith pushing through the radical plans% R+hat you see is a ne# )hu,,R he says% R+e ha!e #idened the roads, laid do#n #ater supply systems and underground drainage systems%R The success of the reconstruction effort could ne!er ha!e been sustained #ithout economic reco!ery%

This #as triggered by the &ndian go!ernment creating ne# ta$' free "ones, #hich spar(ed a boom in pri!ate in!estment% &t is thought T >bn has come into the region, #ith UJbn more to come% 6u*i$e** #ooD .ome ?>> companies ha!e established their businesses in 5utch and many more are 1ueuing up to follo# suit% 2undra is a microcosm of the scale of de!elopment% &t #as a small fishing port in the middle of a salt marsh before the earth1ua(e% 4o# itPs an industrial hub, handling hundreds of tonnes of goods e!ery day% The Adani group #hich o#ns the port is no# #orth TJbn% TheyP!e also bought a coal mine in Australia and container ships to bring the coal bac( to &ndia to feed the countryPs biggest po#er station% 2undra is e$pected soon to be bigger than the port at 2umbai% They are dra#ing on the ample supply of land and cheap labour% &n nearby !illages, the only #or( used to be in traditional crafts%

4o# there are thousands of ne# ,obs and Adani is ta(ing o!er the #or( of aid agencies% .ushma 6"a is a former aid #or(er #ho no# heads the Adani Foundation% 7o#* )evolutio$ R6ur o#n budget for social de!elopment in this region is TKm a year, so you can imagine ho# #e are trying to change the li!es of people to li!e in better #ay,R she says% 4ear An,ar, a city that #as de!astated by the earth1ua(e, the biggest to#el factory in the #orld #as set up by +elspun in ,ust nine months% &ts !ast mechanised looms #ea!e 2L>,>>> to#els a day% &t has ta(en o!er the )ritish company, ChristyPs, the official to#el'ma(er of the +imbledon :a#n Tennis Championship% The chairman of +elspun, )al(rishan /oen(a, says good local go!ernance #as (ey in choosing 5utch% RThere #ere no local ta$es for the first fi!e years and no e$cise duties% 4or #ere there indirect ta$es to go!ernment ' they #ere e$empted for fi!e years,R he says%

RThose #ere the primary benefits% 2ore than that there #as huge support from the local go!ernment so industry can come faster%R )eside the to#el factory, the ,a#s of the +elspun steel plantPs furnace spit out great slabs of metal% .ince the earth1ua(e, o!er >,>>> ne# ,obs ha!e been

created in 5utch, and there are thought to be hundred of thousands more on the #ay% +ith t#o years of good rainfall and #ith the B>>'(m ;2L>'mile< #ater pipeline from the 4armada Ri!er, the population is no# increasing as the ,ob opportunities increase% The region is no# a cornerstone of the &ndian economy, a fact almost unthin(able > years ago%

EETR79 TI098 C60IEE

/NN09UR0 PC0N,R/+ /.2INIS,R/,I&0 ,RI6UN/+ PRINCIP/+ 60NC1C N03 .0+1I O)i<i$al /ppliEatio$ No.49G !11 This the Jth day of April, 2> H64):9 .HR& =7.T&C9 F% 5% )A:&, CHA&R2A4 H64):9 .HR& :% 5% =6.H&, F&C9'CHA&R2A4 ;A< 8r% 5uldip 4% .harma, &0., 2anaging 8irector, /u,arat .heep and +ool 8e!elopment Corporation :imited, )loc( 4o% C, Lth Floor, 7dyog )ha#an, /andhinagar'?C2> %

Applicant

; )y .hri &% H% .yed #ith .hri Farinder 5umar .harma, Ad!ocates < Fersus % .tate of /u,arat through Additional Chief .ecretary, /o!ernment of /u,arat, Home 8epartment, .achi!alaya, /andhinagar'?C2> >% .hri Amit Anilchandra .hah, 2inister of .tate ;Home<, /o!ernment of /u,arat, Home 8epartment, .achi!alaya, /andhinagar'?C2> >% .hri 4arendra 8amordas 2odi, Chief 2inister, /o!ernment of /u,arat, .achi!alaya, /andhinagar'?C2> >% 8irector /eneral of 0olice,

2%

?%

B%

/u,arat .tate, 0olice )ha#an, /andhinagar'?C2> >% L% The 7nion of &ndia through .ecretary, /o!ernment of &ndia, 2inistry of Home Affairs, 4orth )loc(, 4e# 8elhi' >>> %

Respondents

;)y .hri Tushar 2ehta, Additional Ad!ocate /eneral #ith .hri Arun )hard#ah for Respondents for Respondents 2 O ?, Ad!ocates< OR.0R =ustice F% 5% )ali, Chairman* 8r% 5uldip 4% .harma, an officer of the &ndian 0olice .er!ice of /u,arat Cadre ; @JK batch<, the applicant herein, through present 6riginal Application filed by him ta(es strong e$ception to do#ngrading of his Annual Confidential Reports ;ACRs< for consecuti!e four years from 2>>?'>B to 2>>J'>C from outstanding to !ery goodon one single day by his accepting authority, #ho happens to be the Chief 2inister of the .tate% )efore #e may ad!ert to the pleadings made by the parties in the 6riginal Application and the counter replies filed on behalf of the respondents, #e may briefly mention the bac(ground of the case and the reason #hy it came to be transferred from the )ench in /u,arat at Ahmedabad to the 0rincipal )ench% 2% The applicant filed 6riginal Application 4o%BL of 2> > in He O BA .hri )hupender Iada!

the )ench at Ahmedabad see(ing multifarious reliefs%

complained of his posting as 2anaging 8irector, /u,arat .heep and +ool 8e!elopment Corporation :imited, /andhi 4agar, ta(ing him from the main stream and posting him out of his cadre% He also called in 1uestion the departmental en1uiry

initiated against him !ide memorandum dated B% 2%2>>@, and in the process denying him !igilance clearance for Central deputation% He also challenged the do#ngrading of the o!erall assessment in his ACRs for the period from 2>>?'>B to 2>>J' >C% An ob,ection came to be raised by the respondents as

regards maintainability of one petition #ith multifarious reliefs unconnected #ith each other% This ob,ection pre!ailed #ith the Tribunal% Aggrie!ed, the applicant filed a #rit petition, #hich #as dismissed #ith the obser!ation that the 6A could be confined to one relief, #hereas, as regards other reliefs, he could file separate 6As% That being so, the applicant confined 6A 4o%BLE2> > to challenge to the charge memo dated B% 2%2>>@, #hereas #ith regard to do#ngrading of his ACRs for the period aforesaid he filed 6A 4o%?? E2> > in the bench at Ahmedabad% 6ne of the 2embers, i%e%, Administrati!e

2ember, and there being only one at the rele!ant time a!ailable, recused himself from dealing #ith the cases filed by the applicant% =ustice +a,ahat Ali .hah, Honble =udicial %2> >

2ember presiding o!er the )ench, !ide order dated 2B%

referred the matter to the Chairman for constituting a )ench%

2ean#hile, the counsel representing the applicant, .hri &% H% .yed, addressed a letter to one of us ;F% 5% )ali, Chairman< to hear the matter in the 0rincipal )ench at 8elhi, as the only Administrati!e 2ember a!ailable in the )ench at Ahmedabad had e$pressed his inability to hear the matter% The letter #as ta(en on ,udicial side as a misc% application see(ing transfer of the matter from Ahmedabad to the 0rincipal )ench, and after issuing notice to the respondents, an order dated >% 2%2> > came to be passed transferring both the 6riginal Applications from the )ench at Ahmedabad to the 0rincipal )ench% +hereas 6A 4o%BLE2> > after transfer to the 0rincipal )ench came to be re'numbered as 6A 4o%BCE2> , 6A 4o%?? E2> > %

on such transfer has been re'numbered as 6A 4o%B@E2>

Against the order transferring the 6As to the 0rincipal )ench, a #rit came to be filed by the respondent .tate of /u,arat, #hich #as dismissed as #ithdra#n, #ith liberty to the .tate to file representation on administrati!e side% .uch representation #as indeed filed but #as re,ected as an order passed on ,udicial side could not be changed on administrati!e side% The

respondent .tate thereafter filed an application see(ing re!ie# of the order transferring the matter to the 0rincipal )ench, #hich, !ide detailed order dated 2%2%2> dismissed% , came to be

?%

The applicant in 6A 4o%B@E2>

pleads that he is a

decorated officer of the &ndian 0olice .er!ice of the /u,arat cadre, and for his meritorious and distinguished ser!ices, the /o!ernment of &ndia has a#arded him the 0olice medal and 0residents 2edal% &t is his case that he has an o!erall A summary of his o!erall ACR

outstanding ser!ice record%

gradings from @@L'@K to 2>>J'>C has been placed on records as Anne$ure A'2, from #hich it #ould be seen that almost all his reporting, re!ie#ing and accepting authorities ha!e consistently rated the applicant as an outstanding officer in the o!erall grading, and since @@L, all his ACRs ha!e been put up to the Chief 2inister for assessment% &t #ould be seen that all the Chief 2inisters till 2>>2'>? ha!e rated the applicant as outstanding% +e may not reproduce Anne$ure A'2 in the

,udgment, but #ould only say that #e ha!e gone through the same and that does sho# that the applicant has been graded as outstanding by all reporting, re!ie#ing and accepting authorities, e$cept for the ACR of @@C'@@ #herein he has been assessed as good by the reporting officer, but that #as upgraded to outstanding by the re!ie#ing authority, #hich upgradation #as accepted by the Chief 2inister, i%e%, the accepting authority% The applicant #as assessed as !ery good in 2>>>'> , but this report could not be assessed by the re!ie#ing and accepting authorities, inasmuch as, #hereas the

re!ie#ing authority had retired, the accepting authority had demitted the office% All other ACRs of the applicant are indeed outstanding, of course, e$cept those do#ngraded in respect of #hich present 6A has been filed% B% +hile gi!ing the bac(ground of the case, the applicant

pleads that he found from the #ebsite of the 2inistry of Home Affairs in .eptember, 2>>J that his ACRs for the years 2>>?' >B, 2>>B'>L and 2>>B'>K had not been for#arded, as per rules, to the /o!ernment of &ndia by the .tate /o!ernment% He

addressed a letter dated @%@%2>>J to the 0rincipal .ecretary ;Home<, re1uesting him to e$pedite the same% He also

enclosed a copy of the #ebsite of the 2inistry, #hich re!ealed the status of his pending ACRs% &t is pleaded that since the #or( pertaining to #riting of ACRs for the years 2>>?'>B, 2>>B' >L and 2>>L'>K had to be completed as per rules by ? % 2%2>>B, ? % 2%2>>L and ? % 2%2>>K respecti!ely, the time' limit stood grossly !iolated in the case of the applicant, and, therefore, !ide letter dated 22% >%2>>J the applicant dre# attention of the st respondent to the directions of the

/o!ernment of &ndia, 8epartment of 0ersonnel O Training ;860OT<, re1uesting that his ACRs for the aforesaid years be retrie!ed from the office of the Chief 2inister #ithout his ma(ing any remar(s as the accepting authority, and the same be for#arded to the /o!ernment of &ndia at the earliest% &t is the

case of the applicant that he #as gi!en to understand that the ACRs of three years mentioned abo!e along #ith the ACR for the year 2>>K'>J, #ere all finally recei!ed in the Home 8epartment from the C2s office on or about ?>E? % 2%2>>J% This #as after the pre!ious /o!ernment had demitted the office and the ne# one #as s#orn in on 2L% 2%2>>J% The ACRs #ere sent to the /o!ernment of &ndia in =anuary, 2>>C in one bunch% The applicant applied to the .tate /o!ernment under the Right to &nformation Act as(ing for copies of his ACRs for the last t#el!e years% 6n perusal of the information so recei!ed, the applicant found that the ?rd respondent, in one go, had do#ngraded his o!erall grading in four ACRs pertaining to the period from 2>>?'>B to 2>>J'>C from outstanding to !ery good% The applicant submitted a representation dated 2%?%2>>C to

the Chief .ecretary, /o!ernment of /u,arat, pointing out that the do#ngrading of ACRs by the ?rd respondent #as in !iolation of the All &ndia .er!ices ;Confidential Rolls< Rules, @J> ;hereinafter to be referred as the Rules of @J><, as also the directi!es issued by the 860OT% &n the said representation, the applicant inter alia pointed out that the action of the Chief 2inister in do#ngrading his ACRs #ould be improper and #ould deser!e to be set aside for the reasons mentioned therein% The representation of the applicant #as re,ected after (eeping the same pending for one year and nine months by the

st respondent, !ide letterEorder dated applicant had applied on 2%

% 2%2>>@%

The

%2>>@ under RT& Act to Home

8epartment, /o!ernment of /u,arat for information in respect of the timing and the channel of submission of the abo!e mentioned ACRs, besides copies of noting section of the files on #hich his ACRs #ere submitted to the Chief 2inister, as also the noting section of the file on #hich his representation dated 2%?%2>>C #as dealt #ith% The 0ublic &nformation 6fficer ;0&6< of the Home 8epartment pro!ided information !ide letter dated % 2%2>>@% As per the reply of the 0&6, the ACRs in

1uestion #ere, in chronological order, put up to the Chief 2inisters office on 2B%L%2>>L, 22%C%2>>L, 2J%@%2>>J and % >%2>>J% The 0&6, ho#e!er, did not supply to the applicant copy of the note sheet on #hich his ACRs #ere submitted to the C2s office, on the ground that ACRs of other officers #ere also submitted on the same file% &t is the case of the applicant that this #as not a !alid reason for denying to him copies of note sheets because gradings are not recorded on the note sheet, and thus no other officersinterest #ould be in!ol!ed, and that it #as !ery important for him for !erifying the date of C2s signature on it in !ie# of the rule about demitting office, as #ell as for chec(ing on discriminatory treatment meted out to him, and this #as because ;i< the date on #hich the C2 signed the ACRs #as not recorded by the C2 on the body of the ACRsA ;ii<

the information gi!en to the applicant by the 0&6 that the ACRs #ere recei!ed in the Home 8epartment from the C2s office on 2>% 2%2>>J, #as found suspicious by the applicant, as no basis for that had been pro!idedA and ;iii< the note sheets should ha!e the stamp of the C2s office as to #hen they had sent it to the Home 8epartment, #hich #ould also sho# #hether the C2 (ept all ACRs put up on the file inordinately pending or the applicant #as singled out for it% The applicant again #rote to the st respondent !ide letter dated L% %2> > for pro!iding the abo!e and other rele!ant information% He, ho#e!er, recei!ed no reply% &t is the case of the applicant that copies of note sheet recei!ed from the 0&6 #ould sho# that the 0. ;Home< initiated the note on 2%B%2>>C on his representation dated 2%?%2>>C% &t is pleaded that normally, notes are initiated not by the Head of the 8epartment but by the subordinate officers in'charge of the concerned branch, #hich is the depository of the rele!ant rules and records in the department, and further in his note the 0. ;Home< negated the grounds of the applicants representation, !i"%, that inordinate delay in the C2s office, and no specific fact or reason cited by the C2 for do#ngrading, #ere such as could be e$plained or remar(ed upon by the C2 himself% Ho#e!er, the 0. ;Home< did that by e$ post facto applying his mind on behalf of the C2% After a 1uery dated @%B%2>>C of the 2o. ;H< #as ans#ered by the /A8, the Chief .ecretary had put up the

file of the applicants representation to the 2o. ;Home< on C%B%2>>C, and the 2o. ;Home< #rote on the file on 2 %B%2>>C for discussion #ith the AC. ;/A8< and 0. ;H<% Thereafter, the ne$t note on the file is only after one and a half year on 2% >%2>>@ by 2o. ;H< himself, the 2nd respondent, #herein he has recorded that let us agree #ith the /A8, #ith nothing else about the discussion that he #anted to hold% The C2 had only signed belo# this note in the month of 4o!ember, 2>>@, #hereupon the applicants representation #as re,ected on grounds pro!ided by the 0. ;H<% &t is pleaded that this e$ post facto ,ustification by the 0.;H< of the delay in the C2s office and of the do#ngrading done by the C2 is not permissible, and moreo!er, it is clear that for no stated reason, on account of moti!es best (no#n to him, the 2o.;H< (ept the representation pending for C months and acti!ated it only in 6ctober, 2>>@% The timing of it around the applicants posting as 28, /..+C: and thereafter issuing him #ith the charge memo #ould be difficult to brush aside as a mere coincidence because the gro#ing unhappiness of the 2nd and ?rd respondents, is unmista(ably palpable in it, further a!ers the applicant% The applicant sent a memorial dated 2>% %2>>@ to the 0resident of

&ndia through the st respondent, #ith a re1uest to set aside the remar(s and grading of the ?rd respondent in his ACRs for the four years as mentioned abo!e% He #ould not (no# as to #hat

has happened to the memorial and belie!es that the same may still be pending% L% The applicant a!ers that do#ngrading of his four years

ACRs #ould deser!e to be declared as illegal, arbitrary and mala fide for the reason that the ACRs #ere remar(ed upon by the Chief 2inister after the prescribed time limit #as o!er, #hich #ould be against the mandatory pro!isions contained in rule KA of the Rules of @J>, #hereby the accepting authority is

re1uired to record its remar(s #ithin one month of the re!ie# of the ACR% The Cabinet .ecretary, /o!ernment of &ndia, !ide his 86 letter dated 2 %K%2>>L addressed to the Chief .ecretary, /o!ernment of /u,arat, had enclosed instructions regarding completion of the ACRs of All &ndia .er!ice officers, #hich contain a time schedule and the do#ngrading of ACRs is far beyond the period mentioned in the letter aforesaid, and that the do#ngrading of ACRs from outstanding to !ery good #as done in !iolation of 860OT letter dated @%B%2>>L, #hich states that &n any case #here an entry is do#ngraded or upgraded, the authority do#ngrading or upgrading the remar(s and o!erall grading should state, as part of the entry, the reasons for do#ngrading or upgrading #ith ade1uate ,ustification in accordance #ith the instructions on #riting of the ACR% There also ha!e to be specific reasons for do#ngrading of the ACRs of the applicant from outstanding to !ery good% All that has

been mentioned #hile do#ngrading the ACRs of the applicant is that &n !ie# of the o!erall performance of the officer, he may be graded Fery /ood% &t is the case of the applicant that for four years his reporting and re!ie#ing authorities #ere different and all of them ha!e graded him as outstanding and there #ere no reasons at all to do#ngrade him to !ery good, and if that #as to be done, there ought to ha!e been reasons for the same% &t is also his case that he has reasons to apprehend that the Chief 2inister had made the remar(s on his ACRs for the four years mentioned abo!e not on 2>% 2%2>>J, as informed by the st respondent, but has made the same after he demitted the office on 2B% 2%2>>J, a function #hich he could not perform as per rule KA of the Rules of @J>, !ide #hich he #ould not be competent as the accepting authority to accept and countersign any such confidential report, and #here the accepting authority is a /o!ernment ser!ant, after he retires from ser!ice, and in other cases, after he demits office% &t is the case of the

applicant that Assembly election results #ere declared on 2?% 2%2>>J% The follo#ing day the Chief 2inister demitted the office and the /o!ernment led by the same !ery Chief 2inister #as s#orn in on 2L% 2%2>>J% The Council of 2inisters #as formed on B% %2>>C% &t is pleaded that the ACRs in 1uestion reasonably seem to ha!e been #ritten after the Chief 2inister had demitted the office% The reasons as to #hy the applicant

apprehends as mentioned abo!e, ha!e been gi!en by him as follo#s* ;a< The ACRs in 1uestion #ere, the applicant belie!es, recei!ed in the Home 8epartment on or around ?>E? % 2%2>>J% ;b< Copies of these ACRs #ere sent to the /o!ernment of &ndia in =anuary, 2>>C% ;c< &n none of the Annual Confidential Reports the Chief 2inister put a date indicating #hen he accepted them% ;d< &f the Annual Confidential Reports in 1uestion #ere indeed accepted on 2>% 2%2>>J, they #ould ha!e certainly been sent to the Home 8epartment, as the latter had sent se!eral reminders to the Chief 2inisters office% 4ormally files #hich ha!e been dealt #ith, are ne!er (ept pending in the Chief 2inisters office, especially #hen the tenure of the /o!ernment is ending% +ell before the

election, the same are returned to the concerned department% The applicant also finds it odd that

Respondent 4o%?, had the time or the mindset to accept ACRs on 2>% 2%2>>J in the atmosphere of general election and forthcoming results% &n any case, the

information and records sought by the applicant !ide his letter dated L% %2> > #ill ma(e the things clear% This

Honble Tribunal may also call for the files and records from Respondent 4o% % K% From the facts as mentioned abo!e, the applicant pleads

that the same #ould disclose abuse of po#er by the ?rd respondent, assisted by the st and 2nd respondents, in the

manner and substance of the disposal of the representation of the applicant% &t is further the case of the applicant that it is 1uite ob!ious that the C2 could not ha!e reasonably remembered the ob,ecti!e facts of his performance during the last four years #hen he made his remar(s en bloc on his ACRs in the month of 8ecember 2>>J% The applicant also reasonably belie!es that the C2 singled him out by sitting on his ACRs during the entire tenure of the pre!ious /o!ernment headed by him, and that he did so to compel the applicant to accept his and 2nd respondents dictates, rather than to follo# the la# as a senior police officer% The applicant has gi!en details of some in!estigations made by him, and it is pleaded that as he #as not conducting in!estigations in the criminal matters as per the desires of the respondents, he #as !ictimi"ed% There #ould be no need to gi!e details of the instances gi!en by the applicant, as during the course of arguments .hri &% H% .yed, learned counsel representing the applicant, states that the applicant #ould not press at this stage personal mala fides of the

respondents in do#ngrading his ACRs, e!en though he #ould press for legal mala fides% J% 0ursuant to notice issued by this Tribunal, the

respondents ha!e entered appearance and filed separate replies% &nitially, the reply came to be filed on behalf of the respondents in the 6A filed by the applicant containing all reliefs, but after the applicant filed a separate 6A calling in 1uestion do#ngrading of his ACRs, separate replies ha!e been filed by the respondents% C% &n the reply filed on behalf of the st respondent, a

preliminary ob,ection has been raised% &t is pleaded that the applicant has in!o(ed ,urisdiction of this Tribunal under the pro!isions of the Act of @CL, and that this Tribunal is yet to

ad,udicate, in1uire into and ta(e a decision as to #hether the Application contains issues fit for either ad,udication or trial, and is yet to admit the same% The Tribunal, it is further pleaded, #ould ha!e ,urisdiction to summarily re,ect the Application filed under the Act, and that the affida!it in reply is being filed praying for e$ercise of po#ers by the Tribunal to summarily re,ect this Application% 2aintainability of the Application is also 1uestioned on the ground that the applicant has filed a statutory memorial before Her 9$cellency the 0resident of &ndia, and if the 6A is admitted, such proceedings #ould abate% The

learned

Additional

Ad!ocate

/eneral

representing

the

respondents #ould contend that #hen the applicant has filed a memorial, on #hich comments of the .tate /o!ernment has also been called for, the present 6A #ould not be maintainable, and it #ould be premature and, therefore, needs to be dismissed% There are ob,ections #ith regard to maintainability of the 6A on the ground of personal mala fides the pleadings ha!ing not been supported by proper affida!it, but inasmuch as the applicant has not pressed mala fides in see(ing the relief, there #ould be no need to ma(e any mention of such a!erments made in the counter reply% reproducing the grounds pleaded by 6n merits, after the applicant in

challenging the do#ngrading of his ACRs, it is inter alia pleaded that the main contention of the applicant on interpretation of statutory rules is #ith regard to alleged non'compliance #ith rule KA of the Rules of @J>% The time limit mentioned in the rule, it is stated, is not mandatory, and that the !ery ob,ect and purpose for #hich the concept of #riting, re!ie#ing and accepting ACRs is e!ol!ed, is to ensure that irrespecti!e of the cadre, the performance of each officer is e!aluated at three different le!els, and that depending upon the remar(s made in the ACRs, an officer can ta(e the satisfaction of his good #or( appreciated or can get an opportunity to impro!e his performance and can utili"e his full potential #hich is necessary

for efficient go!ernance and administration% &t is pleaded that considering the ob,ect and purpose for #hich the ACRs are framed, the time limit stipulated not only in rule KA of the Rules aforesaid, but the time limit in other rules is more directory than mandatory in nature% 9!en though, the term used in the rule is shall, but the same #ould not be mandatory as the conse1uences of not adhering to the time schedule ha!e not been pro!ided in the rules% &t is pleaded that the e$pression shall by the rule ma(ing authority e$ercising the delegated po#ers #ould not, per se, ma(e the pro!ision mandatory, !iolation #hereof renders the proceedings, actions or orders passed non est, and that #hene!er either a competent legislature or a rule ma(ing statutory authority intends to pro!ide for a mandatory pro!ision, #ith the clear intention for compliance mandatorily and intends the term shall to be interpreted in the mandatory form, such piece of legislation or subordinate legislation pro!ides for conse1uence of non' compliance of the said pro!ision% The term shall as used in rule KA, is intended to be understood as a guiding principle and re1uires to be read as may, not capable of being gi!en a mandatory character resulting into a situation #here a delay of one day after thirty days, as stipulated in rule KA, disentitles the accepting authority to loo( into the confidential remar(s of the reporting authority and the re!ie#ing authority% &t is pleaded

that it is an e$perience not only #ith respect to the .tate of /u,arat, but #ith respect to other .tate /o!ernments as #ell as Central /o!ernment also that rule KA, insofar as the prescription of time limit is concerned, has been understood, interpreted, implemented and applied as a directory pro!ision, and in most of the cases the reporting, re!ie#ing and accepting authorities ha!e recorded their respecti!e remar(s after the time limit stipulated in the aforesaid rules, and that the delay #hich has occasioned in the case of the applicant is neither an isolated case nor an action of discrimination e!en as per the case of the applicant, in !ie# of the fact that along #ith him, JJ ACRs of other 2? &0. officers #ere also pending before the accepting authority, i%e%, the ?rd respondent, #ith respect to different years, #hich #ere decided after the prescribed period stipulated in the aforesaid pro!ision% As regards demitting of the office by the Chief 2inister on 2B% 2%2>>J, it is pleaded that JJ ACRs of 2? &0. officers #ere recei!ed from the office of C2 in the Home 8epartment on 2>% 2%2>>J, including that of the applicant, #hich fact is contemporaneously recorded in the official records of the .tate /o!ernment% The remar(s of the accepting authority in the aforesaid ACRs #ere, therefore, clearly recordedEmade by the ?rd respondent prior to 2>% 2%2>>J% The Chief 2inister, it is pleaded, after declaration of the results of the elections to the :egislati!e Assembly, on

2?% 2%2>>J submitted his resignation on 2B% 2%2>>J and formed ne# /o!ernment as per the ne# mandate and too( oath of the office of Chief 2inister on 2L% 2%2>>J, and, therefore, it #ould be factually incorrect to contend that the remar(s of the accepting authority are made after he demitted the office% A copy of the contemporaneous endorsement made at the time of recei!ing the ACRs from the office of the Chief 2inister on 2>% 2%2>>J has been placed on record and mar(ed as Anne$ure R'2 to the reply% &t is further pleaded that on the same !ery day and simultaneously, the office of the st

respondent recei!ed ACRs of other 22 senior le!el &0. officers, and, therefore, the allegations made #ith reference to the ?rd respondent ha!ing made the remar(s under rule KA of the Rules of @J> after demitting the office, are based on mere

surmises and con,ectures and #ould be thus incorrect and false as per the record of the .tate /o!ernment% &t is further pleaded that e!en if the case of the applicant is e$amined hypothetically accepting it to be true for the sa(e of argument to the effect that the Chief 2inister ga!e accepting remar(s after he demitted office, then also the action #ould not be contrary to rules, inasmuch as, as per e$planation under rule KA;2< of the Rules of @J> he cannot be treated as ha!ing demitted the office if he continues to be a minister in the council of ministers #ithin a different portfolio or in the council of ministers immediately

reconstituted after the pre!ious council of ministers of #hich he #as minister #ith the same or a different portfolio% As regards the do#ngrading of the ACRs and there being no reasons therefor, it is the case of the respondent that it is a 1uestion of la#, and there is no statutory or other pro!ision #hich re1uires the accepting authority to record elaborate reasonsA #hat is statutorily re1uired of the accepting authority is to record its remar(s on the confidential reportsA and in case of All &ndia .er!ice officers holding senior positions, #hen the

administrati!e elected head of the .tate !i"% Chief 2inister himself is the accepting authority, he may ma(e his assessment based upon his personal e$perience and ob,ecti!e o!erall assessment of the concerned officer and may not gi!e elaborate reasons #hich may ha!e the potential effect of demorali"ing an officer% .econdly, 8%6% letter dated 2@%B%2>>L is neither a statutory pro!ision, being part of any Act of competent legislature, nor is a piece of delegated legislation being part of the Rules% 4onetheless, the said 8%6% letter also merely says that the respecti!e authorities should not merely #rite & agree or & disagree% The accepting authority in the

instant case, it is pleaded, has considered the o!erall performance of the applicant based upon #hich the said authority has recorded its remar(s as re1uired under rule KA; < of the Rules of @J>, and, therefore, it #ould not be correct to

contend that no reasons are assigned% &t is then pleaded that by changing the remar(s from outstanding to !ery good #ould not ma(e any difference to the case of the applicant, as for promotion the benchmar( is !ery good% Receipt of the

representation made by the applicant against the do#ngrading of his ACRs is accepted, and in that regard, it is pleaded that the same #as put up before the st respondent #ho put up a note dated 2%B%2>>C% After perusing the said note, the =oint .ecretary, /A8, made his obser!ations% The 2o. ;Home< also sought further clarification from the /A8 ;/eneral

Administration 8epartment<, the department #hich deals #ith ser!ice matters of A&. officers% points !ide its note dated /A8 thereafter clarified the

>%2%2>>C, and ultimately both 2nd

and ?rd respondents, considering the !ie#s e$pressed by the concerned department, concurred #ith the !ie# of the /A8% As per the /u,arat /o!ernment Rules of )usiness, @@> and

orders of channel of submissions, all matters thereunder affecting the All &ndia .er!ices and posts ha!e to be put up before the Chief 2inister through /A8, and the representation of the applicant had to be decided by the Chief 2inister as per the doctrine of necessity% The allegation of personal mala fides said to be entertained by respondents 2 and ? ha!e been denied, but there #ould be no need to ma(e a mention of the same%

@%

Respondents 2, ? and B ha!e filed separate replies, but

as nothing based thereon has been urged during the course of arguments, there #ould be no need to ma(e a reference of the pleadings made therein% >% +e ha!e heard the learned counsel representing the

parties and #ith their assistance e$amined the records of the case% 9!en though, it has been pleaded that the Tribunal #ould ha!e ,urisdiction to summarily re,ect the Application filed under the Act of @CL, and the same needs to be summarily re,ected, no arguments in that regard ha!e been raised during the course of hearing% The preliminary ob,ection as regards maintainability of the present 6A, the same being premature, as the memorial filed by the applicant, for #hich pro!ision e$ists in the Rules, to the 0resident of &ndia, is yet to be decided, is, ho#e!er, seriously pressed% .hri Tushar 2ehta, learned Addl% Ad!ocate /eneral #ould contend that this Tribunal may dismiss this 6A as the applicant under the statutory rules has a!ailed the remedy of filing memorial against the do#ngrading of his ACRs, #hich is pending% &t is urged that this Tribunal may not

entertain the 6A and rather dismiss the same for the applicant ha!ing e$hausted the alternati!e remedy #hich has not culminated into any order as yet, and as such the 6A #ould be premature%

+e ha!e gi!en our an$ious thoughts to the contention

raised by the learned Addl% Ad!ocate /eneral, but find no substance therein% &n !ie# of pro!isions contained in .ection @ of the Act of @CL, a person aggrie!ed by any order

pertaining to any matter #ithin the ,urisdiction of the Tribunal may ma(e an application to the Tribunal as to redressal of his grie!ances% As per sub'section ;B< of .ection @, #hen the

application is admitted by the Tribunal, all proceedings under the rele!ant ser!ice rules as to redressal of grie!ances in relation to the sub,ect'matter of such application pending immediately before such admission shall abate, and sa!e as other#ise directed by the Tribunal, no appeal or representation in relation to such matter shall thereafter be entertained under such rules% 9!en though, technically, the 6A may not ha!e been admitted by specifically so saying, but once the same has not been summarily re,ected and notice has been issued, it shall be deemed to ha!e been admitted% The Tribunal has

,urisdiction to summarily re,ect an application after recording its reasons, in !ie# of sub'section ;?< of .ection @% .urely, the Tribunal has not dismissed the 6A summarily and has rather issued notice, #hich #ould be admission of the 6A, e!en though not so specifically stated% :engthy arguments ha!e

been heard from both sides% The proceedings initiated or ta(en by the applicant under the rele!ant ser!ice rules as to redressal

of his grie!ances in relation to sub,ect'matter of the present 6A, #hich #ould include, memorial to the 0resident as #ell, immediately pending before the admission, shall, therefore, abate in !ie# of pro!ision contained in sub'section ;B<% 4o

doubt, the Tribunal could direct disposal of the memorial, but it is not necessary to do so% 0endency of the memorial #ould be of no meaning and conse1uence, as on admission of the 6A, the same shall abate% &n !ie# of pro!isions contained in

.ection 2> of the Act, the Tribunal is not to ordinarily admit an application unless it is satisfied that the applicant had a!ailed of all the remedies a!ailable to him under the rele!ant ser!ice rules as to redressal of grie!ances% There is no bar as such so as not to entertain an application if the applicant may not ha!e e$hausted the remedy pro!ided to him under ser!ice rules as to redressal of grie!ances% ordinarily% The #ord used in the statute is

That apart, the do#ngrading of the ACRs of the The applicant filed the

applicant #as done on 2B% 2%2>>J% memorial on 2>%

%2>>@, #hich has not been decided till date%

&n !ie# of pro!isions contained in .ection 2>;2<;b<, a person shall be deemed to ha!e a!ailed all remedies a!ailable to him under the rele!ant ser!ice rules as to redressal of his grie!ances, if he has filed an appeal or made a representation and the same has not been decided for a period of si$ months% &ndeed, the memorial filed by the applicant has not been

decided for a period of si$ months and, therefore, he can #ell be said to ha!e e$hausted all alternati!e remedies before approaching this Tribunal by filing the 6A% &n !ie# of pro!isions contained in .ection 2 , if the applicant #as not to prefer the present 6A #ithin a year of e$piry of si$ months from the date he made the memorial, the same #ould ha!e been barred by limitation% The memorial, as mentioned abo!e #as preferred by the applicant on 2>% %2>>@% The same, as mentioned abo!e,

has not been decided till date% &f the applicant #as to a#ait the decision of the memorial and then to file the 6A, the respondents #ould ha!e raised an ob,ection that the same #ould be barred by time% &n !ie# of pro!isions contained in the Act of @CL, as mentioned abo!e, and in the facts and

circumstances of the case, present 6A cannot be dismissed for the applicant not to ha!e e$hausted alternati!e remedies a!ailable to him, or for the reason that it is premature% 2% )efore #e may touch upon the core contro!ersy in issue,

#e may mention that .hri 2ehta, the learned Addl% Ad!ocate /eneral, urged that the applicant cannot be an aggrie!ed person so as to (noc( at the doors of this Tribunal, as, at the most, his ACRs ha!e been do#ngraded from outstanding to !ery good, and inasmuch as, there cannot be any embargo for the applicant in the matter of his further promotion, as e!en the !ery good ACRs #ould entitle him to any promotion, and,

therefore, he is not ad!ersely affected, the 6A needs to be summarily re,ected% The fact that the ACRs of the applicant ha!e been do#ngraded from outstanding to !ery good is not in dispute% :earned counsel representing the applicant #ould

dispute the benchmar( for promotion as only !ery good% &n that regard, reference is made to a representation dated 2@%J%2>>@ made by one Finod 5% 2all, .ecretary, &0. Association, #hich is addressed to the Additional Chief .ecretary, Home 8epartment, /o!ernment of /u,arat, #herein it is inter alia mentioned that by con!ention, the re1uirement has no# become to obtain at least three outstanding ACRs for promotion of &0. officers% 6n the basis of the representation aforesaid, it is said that the re1uirement for promotion of &0. officers is no# to obtain at least three outstanding ACRs, #hereas others may be only !ery good% +e #ould not li(e to go into this 1uestion for lac( of ade1uate material before us% Ho#e!er, the

contention of .hri 2ehta as noted abo!e, in our considered !ie#, has no merit% &t is indeed true that the first an$iety of e!ery /o!ernment employee is to get promotions in time and supersession by ,unior becomes a matter of great heart burning, the pangs of #hich may not go for the rest of the life of the employee% Ho#e!er, promotion is not the only desire of a /o!ernment ser!ant% .ince #e are dealing #ith the case of an &0. officer, #e #ill ma(e a mention of a!enues open to them, in

addition to their promotion in the ordinary channel% )efore #e may, ho#e!er, do that, #e may mention that in the case of the applicant himself, the Central /o!ernment had informed the .tate /o!ernment that he #as being considered for

appointment at the le!el of =oint .ecretary in the /o!ernment of &ndia% &f the applicant #as to go to the Centre, he #ould ha!e gone on deputation% The state /o!ernment #rote a letter to the applicant on J%?%2>>C informing him that he #as being

considered for Central deputation and as(ed for his #illingness% The applicant intimated to the .tate /o!ernment his #illingness to be appointed at the le!el of =oint .ecretary on ?%B%2>>C%

The 0rincipal .ecretary ;Home< endorsed that the applicant may be considered for Central deputation on 2B%B%2>>C% A

similar endorsement #as made by the Chief .ecretary #hen the file #as put up to the 2o.;Home< on ?>%B%2>>C% The

applicant #as called by the 0rincipal .ecretary ;Home< and the then 8/0, #ho, it is the case of the applicant, persuaded him to decline Central deputation, on ho#e!er, sent a reminder on >%K%2>>C% The applicant,

K%K%2>>C to the .tate

/o!ernment to con!ey his consent to the Central /o!ernment% &t is thereafter that the applicant recei!ed a sho# cause notice proposing to chargesheet him on K%K%2>>C itself% These facts #e ha!e pic(ed up from 6A 4o%BCE2> % +e may no# proceed

to mention that an &0. officer may be desirous, and in fact and

indeed, the applicant #as desirous of going on Central deputation at =oint .ecretary le!el% That is not the only a!enue open to an &0. officer% He can be deputed to organi"ations li(e, &), C)&, RA+ etc% as #ell% 4umber of &0. officers #ould desire their deputation in these organi"ations% .uch officers #ho may come on deputation to RA+ are also considered and deputed e!en against some foreign assignments% Those #ho come to RA+ are e!en eligible to become First and .econd .ecretaries in &ndian 2issions abroad% There are number of assignments #ithin and out of the country #here an &0. officer may be eligible and #here be may be desirous to go% For

Central deputation, the same benchmar( as may be applicable for promotion, is not the criteria% As per con!ention in !ogue, #e are gi!en to understand that out of ten, nine ACRs ha!e to be outstanding% Further, it is the comparati!e merit of a

candidate !ying for such posts #hich becomes the deciding factor% .urely and definitely, one #ith the outstanding record #ould be preferred o!er those #ho may ha!e only !ery good or good record% The applicant #ith do#ngraded ACRs #ould not be preferred o!er those #ho may ha!e better record than him, thus impeding his deputation to these prestigious An o!erall

institutionsEorgani"ations, or to the Centre%

outstanding record #ould be rele!ant e!en after retirement of an &0. officer% +e #ould not (no# as to in #hat Commissions

or Tribunals &0. officers are eligible for appointment during or after their retirement% +hat immediately comes to our notice is that a high ran(ing &0. officer #ho may come at the le!el of .ecretary or Additional .ecretary #ould be eligible to be an Administrati!e 2ember of the Central Administrati!e Tribunal% .election in such Commissions or Tribunals goes by merit by considering the comparati!e merits of the candidates and not by the benchmar( of !ery good as may be re1uired for promotion in the hierarchy of the posts in the ser!ice% 8o#n#ard ser!ice graph of the applicant #ould be an impediment in his #ay for Central deputation as also deputation in organi"ations as mentioned abo!e, as also for foreign assignments, and for selection on prestigious posts in Commissions and Tribunals% &t cannot, therefore, be said that the applicant is not aggrie!ed from do#ngrading of his ACRs from outstanding to !ery good% ?% 8o#ngrading of the ACRs of the applicant for the years

2>>?'>B to 2>>J'>C has admittedly been done on the same day, i%e%, 2B% 2%2>>J% &t is not in dispute that the applicant has outstanding ser!ice credentials% All his ACRs from @@L'@K

on#ards are outstanding, e$cept only one #hich is !ery good, recorded only by the reporting officer% The said report ne!er came to be assessed by the re!ie#ing and accepting authorities as already mentioned abo!e% The ACRs of the

applicant for consecuti!e four years as mentioned abo!e ha!e been do#ngraded on the same day, i%e%, 2B% 2%2>>J% The main plea raised in support of the 6A is that the accepting authority as regards the ACRs has necessarily to re!ie# and record its remar(s on the confidential report, #hich may be

acceptedEmodified, as is considered necessary, and the report has to be countersigned #ithin one month% Rule KA; < of the Rules of @J> reads as follo#s*

KA% Acceptance of the confidential report' ; < The accepting authority shall #ithin one month of the

re!ie#, record his remar(s on the confidential report and may accept it, #ith such modifications as may be considered necessary, and countersign the report% 0ro!ided that this re1uirement may be dispensed #ith in such cases as may be specified by the /o!ernment, by general or special order* 0ro!ided further that #here the accepting authority has not seen the performance of any member of the .er!ice for at least three months during the period for #hich the confidential report has been #ritten, it shall not be necessary for the accepting authority to accept any such report% 46T9%An entry to this effect shall be made in the confidential report%

The applicant, in addition to rule KA of the Rules of @J>, also places reliance upon a letter dated 2 %K%2>>L #ritten by the Cabinet .ecretary, /o!ernment of &ndia to the Chief .ecretary, /o!ernment of /u,arat, accompanied by instructions for completion of ACRs of All &ndia .er!ice officers% &n the letter aforesaid, it has been mentioned that 860OT had prescribed a time schedule for furnishing the ACR forms to the members of the .er!ice reported upon, completion of self'assessment and #riting of report by the reportingEre!ie#ing and accepting authorities, !ide letter dated 2K%L% @CC, but the ACRs are fre1uently recei!ed considerably late% &t is mentioned that there is need for timely completion of ACRs of members of the .er!ices in order to streamline the process of recording of the ACRs, and that the e$isting instructions ha!e suitably been re!ised% +e #ould ma(e a mention of the instructions

hereinafter% B% +hereas, the learned counsel representing the applicant

#ould contend that the pro!isions contained in rule KA of the Rules of @J> follo#ed by instructions dated 2K%L% @CC

con!eyed !ide letter dated 2 %K%2>>L are mandatory, .hri 2ehta, the learned Addl% Ad!ocate /eneral representing the respondents, #ould contend that e!en though the #ord

shallmay ha!e been used in the rule, and the instructions may also suggest a time limit, the same #ould be directory% L% The All &ndia .er!ices ;Confidential Rolls< Rules, @J>,

came into being in e$ercise of the po#ers conferred by sub' section ; < of .ection ? of the All &ndia .er!ices Act, @L %

2ember of the .er!icemeans a member of an All &ndia .er!ice as defined in .ection 2 of the Act of @L , in !ie# of rule 2;d< of the Rules aforesaid% Admittedly, the applicant is a member of an All &ndia .er!ice as defined in .ection 2 of the Act of @L , and, therefore, the Rules of @J> are applicable to him% These Rules are e$clusi!ely as regards maintenance, custody and recording of confidential reports by different authorities% &n !ie# of pro!isions contained in rule L; <, a confidential report assessing the performances, character, conduct and 1ualities of e!ery member of the .er!ice shall be #ritten for each financial year, or calendar year, as may be specified by the Central /o!ernment ordinarily #ithin t#o months of the close of the said year% 0ro!iso to the said sub'rule may not be rele!ant as the same deals #ith such members of the .er!ice #hose confidential reports may not be recorded for the time being% 9!en in case of a member of the .er!ice #ho may relin1uish the charge of the post, his ACR has to be recorded ordinarily #ithin one month thereafter, as per pro!isions contained in rule L;2<% &n !ie# of rule L;L<, #here the authority #riting the

confidential report under sub'rule ;2< or sub'rule ;B< of rule L, retires from ser!ice, the confidential report shall be #ritten not later than one month of the date of such retirement% &n !ie# of pro!isions contained in rule K, the re!ie#ing authority shall, #ithin one month of the receipt of the confidential report, record his remar(s on the said report% .ub'rules ; <, ;2< and ;L< of rule L and rule K, are reproduced belo#*

L% Confidential reports ; < A confidential report assessing the performances, character, conduct and 1ualities of e!ery member of the .er!ice shall be #ritten for each financial year, or calendar year, as may be specified by the /o!ernment ordinarily ;emphasis supplied< #ithin t#o months of the close of the said year% L;2< A confidential report shall also be #ritten #hen either the reporting authority or the member of the .er!ice reported upon relin1uishes charge of the post, and, in such a case, it shall be #ritten at the time of the relin1uishment of his charge of the post or ordinarily ;emphasis supplied< #ithin one month thereafter* 0ro!ided that a confidential report may not be #ritten in such cases as may be specified by the Central /o!ernment, by general or special order%

L ;L< +here the authority #riting the confidential report under sub'rule ;2< or sub'rule ;B< of this rule retires from ser!ice, the confidential report shall ;emphasis supplied< be #ritten not later than one month of the date of such retirement% K% Re!ie# of the confidential report K; < The re!ie#ing authority shall ;emphasis supplied<, #ithin one month of the receipt of the Confidential Report, record his remar(s on the said report% 0ro!ided that this re1uirement may be dispensed #ith in such cases as may be specified by the /o!ernment, by general or special order% K;2< +here the report is #ritten by the re!ie#ing authority under sub'rule ;B< of rule L, or #here the re!ie#ing authority has not seen, and the accepting authority has seen, the performance of a member of the .er!ice for at least three months during the period for #hich the confidential report is #ritten, the confidential report of any such member for any such period shall be re!ie#ed by the accepting authority, ordinarily ;emphasis supplied< #ithin one month of its being #ritten% K;?< &t shall not be competent for the re!ie#ing authority, or the accepting authority, as the case may be, to re!ie# any such confidential report unless it has seen the performance of the member of the .er!ice for at least three months during the period for #hich the report has been #ritten, and in e!ery such

case an entry to that effect shall be made in the confidential report% K;B< 4ot#ithstanding anything contained in sub'rules ; < and ;2<, it shall not be competent for the re!ie#ing authority or the accepting authority, as the case may be, to re!ie# any such confidential report' ;a< #here the authority re!ie#ing the confidential report is a

/o!ernment ser!ant, after one month of his retirement from ser!ice, and ;b< in other cases, after one month of date on #hich he

demits office% 9$planation*For the purpose of this rule, a 2inister shall not be treated as ha!ing demitted office if he continues to be a 2inister in the council of 2inisters #ith a different portfolio or in the Council of 2inisters immediately reconstituted after the pre!ious Council of 2inisters of #hich he #as 2inister #ith the same or a different portfolio% K% The instructions issued by the Cabinet .ecretary !ide his

co!ering letter dated 2 %K%2>>L, #hich ha!e been sent to all Chief .ecretaries, including Chief .ecretary of /o!ernment of /u,arat, prescribe a time schedule for furnishing ACR forms to the members of the .er!ice reported upon, completion of self' assessment and #riting of report by the reportingEre!ie#ing and accepting authorities% The re!ised instructions accompanying

the letter aforesaid clearly stipulate that if an ACR relating to a financial year is not recorded by ? st 8ecember of the follo#ing year, no remar(s shall be recorded thereafter, and the member of the .er!ice #ill be assessed based on the o!erall record and self'assessment of the year concerned, if he had gi!en his self' assessment in time% .uffice it to say at this stage that a time' schedule for self'assessment, reporting, re!ie#ing and

acceptance has been specified% J% From the pro!isions of rules it #ould be made out that

there is a clear distinction in the rules as regards the time' schedule for e!erything% 8ifferent language has been used in different rules as reproduced abo!e% +hereas, #ith regard to some areas, adherence to the time'schedule is ordinarily, as regards others it is not later than the specified time or ha!e to be or shall be #ithin the prescribed time% 0rima facie it may appear from reading of different rules that #here!er there is scope for going beyond the stipulated period, the same is mentioned, and that being so, it #ould appear that #here!er the #ords shall or not later than ha!e been used, there #ould be no scope to go beyond the stipulated period% Ho#e!er, the

contention raised by .hri 2ehta may yet ha!e merit inasmuch as, there are no conse1uences pro!ided for not stic(ing to the time'schedule mentioned in the rules, and, therefore, use of #ords li(e shall or not later than may not be treated as

mandatory and be treated as directory% +e may also accept the contention of .hri 2ehta that the use of #ords may and shall to be directory or mandatory, is not conclusi!e, and in the conte$t of the facts and circumstances of the case, the #ord may may be read as shall and shall may be read as may% &n that regard, .hri 2ehta places reliance upon some ,udicial precedents, #hich may need reference% C% The Honble .upreme Court in 2adhya 0radesh .tate .CC ;:O.<

9lectricity )oard O another ! .% 5% Iada! M;2>>@<

?L?N held that it is #ell settled principle of la# that #here a public authority is re1uired to pass an order in terms of the statute #ithin a period stipulated therefor, non'compliance #ould not !itiate the ultimate order% The facts of the case

re!eal that the #or(man had gone on lea!e% 0ara C;b< of the standing order re1uired order to be passed as regards grant or refusal of lea!e, #hich #as re1uired to be communicated #ithout delay% 0ara C;b< of the standing order reads as follo#s* C% ;b< An employee #ho desires to obtain lea!e of absence shall apply to the manager or the officer authori"ed by him% &t shall be duty of the manager or the officer to pass orders thereon on t#o days in a #ee( fi$ed for the purposeA pro!ided that, if the lea!e as(ed for is of an urgent nature i%e% commences on the date of the application or #ithin three days

thereof, orders for the grant or refusal of lea!e shall be communicated #ithout delay% +hile dealing #ith para C;b< of the standing order, it #as obser!ed that the application filed by the #or(man #as re1uired to be considered and order thereon should ha!e been passed #ithin the period specified therein% There #ere no

conse1uences pro!ided in the standing order if the order #as not to be passed #ithin the stipulated time, and that being so, the time stipulated #ould be only directory and not mandatory% +e may 1uote the rele!ant obser!ations made by the Honble .upreme Court, #hich read as follo#s* @% &t is no# a #ell'settled principle of la# that #here a public

authority is re1uired to pass an order in terms of the statute #ithin a period stipulated therefor, non'compliance #here#ith #ould not !itiate the ultimate order, must be held to be directory in nature and not imperati!e% &n 8inesh Chandra 0andey ! High Court of 2adhya 0radesh O another M;2> >< .CC L>>N, it #as held that the use of the

#ords shall and may not al#ays be decisi!eA it #ould depend upon facts of the case, con,uncti!e reading of the pro!ision #ith other pro!isions, purpose sought to be achie!ed and ob,ect behind implementation of the pro!ision% The facts of the case re!eal that it #as a case of departmental en1uiry, #here in !ie#

of rule B;C< of 2%0% Ci!il .er!ices ;Classification, Control and Appeal< Rules, @KK, a go!ernment ser!ant could ta(e the

assistance of any other go!ernment ser!ant to present the case on his behalf, but may not engage a legal practitioner for the purpose unless the presenting officer appointed by the disciplinary authority #as to be a legal practitioner% The

e$pression may, it #as held, could not be read as shall% +hile dealing #ith the issue, it #as obser!ed as follo#s* L% The courts ha!e ta(en a !ie# that #here the e$pression

shall has been used it #ould not necessarily mean that it is mandatory% &t #ill al#ays depend upon the facts of a gi!en case, the con,uncti!e reading of the rele!ant pro!isions along #ith other pro!isions of the Rules, the purpose sought to be achie!ed, and the ob,ect behind implementation of such a pro!ision% This Court in .arla /oel ! 5ishan Chand ;2>>@< J .CC KLC, too( the !ie# that #here the #ord may shall be read as shall #ould depend upon the intention of the legislature and it is not to be ta(en that once the #ord mayis used, it per se #ould be directory% &n other #ords, it is not merely the use of a particular e$pression that #ould render a pro!ision directory or mandatory% &t #ould ha!e to be interpreted in the light of the settled principles, and #hile ensuring that intent of the Rules is not frustrated%

The .upreme Court #hile holding so, also too( into consideration its ,udgment in 2alaysian Airlines .ystems )H8 ;&&&< ! .tic Tra!els ;0< :td% M;2>> < @% .CC L>@N%

+e ha!e gi!en our thoughtful consideration to the ri!al

contentions raised by the learned counsel representing the parties% &t appears to us that depending upon the facts and circumstances of the case, the language of the statute and the purpose of legislation, #hereas, the #ord may used in the statute may be mandatory, the use of the #ord shall may be directory% 4ormally, #hen conse1uences of non'compliance

are not pro!ided in the statute, the #ord shallmay not be interpreted as mandatory% Further, as mentioned abo!e, as

also held by the Honble .upreme Court in 8inesh Chandra 0andey ;supra<, as to #hether the use of the #ord shall in the statute may be directory or not, #ould depend upon the facts of a gi!en case, con,uncti!e reading of the pro!ision #ith other pro!isions, purpose sought to be achie!ed and the ob,ect behind implementation of the pro!ision% &nsofar as, the rules are concerned, the conse1uences of not adhering to the time schedule for reporting, re!ie#ing and accepting the ACRs ha!e not been pro!ided% &n !ie# of the instructions that ha!e,

ho#e!er, been issued, ad!erted to abo!e, CR form is to be gi!en to the officer reported upon by st April% The time

schedule for the officer reported upon for completing part'&& of

the CR form has been fi$ed as ?>th April, #hereas the said schedule for the reporting officer to complete the CR is ? st 2ay% The time schedule for the re!ie#ing authority to complete the CR is #ithin one month of receipt, #hereas the same for the accepting authority is also #ithin one month of its receipt% The completed ACRs ha!e to reach the cadre controlling authority by ? st August% &f the same are not recei!ed, the said authority #ould prepare a list of ACRs not recei!ed and follo# up the matter #ith the .ecretaries of the concerned 2inisters and the Chief .ecretaries of the respecti!e .tates% 4odal officers ha!e to be appointed to ensure that the ACRs of the members of .er!ice, duly completed, are sent to the cadre controlling authority #ithin the stipulated time, i%e%, ? st August e!ery year% The .tate /o!ernments in are charge to of designate 0rincipal

.ecretaryE.ecretary

0ersonnelE/eneral

Administration 8epartment as nodal officers% They shall send a list each of the members of .er!ice #hose ACRs are to be #rittenEre!ie#ed and accepted to the concerned

reportingEre!ie#ingEaccepting authorities by

Lth April e!ery

year to enable them to ensure completion of ACRs #ithin the time schedule% 4odal officers ha!e to also ensure that ACRs of the earlier years, #hich are presently pending #ith the reportingEre!ie#ingEaccepting authorities, are completed and sent to the cadre controlling authorities by ?>th =une, 2>>L

positi!ely% This part of the instructions, i%e%, pertaining to earlier ACRs #hich may not ha!e been completed, #ould e$haust in the year 2>>L, as the instructions came into being in the said year% &nsofar as the ACRs for the years subse1uent to 2>>L are concerned, the time schedule has been prescribed as mentioned abo!e% &f an ACR relating to a financial year is not recorded by ? st 8ecember of the follo#ing year, no remar(s shall be recorded thereafter, and the member of the .er!ice #ill be assessed based on the o!erall record and self'assessment of the year concerned, if he had gi!en his self'assessment in time% The reporting officer has to record his comments in the ACR of the officer reported upon #ithin the stipulated time and send it to the re!ie#ing officer, and in case the reporting officer fails to submit the ACR to the re!ie#ing officer #ithin the stipulated period, the nodal officer shall send a copy of the self' appraisal direct to the re!ie#ing officer authori"ing him to initiate the ACR, and shall also (eep a note of the failure of the reporting officer to submit the ACR of his subordinate in time for an appropriate entry in the ACR of such reporting officer% &f the re!ie#ing officer may also fail to submit the ACR to the ne$t higher authority #ithin the stipulated period, the nodal officer shall send a copy of the self'appraisal alone or the self' appraisal along #ith the assessment of the reporting officer, as the case may be, to the accepting authority, and #ill also (eep

a note of the failure of the re!ie#ing officer to record his entries in time for the purpose of recording the same in the ACR of the re!ie#ing officer% The nodal officer has to e!ol!e a suitable mechanism to ensure that the remar(s of the reporting, re!ie#ing and accepting authorities are recorded #ithout fail by the ? st 8ecember of the year follo#ing the year of assessment% &f an ACR relating to a financial year is not

recorded by ? st 8ecember of the follo#ing year, no remar(s shall be recorded thereafter, and the member of the .er!ice #ill be assessed based on the o!erall record and self'assessment of the year concerned, if he had gi!en his self'assessment in time% 2>% 0urposes of recording the ACRs are manifold% .urely,

the first and the most important purpose of recording ACRs is to afford an opportunity to the go!ernment ser!ant concerned to ma(e amends to his remissness if anyA to reform himselfA to mend his conduct and to be disciplined, to do hard #or(, to bring home the lapses in his integrity and character so that he corrects himself and impro!es the efficiency in public ser!ice% The entries, therefore, re1uire an ob,ecti!e assessment of the #or( and conduct of a go!ernment ser!ant reflecting as accurately as possible his sagging inefficiency and

incompetence% The defects and deficiencies brought home to the officer are means to the end of correcting himself and to

sho# impro!ement to#ards e$cellence% The confidential report, therefore, #ould contain the assessment of the #or(, de!otion to duty and integrity of the officer concerned% This is the basic purpose of recording ACRs of an officer% Ho#e!er, the purpose of adhering to the time'schedule #ould be different% The main purpose of ma(ing timely assessment of an officer, as appears to us, #ould be that if there are some ad!erse remar(s as regards integrity and efficiency of the officer, he must be informed of the same in time so that he may start impro!ing immediately% The other ob,ect of recording timely ACRs #ould be that if there are some ad!erse remar(s or e!en the o!erall grading is belo# benchmar( as re1uired for promotion, the officer, if he may be of the !ie# that the same are not ,ustified, may by representation see( e$punction of the ad!erse remar(s or upgradation of his ACR, as the case may be% &f the ACRs are recorded after years and years, it may not be possible for the officer to ma(e a meaningful representation, nor for the concerned authorities, li(e reporting, re!ie#ing and accepting authorities, to e!en remember as to #hy there #ere ad!erse remar(s recorded in the ACR of the officer, or #hy they had assessed his o!erall grading belo# benchmar(% Iet another, purpose of recording timely ACRs is that the superior officer may not hold his subordinate to ransom by (eeping the 8emocles s#ord hanging o!er his head for years to come%

There are indeed some unscrupulous officers #ho may #ant their subordinates to dance to their tunes and thus misuse them for their ulterior moti!es till such time they record their ACRs% Cases are not lac(ing #here this has actually happened% Further, if timely ACRs are not recorded in time or in reasonable time, it may create administrati!e chaosA timely promotions of officers may become a distant dream, thus th#arting the rightful claim of the employees to go to higher echelonsA 80Cs may not be able to function for ma(ing promotions of the officers to higher echelons #ithout (no#ledge as to #or( and performance of the officersA promotions may come about after years, resulting into non manning of the promotional posts% 2 % &n consideration of the Rules of @J>, instructions dated

2 %K%2>>L, as also the purpose of recording timely ACRs, #e are of the considered !ie# that non'recording of the ACRs by reporting, re!ie#ing and accepting authorities #ithin the time schedule, as mentioned in the rules, may not be fatal, inasmuch as the self'assessment of the applicant shall ha!e to be ta(en as correct% &f, ho#e!er, the time stipulated for the authorities mentioned in the instructions may tra!el beyond ? st 8ecember of the follo#ing year, and there be no reasonable e$planation for delaying the matter beyond ? st 8ecember, the self' appraisal of the officer shall ha!e to be accepted% :i(e#ise, if

the re!ie#ing officer may not be able to do the duty en,oined upon it under the statutory rules and instructions by ? st 8ecember, the ACR recorded by the reporting officer shall ha!e to be accepted, and so shall be true if the accepting authority may not do its part of the duty by ? st 8ecember of the follo#ing year% The CR form has to be gi!en to the officer

reported upon by st April, and he has to complete part'&& by ?>th April% +hereas, the reporting authority has to complete his part of duty by ? st 2ay, the re!ie#ing and accepting authorities ha!e to do their duty #ithin a month from receipt of the ACR from reporting and re!ie#ing authorities respecti!ely% &f the ACR is recorded by all the authorities #ithin the stipulated time, one months margin thereafter has been gi!en for receipt of the ACR by the cadre controlling authority, the stipulated time being ? st August e!ery year% The instructions clearly

stipulate that if the ACR relating to a financial year is not recorded by ? st 8ecember of the follo#ing year, no remar(s shall be recorded thereafter% &f for instance, therefore, the ACR for the year 2>>K'>J, #hich is re1uired to be sent to the cadre controlling authority by ? st August, 2>>J, is not e!en recei!ed by ? st 8ecember, 2>>J, no remar(s are to be recorded thereafter% The play in time for the upper limit is pro!ided under instructions itself, and the conse1uences of the same are also pro!ided% 8espite this, considering the purpose of recording

the ACRs, as mentioned abo!e, one may still say that conse1uences of not adhering strictly to the instructions may not be fatal, but surely and definitely, if there be a delay beyond ? st 8ecember of the follo#ing year, there has to be cause for the same, and if there be no reasonable e$planation, the conse1uences mentioned in the instructions shall ha!e to follo#% &f the respondents may be unable to state reasons #hat caused the delay in finali"ing the ACRs despite the time stipulated under the instructions, they must come up #ith causes of the delay, and such causes ha!e to be made ,usticiable% 22% &f the stand ta(en by the learned Addl% Ad!ocate /eneral

is to be accepted, reporting, re!ie#ing and acceptance may be done at any time, li(e in the present case, for four years, three years and t#o years respecti!ely, then the Rules of @J> and instructions issued thereunder shall become nugatory, as if they do not e$ist at all% &n the present case, no reason other than that the Chief 2inister being a busy person, has been gi!en% +e appreciate that the Chief 2inister of a .tate is indeed a busy person, but once, statutory duty has been en,oined upon him, he cannot abdicate it for years to come, and that he is a busy person #ould also not be a ground to clothe him #ith the po#er to report an officer at his discretion and #ill% 6n facts, #e may only mention that #e re1uired the learned Addl%

Ad!ocate /eneral representing the .tate of /u,arat to state as to #hen the applicant #as reported upon by the Chief 2inister, #hether other officers #ere also reported by him on the same day as regards their ACRs for more than a year% The learned counsel sought ad,ournment, and in all fairness, stated on the basis of a chart prepared by him that 2 officers #ere reported by the learned Chief 2inister on the same day #hen the applicant #as reported upon, but their ACRs #ere of the year concerned, or, at the most, a year earlier% There #as no officer out of the 2 #hose ACRs may ha!e been reported upon after four years% &nasmuch as, the delay in the present case in

reporting upon the applicant is #holly reasonably, do#ngrading done by the Chief 2inister shall ha!e to be ignored, and the ACRs of the applicant for the concerned years shall ha!e to be termed as outstandingas reported both by the reporting and re!ie#ing authorities% 2?% The applicant has yet another grie!ance% &t is his case

that once, do#ngrading is done, it must contain reasons% Reference in this connection by the learned counsel

representing the applicant has been made to instructions dated @%B%2>>L issued by 860OT% These instructions ha!e been specifically issued under the Rules of @J> #ith the caption,

A&. ;CR< Rules' @J> &nstructions under Rule C;2< of A&. ;CR< Rules, @J> regarding ad!erse remar(s% After ma(ing a

mention of rules C, @ and > of the Rules of @J>, and (eeping in !ie# the suggestions and representations recei!ed by 860OT from members of the .er!ice, the /o!ernment too( a decision to lay do#n the criteria in regard to #riting of confidential reports and communication of ad!erse remar(s under pro!iso belo# rule C;2<% The criteria that may be rele!ant for the purpose of deciding the contro!ersy in issue, as enumerated in clauses ;iii< and ;i!< of para 2 of the instructions aforesaid, read as follo#s* ;iii< &n any case #here an entry is do#ngraded or upgraded,

the authority do#ngrading or upgrading the remar( and o!erall grading should state, as part of the entry, the reasons for do#ngrading or upgrading #ith ade1uate ,ustification in accordance #ith the instructions on the #riting of the ACR% ;i!< +here the authority has upgradedE do#ngraded the grading #ithout gi!ing sufficient reasons, the

o!erall

/o!ernment shall treat such an e$ercise as non'estEin!alid% /eneral terms, such as & agree or disagree #ith the Reporting 6fficerERe!ie#ing 6fficerused by the Re!ie#ingEAccepting Authority shall not be construed as sufficient reason for upgradingEdo#ngrading the o!erall grading gi!en by the Reporting AuthorityERe!ie#ing Authority% These instructions are no# being follo#ed e!en by the 80Cs #hile e!aluating ACRs of the officers for finding that they are fit

or other#ise for promotion% +here!er the reporting and the re!ie#ing officers may ha!e do#ngraded ACR of an officer #ithout describing any reasons, the same are being ignored% 4umber of such cases ha!e come before us from time to time, but #e may ma(e a mention of a recent decision recorded by us in 6A 4o%2C??E2>>@ in the matter of 2rs% 0arminder ! 7nion of &ndia O 6thers, decided on C%?%2> % +e obser!ed in the

order aforesaid that despite the fact that the re!ie#ing officer in the case of one .hri .ugar :al 2eena had do#ngraded him, but since there #ere no reasons for doing so, the 80C had ignored such do#ngrading and found the officer fit for promotion, and the ACC accepted the recommendation of the 80C% +e #ere dealing #ith the case of 2rs% 0arminder, an Additional Commissioner of &ncome Ta$, in #hose case the 80C had found her fit for promotion to the post of Commissioner of &ncome Ta$, but the ACC did not accept the recommendation of the 80C as the 80C had not specifically, in her case, ignored the belo# benchmar( grading gi!en by the re!ie#ing officer% +e need not mention as to #hy relief #as gi!en to the applicant as that may not be rele!ant, but suffice it may to say that the 80C had not gone by the do#ngrading done by the re!ie#ing officer, #hich #as sans any reasons% 2B% 8o#ngrading has to contain ade1uate ,ustification and

#hen the do#ngrading is done #ithout gi!ing sufficient reasons,

the /o!ernment shall treat such e$ercise as non estEin!alid% The alleged ,ustification in the present case is that the o!erall performance #as re!ie#ed by the Chief 2inister% The remar(s contained in all four ACRs of the applicant #hile do#ngrading them from outstanding to !ery good, read as follo#s* &n !ie# of the o!erall performance of the officer, he may be graded Fery /ood% This is too general and cannot be called an ade1uate ,ustification for do#ngrading the ACRs of the applicant% &f #hat the Chief 2inister has obser!ed is to be accepted as ade1uate ,ustification for do#ngrading an officer, then in e!ery case, #hat has been mentioned #ith regard to the applicant, #ould be mentioned% This general assessment #ould be against the

instructions as sufficient reasons ha!e to be recorded% )efore #e may part #ith this aspect of the case, #e may mention that .hri Tushar 2ehta has cited some ,udicial precedents in his endea!our to sho# that #hen the grading of an officer may be !ery good, the same may not be communicated only because other officers may ha!e better gradings% +e need not refer to any such ,udgment because the 1uestion that is raised by the applicant is that do#ngrading of his ACRs is #ithout reasons and for that reason as #ell it needs to be set aside% :earned counsel representing the applicant has also urged that the Chief 2inister do#ngraded the ACRs of the applicant after

demitting office, but it appears that inasmuch as, from the records the respondents ha!e established that the do#ngrading #as done before the Chief 2inister demitted office, and, in any case, once he again came bac( as Chief 2inister after Assembly elections, therefore, he could do it after demitting the office as #ell, no serious arguments ha!e been raised on this issue% 2L% The applicant, e!en though has gi!en up, for the time

being and has not pressed factual mala fides, he still insists, for the desired relief, on legal mala fides and arbitrariness% :egal malice, as defined in the )lac(s :a# 8ictionary ;Fifth 9dition, p%C>K<, #ould mean, thus* .uch consists of either an e$press intent to (ill or inflict bodily harm, or of a #ic(edness of disposition, hardness of heart ;emphasis supplied<, cruelty, rec(lessness of conse1uences and a mind regardless of social duty #hich indicates an un,ustified disregard or for the li(elihood of death or great bodily harm and an e$treme indifference to the !alue of human life ;emphasis supplied<% Arbitraryhas been defined therein ;p%@K< to mean as follo#s* 2eans in an arbitrarymanner, as fi$ed or done capriciously or at pleasure% +ithout ade1uate determining principleA not founded in the nature of thingsA non'rationalA not done or acting

according to reason or ,udgmentA depending on the #ill aloneA absolutely in po#erA capriciouslyA tyrannicalA despoticA Corneil !% .#isher County, Te$%Ci!%App%, JC .%+%2d >J2, >JB% +ithout fair, solid, and substantial causeA that is, #ithout cause based upon the la#, 7%.% !% :otempio, 8%C%4%I%, LC F%2d ?LC, ?L@A not go!erned by any fi$ed rules or standard% 6rdinarily, arbitraryis synonymous #ith bad faith or failure to e$ercise honest ,udgment and an arbitrary act #ould be one performed #ithout ade1uate determination of principle and one not founded in nature of things ;emphasis supplied<% Huey !% 8a!is, Te$% Ci!% App%, LLK .%+% 2d CK>, CKL% The delay, of course, #hich in the present case is massi!e, #ould still not come #ithin the definition of legal maliceas per )lac(s :a# 8ictionary reproduced abo!e% The same may,

ho#e!er, come #ithin the definition of arbitrary, as the accepting authority has to do the e$ercise as en,oined upon him statutorily #ithin the stipulated time and not at his pleasure% +e may not del!e on this issue any more and #ould rather lea!e it at that, as the applicant #ould succeed on other grounds raised by him, mentioned abo!e% 2K% For the reasons as mentioned abo!e, do#ngrading done

by the Chief 2inister of the ACRs of the applicant for the years 2>>?'>B to 2>>J'>C from outstanding to !ery good is set aside%

All the ACRs of the applicant, as mentioned abo!e, shall be treated to ha!e graded the applicant as outstanding, and the present 6riginal Application #ould thus be allo#ed accordingly% There shall, ho#e!er, be no order as to costs%

; :% 5% =oshi < Fice'Chairman ;A<

; F% 5% )ali < Chairman

EETR79 C60IEE

/NN09UR0 P-4
-IRS, IN-OR2/,ION O- CO'NIJ/6+0 O--0NC0 7nder .ection LB of the Criminal 0rocedure Code gi!en at the 0olice .tation% 2%Case 4o% E2>>C F%&%R% 4o% > E2>>C .ub'district* Ra,(ot Gone, C%&%8%, Crime, Ra,(ot 8istrict* )hu, 8ate and Time of Crime* From @E>KE2>> to >LE % 8ate O time of gi!ing information* 6n >LE E2>>J E2>>J Court

of the Hounourable Chief =udicial 2agistrate, )hu,, Ra,(ot 0olice .tation 2>E>2E2>>C at 2>*>> hours% 2% 0lace of 6ffence 8irection O distance from the 0olice .tation* &n )hu, City ?% B% 8ate of sending to the 0olice .tation* 6n 2>E>2E2>>C 4ame O residential Address of the Complainant* Tensi =ames, 0rincipal of All &ndia Anti Corruption and Crime 0re!ention Council, /u,arat .tate, Residing at Fi(as 9nterprise, 6pposite to 5alpataru Apartment, Hospital Road, )hu, L% 4ame and address of the )hu, persons against #hom the charges are le!ied < 9arth 1ua(e affected )a"aar 4a!nirman

Charitable Trust, )hu,%

Address* 4a!i =anthabandi )a"aar, )hu,iya Taleti, )hu, 2adhapar road, )hu,% 2< Along #ith the president of earth 1ua(e affected )hu, )a"aar 4a!nirman Charitable Trust, its present as #ell as

pre!ious 6fficers, members of e$ecuti!e committee as #ell as general members% ?< 4e# and old officers and responsible members of the =anthabandi )a"aar Construction Committee made by the members of the abo!e trust !ery itself for the construction of shops% B< The then 8istrict Collector, 5utch% L< All those persons that emerges out during the in!estigation of this case% K% )rief description of the offence 6ffence 7nder .ection 2>>, Along #ith .ections, muddamal Articles sei"ed if any% and 2>?, 2 J, BKL, BKK, BKJ, BKC BJ , BJ2, BJB, BJL, BCB 2>;)< of the &0C committed

by the accused of this by planning a conspiracy had made false certificate and in such certificate had placed seal and signatures of fa(e go!ernment officers that does not e$ist at all case had obtain !aluable go!ernment land for residential purpose by go!ernmental assistance for the beneficiaries of such /'L categori"ed commercial properties o#ners for #hich the go!ernment had declared the pac(age amounting to Rs% ,2>,>>>E' for businessmen for obtaining illegal ad!antage of the same and in spite of (no#ing the same the go!ernment

officers had by not gi!ing complain in this regard had hidden the illegal act and thereby ha!e committed offence and etc% J% 9$planation in respect of delay in registering information, in!estigation etc% and procedure conducted regarding the in!estigation% C% 8isposal of the 2uddamal .dE' &llegible, 8esignation, 0.6, 5%/% 2a,ipara &n charge 8%0olice &nspector 5utch' )hu, 46T9* Registered under first &nformation and signature or thumb impression shall be ta(en belo# it in respect of its correctness besides upon the same the officer registering the complaints shall place his signature% As & #as in charge of 8% 0olice &nspector, 5utch')hu, besides, today #ith regard to the in!estigation of this case hearing ahs been fi$ed in the court of the Honourable Chief =udicial 2agistrates Court, )hu, & ha!e remain present today and accordingly had met A%0%0% .hri )hu, and on informing the A%0%0% that presently the complaint of this case #as recei!ed #ith the 8% 0olice &nspector, )hu, and the complaint #as lodged #ith Ra,(ot Gone 0olice .tation hence, after registering the office as the in!estigation of this case #as to be carried out by 8% 0olice &nspector )hu, etc% information #as gi!en to the A%0%0% accordingly he had informed the Honourable Court besides, in this regard the Honourable 8irector /eneral of

0olice, /u,arat .tate had also sent a fa$ message !ide 6ut#ard 4o% KKE2>>C and in this regard also discussion #ere held #ith the A%0%0% and necessary understanding in that regard has been gi!en to him besides, the order dated >LE E2>>J passed by the Honourable Chief =udicial 2agistrate

First Class in this regard to the 0%&%, C%&%8%, )hu, for carrying out in!estigation under the pro!isions of .ec% .ec% LK'? fo Cr%0%C% 6rder dated >LE E2>>J and all complaints related to this case

#ere obtained from 2r% /o!indbhai, A%.%&%, )hu, 6ffice and thereafter had returned bac( to Ra,(ot 6ffice and ta(en o!er the charge of the in!estigation of the complaints and thereafter offence in this case #as registered besides, the #ritten complaint has also been gi!en by the complainant of this case details thereof are as herein under%

&n the aforesaid case the facts of the complaint of me the complainant are as herein under, it is humbly re1uested to ta(e the same for (ind consideration%

<

& the complainant is residing in the midst of city of

)hu, and & am gi!ing honorary ser!ices as .ecretary of All &ndian Anti Corruption and Crime 0re!enti!e Council, /u,arat .tate, 5utch 7nit and ha!e authority to file the presentL complaint a copy of the #rit file before the Honourable High Court of /u,arat is enclosed here#ith it is humbly re1uested to

ta(e the same for your (ind consideration, the registration of my abo!e mentioned institute is F% B2C2 /7='BB22%

2<

6ne 4arendra 2ansu(hlal Resident of )hu, had

gi!en a complaint to the me the complainant herein abo!e !ide his letters dated @E> E2>>K and >JE>LE2>>J that a huge

misappropriation has been adopted by the )hu, )a"aar 4a!nirman Charitable Trust and the area that ha!e been declared as prohibited areas by the Army officers in that area e!en #ithout obtaining 4%6%C% from the army officials construction of )a"aar has been carried out and by !iolating the conditions imposed in the order of the Honourable Collector a huge misappropriation ahs been adopted but in this #hole chapter fraudulent pertaining to !aluable land of the

go!ernment, go!ernment funds and go!ernment subsidy of crores of rupees has been carried stated to ha!e been carried out%

?<

&n this regard, & the complainant has obtained

information from the Collector 6fficer under the Right to &nformation Act and according to this information, a person #hose business'profession ahs been completely destroyed in earth1ua(e in i%e%, a person #ho ahs been categori"ed under /'L category shall only be gi!en benefit of such scheme and in this regard the go!ernment ahs also passed a resolution and

the category of the loss and damage has been prescribed by the /eneral Administration 8epartment of the /o!ernment of /u,arat in its boo( of .eptember, 2>> copy of the same is

enclosed here#ith, it is humbly re1uested to ta(e the same for (ind consideration%

)esides as per the abo!e mentioned facts and details, a fitness for a!ailing benefit of this scheme #as only for those #ho ha!e been categori"ed under /'L category of earth 1ua(e hit persons and e$cept them any one #as not entitled to a!ail benefit of this scheme in any #ay%

Further, the certificates pertaining to the damaged and destroyed commercial properties under /'L category #ere produced by the trust before the Collector and after due !erification of these certificates produced before the Additional Collector only and according to condition 4o% L and C the collector #as compulsory suppose to issue certificate to the beneficiaries of the same and thereafter only the beneficiaries #ere supposed to be fit to posses a 1ualification for certified member and this responsibility #as to be performed only by the then 0re!ailing 8istrict Collector in his capacity of being competent authority but he has failed in doing so%

)esides, land admeasuring Acre

K out fo land bearing

.ur!ey 4o% ?K? #herein the construction #or( of the shops

ha!e been done #as under the prohibited area as declared by the army the abo!e place ;)hu,iya 8ungar< #as reser!ed as prohibited by the army for storing its arms and ammunitions hence, before starting the construction #or( 4%6%C% #as re1uire to be obtained from army authorities by the trust, but till date any 4%6%C% has not been obtained by the trust from the army authorities, such (ind of crystal clear conditions ha!e been imposed by the Re!enue department, /o!ernment of /u,arat in its order dated >?E>@E2>>@ #herein it has been clearly mentioned regarding obtaining of 4%6%C and in letter dated >KE>?E2>>@ of the then Collector addressed to the trust that #ithout obtaining 4%6%C form the military authorities any (ind of construction cannot be carried out and in spite of the same #ithout follo#ing such important procedures the Construction committee of the )hu, =aththabandi trust has done construction #or( about B>> shops and has started the mar(et thereof%

B<

6!er and abo!e the details as mentioned herein

abo!e, #e ha!e also come to (no# during our in!estigation that in this regard on >2E>CE2>>2 the 8istrict Collector had after the certificates of the beneficiaries being chec(ed out for the purpose of construction of =aththabandhi 2ar(et regard called for a special report from 8eputy Collector ;9arth Dua(e< )hu, and #ith regard to that report on >E >E2>>K under the

confidential letter of the 8eputy Collector )hu, had submitted a

detailed report to the Collector, )hu, and in that it #as mentioned that belo# mentioned offence has been committed%

&n that report list of total B> names has been e$amined and in that condition of case #ise remar(s and defect #as mentioned in detailed in that out of all the cases in 22 cases residential houses ha!e been handed o!er% The letters that ha!e been #ritten upon the letter pad of the earth1ua(e affected 4a!nirma Charitable trust addressed to the Collector are all related to the earth 1ua(e affected but in all the them dates ha!e not been mentioned and any signature of any authori"ed office is also not found in the same% )esides, during the month of April, 2>>K #ith regard to the same 1uestion necessary registers #ere handed o!er to the Collector and during that time as the aforesaid registers #ere fre1uently re1uired by this office ;8eputy Collector, earth1ua(e )hu,< the staff had !isited the collector office and at that time it #as e$perienced that the registers #ere utili"ed by the non go!ernment officials and persons o!er and abo!e the go!ernment staff, these persons could possibly be

directEindirect legalEillegal beneficiaries of 4a!nirman Charitable Trust% )esides, out of the abo!e cases in some of the case it #as found that some of the beneficiaries #ere other than those of /'L category%

Thus, in this #ay as per the details mentioned therein abo!e, it #as informed by the 8eputy Collector ;9arth1ua(e< )hu, through his confidential letter that a huge misappropriate is being played% & ha!e obtained copies of this letter of the Collector as #ell as the confidential letter of the 8eputy Collector along #ith the copy of the statement enclosed #ith it legally under the right to information act and the same is hereby produced along #ith its rele!ant supporti!e e!idences !ide list% Thus, as mentioned herein abo!e the 8eputy Collector had crystal clear informed the Collector !ide his confidential letter dated >E >E2>>K that a huge misappropriation is being played and in spite of the same in spite of the collector being !ery #ell !ersed that the criminal offence has been committed and in spite of it being his foremost duty to ta(e legal steps against the same he has not done so and by doing so he has tried to inspire the accused persons and for the reasons best (no#n to him he ahs tried to hide the #hole chapter and thereby has helped the accused in committed offence against the go!ernment% L< &n the aforesaid case & the complainant institute

has obtained the certificates produced by the beneficiaries the =aththabandhi )a"aar of the )hu, )a"aar 4a!nirman Charitable trust and the other documentary e!idence under the right to information act and loo(ing tot eh same in this case any

beneficiary has not been certified by the collector, )hu,' 5utch and out of the conditions of the construction of the mar(et it #as one of the first and foremost condition that, the certificate should only be issued by the Collector !ery itself, but hi this #hole case any thing li(e that has not happened% The certificates that ha!e been stated to be issued to the beneficiaries in those certificates the signatures of the officers are found missing in some of the cases the designations that ha!e been mentioned under the certificate such designations does not e$ists at all in such departments and in past also any such (ind of designations #ere not e$isting at all and thus, in this #ay by mentioning totally fa(e and implanted designations by impaling false members and offices of the 4a!nirman Charitable Trust by false beneficiaries being in!ol!ed #ith the go!ernment officials !aluable go!ernment land ha!e been illegally obtained%

8uring

the

in!estigation

carried

out

by

me

the

complainant institute it has also come to (no# that not only this but, the signatures placed in these fa(e certificates it has been found that one signature has been scanned and thereafter properly arranging it on the papers its prints ha!e been ta(en out% Further in this #hole chapter, the 8eputy Collector, )hu, City has !i!e his letter dated 2JE>JE2>>K addressed to the

collector,

)hus'5utch

clearly

informed

him

that,

the

=aththabandhi ba"aar being constructed in go!ernment land admeasuring J acres of land bearing .ur!ey 4o% ?K? made by the officers of the 9arth Dua(e affected )hu, )a"aar 4a!nirman Charitable trust #as illegal, bogus and attempt has been ma(e to transfer the shops in the names of fa(e beneficiaries of the hence, immediately a no entry order shall be passed and

before the trustees succeed in their such malicious intention in order to illegal grab o!er the go!ernment land such malicious intention on their part shall be restricted in spite of such

information being gi!en and the collector ha!ing all authorities to ta(e legal steps in this regard in this #hole chapter the collector has remain dormant spectator, such an act on his part is intentional hence, the same is an offence% 6!er and abo!e this, during the in!estigation carried out by me the complainant institute, the list of the beneficiaries ta(ing benefit of this ,aththabandhi mar(et along #ith the list #ith the confidential letter dated >E >E2>>K has been obtained by me the complainant from the deputy Collector under the right to information act the same is produced #ith a separate list% The persons #ho are included in that list and accused amongst the beneficiaries of the charitable trust are

.r% 4o%

Report 4o%

4ame of the Firm

Category

2 ? B L K J C @ >

B 2J ?K B LB 2BK 2B@ 2JJ 2CB 2@L 2@C

/ayatri Trading Co% Finodchandra 2ohanlal Th% Chhaganlal 2adha!,i Harsha Traders .a!an Trading Co% 4itin(umar OCo% Atul Trading Co% .hah Ra!ilal Hathibhai Th% Chaganlal 2adha!,i O .ons =itendera 2aganlal .heth 5antilal :% /aur

/'L /'L /'L /'L /'L /'L /'L /'L /'L /'L /'L

The certificates #ith respect to the abo!e names and the names as mentioned in the list are proper and as per the belief of the institute and as per the documents produced by them they can be really belie!ed to be beneficiaries and this institute does not ha!e any complaint against them% K< 4ames mentioned o!er and abo!e the abo!e

names are the offices and members of the earth 1ua(e affected )h,u, )a"aar 4a!nirman Charitable trust are fa(e beneficiaries and by ma(ing false representations they ha!e entered the !aluable go!ernment land situated in the area prohibited by the army, besides, the affirmations and affida!its produced by them are also misleading and this #hole scandal ahs been raised and implanted by the members and officers of the earth 1ua(e affected )hu, )a"aar 4a!nirman Charitable trust and in this #hole chapter misuse of go!ernment fund and subsidy of crores of rupees of go!ernment has been shaped up% J< 6n us coming up to (no# in this regard, #e had informed the head of police department !ide our letter dated ?>E>LE2>>J and

had informed him that as an offence is being committed complaint shall be lodged by them but the 8istrict

.uperintendent of 0olice had handed o!er the in!estigation of our letter along #ith the documentary e!idences enclosed there#ith to the 9conomy Cell and this 9conomy Cell had also e$amined the e!idences and has also found that in this case prima facie an offence has been committed% Further #ith reference to my letter the 9conomic cell had carried out a detailed in!estigation and had submitted detailed report to the 0olice 6ffice, the 0%.%&% of the 9conomic Cell #ho had carried out the #hole in!estigation in this regard as such .hri .%=% Chudasama had informed us !ide his letter dated 2LE>JE2>>J that, in this case it seems at the end of the in!estigation that in the report false certificates ha!e been issued and false signatures ha!e also been placed hence, further proceedings are liable to be carried out by his office or by the Collector office and if his office #ill file a criminal complaint to the police or before the Hounourable Court then further proceedings can be carried out by the police, the said letter is produced #ith a separate list it is humbly re1uest to ta(e the same for (ind consideration% C< &n this case as the then Collector is an accused, the police, Collector and 8eputy Collector etc% are not filing any complaint agsint him as he is under go!ernment administration and are

also ma(ing e$cuses to file the complain hence, in this case the damage has been directly caused to the go!ernment, and because #e the complainant institute are #or(ing for pre!ention of crime and corruption this present complaint has been produced here#ith% @< &n this case necessary court fees stamp has been produced on the complaint% >< The Honourable court has the appropriate ,urisdiction to ta(e the cogni"ance of the offence in this case% < &t is therefore humbly re1uested that, The accused of this case ha!e being falsely and illegally in!ol!ed #ith each other #ith the help of each other had formed a conspiracy and as a part thereof had implant fa(e

documentary e!idences for !aluable go!ernment land and had obtained the same at a nominal priceA inspite of the accused not ha!ing fitness for being beneficiary as prescribed by the go!ernment funds and for that had placed seals of the go!ernment officers that does not ha!e any e$istence at all besides, in order to obtain ad!antage illegally had raised earth 1ua(e affected )hu, 4a!nirman Charitable Trust and had produced false certificates before the go!ernment besides, by producing false affida!its, affirmations and on the basis of the

misrepresentations before the go!ernment had obtained subsidy from the go!ernment for obtaining the !aluable go!ernment land on nominal prices from the go!ernment and thereby ha!e illegally grabbed the go!ernment land% )y !iolating the terms and conditions places by the go!ernment for obtaining such land the name of the accused no% institute by

the accused no% 2 had for his personal interest and use utili"ed the go!ernment funds and subsidy and all the members and officers of the accused no% 2 under the name of accused no% institute had by misusing crores of rupees of go!ernment, according to circular dated @E>KE2>> of the &ndustries

department of the go!ernment, the businessmen #hose business place has been destructed during the earth 1ua(e and is possessing certificate for damage under the /'L category such beneficiaries businessmen shall be gi!en direct financial assistance of Rs% ,2>,>>>E' through the 8istrict &ndustry center and the same ha!e been obtained by doing such (ind of forgery and act on the part of the accused no% and accused no% 2

being illegal any (ind of legal complaint ha!e not been filed against them or any legal steps ha!e also not been ta(en against them on the contrary the accused no% B had pro!ided them help, besides, there are !ery high possibilities that during the in!estigation in!ol!ement of the other accused can also emerged out hence, against all the abo!e mentioned accused it

is our humble re1uest to carry out in!estigation and file complaint against the pro!isions of .ec% 2>>, 2>?, 2 J, BKL, BKK, BKJ, BKC, BJ , BJ2, BJB, BJL, BCB and 2>') of the &ndian 0enal Code and to impose punishment upon them setting an e$ample in the society% 8ate* 0lace* )hu,'5utch .dE' illegible 0rincipal .ecretary All &ndia Anti Corruption O Crime 0re!ention Council, /u,arat .tate 5utch 7nit &894T&F&98 )I 29 .dE' illegible Ad!ocate 8t* 2>E>2E2>>C C60I F6R+AR898 +&TH C620:&294T. T6 The Honourable Chief =udicial 2agistrate, Court, 5utch')hu, .dE' illegible 8%0olice &nspector, 5utch' )hu,

/NN09UR0 P-4
-IRS, IN-OR2/,ION R0POR, O- CO'NIJ/6+0 O--0NC0 ;7nder .ection LB of the code of criminal procedure< Recei!ed dt% > '>B'2> > at 2'>L 02% .dE' .pecial =udge 5achchh')hu, 8istrict )hu, 0o% .tation C&8 Crime, Ra,(ot "one 0o%.ta% Iear 2> > First &nformation No. 4G1! 8ate ? '?' > 2 ; < ;2< ;?< Act 0re!ention sections Act @CC of .ections corruption .ections J, and ?;2< , ?; < ;b<

sdE' .pecial =udge 5achchh')hu,

6ther Acts and .ections ;A< 8ate and time of commission From dt% 2>>B to 2>>@ of an offence From hrs% to hrs% ;)< 6ffence declared ;in 0o%.ta%< 8ate ? '?'2> > Time 2 '>> hrs%

;B< ;L<

;C< .tations 8iary 9ntry ;Registration 4o% 2> > Time 2 ' >> hrs% Ho# the information #as #ritten recei!ed .cien of offence ;A< 8istance At a distance of 2K> and direction of scene of offence 5%2% on 4orth )hu, from 0o%.ta Custom Collector office )hu, ;5achchh< unit 4ame of )eat 4oE6%0%EChoa(y ;)< Address ;C< 4ame of that 0o%.ta% if offence is out of the 0o%sta area 8istrcitSCity

;K<

.tate ComplainantEinformant ;A< 4ame .hri F%2% /ohil, 8%0%&% =amnagar for /o!ernemnt &n!estigation Cell, C&8 Crime ;)< FathersEHusbands 4ame C< 8ate of )irthEIear ;8< 4ationality ;9< 0assport 4o%%%%%%%%%%%%%%8ate of 0leaseEaddress of office issuing passport%%% ;F< 6ccupation 8%0o%&nsp% ;/< Address C&8 Crime, =amnagar, &n!estigatin 7nit%

;J<

4ames, addresses full details of accused ;&nformation #ith all details of identifiedE suspectEunidentified accused< % 0radip(umar 4aren(arnath .harma 2% ?% Reason of late receipt of Fact of crime #as information declared during in!estigation of Ra,(ot Gone 2 Case 4o% E>C% &f that is committed, description of the property stolen

;C<

;@<

; >< Total !alue of property stolen ; < Accidental death 4o% ;if any< F&R page 4o% 2 of Ra,(ot Gone 0o%sta% C%R%4o% 2@ 2E > uEs J, , ? ; <), ?;2< of the pre!ention of corruption Act% ?> 0age 4o% ? 2% 8etails of First &nformation 8t% ? '?'2> >

&, F%2% /ohil, 8etecti!e 0olice &nspector, C&8 Crime, =amnagar, &n!estigation Cell, =amnagar% The fact of my complaint for the go!ernment is such as in my area of operation & ah!e to do #or( relating to C&8 Crime #ithin the limits of the #hole of 8istrict =amnagar% )esides that the head office of the C&8 crime is situated at /andhinagar, the #or( is to be carriedout as per legal orders that may be gi!en by high officials% & ha!e been ma(ing in!estigation of C&8 Crime Gone, Ra,(ot Gone 0olice .tation 2 Case 4o% E>C uEs 2>>, 2>?, 2 J, BKL, BKK, BKJ, BJ , BKC, BCB, B>K, B>@, 2>') of &%0%C% and sections J, .hri , ? of the pre!ention of corruption Act% A%H%=ade,a, 8%0o%&, )hu,, &n!estigation Cell #as

in!estigation the said case pre!iously, on his transfer to in!estigation cell, additional charge of )hu, #as entrusted to me, mean#hile, on @ECE>@, & had ta(en o!er the said 2' '>@

in!estigation from .hri A%H%=ade,a, mean#hile on

appointment of .hri 4%C% Chauhan, 8%0o% &ns% made #as in &n!estigation cell, )hu,, but & am con!ersant #ith the said in!estigation, therefore, it #as ordered under the Additional 8irector /enerla of 0olice C&8, Crime, and Rail#ays /u,% .tate, /andhinagar to maintain this in!estigation%

6ut of accused in the said case, .hri 0radip(umar 4iran(arnath .harma, accused, #ho #as performing duty a district collector and 8istrict 2agistrate, )hu, #hen the offence too( place% The /o!ernment had granted land under Resolution dated ?'@'> to 4a! 4irman Charitable Trust, )hu,, for constructing #holesale mar(et, in #hich the go!ernment had made conditions, he and other accused gathered together, in collusion #ith the 0resident and other trustees of the said Trust made scheme to !iolate conditions and to grab go!ernment land and as per scheme, to grab the /o!ernment land and to mar( a!ailable illegal benefit to this Trust, made phase#ise illegal orders and too( actions in its interest, too( actions against the interest of the /o!ernment, allegations are of cheating% 8uring in!estigation of crime, e!idence of such fact is found that .hri 0radip .harma #as performing duty as a 8istrict Collector and 8istrict 2agistrate, )hu, ;5achchh< in the year 2>>B and 2>>L and in this #ay he #as a public ser!ant, he #as ta(ing care of charge of Administrati!e 6fficer of the #hole of 5achchh district and in this #ay, the geographical area of the #hole of 5achchh district #as under his area of operation% 8uring the duty #ellspun company #hich is situated in Farsha 2edi Fillage, Talu(a An,ar, 8ist% 5achchh, )hu,, .hri 0radip .harma secured our mobile .&2 card 4o% @@2L @@J@@ from .hri Asim 4iran,anbhai Cha(ra!ati, 8irector, #ithout ma(ing

payment of any type of money of consideration for his personal use misusing his official position of his duty get paid all bills about that totaling amount of Rs% 2,2B,>?KE' by the #ellspun company and it is established that as a public ser!ant he has committed an offence of criminal misconduct% &n that #ay in the year 2>>L, Ratan 9nterprise #hich is situated in /andhidham and it is a transport company procured mobile .&2 card from .hri Ran,itsinh :a(hta!arsinh )hat, mobile .&2 card 4umber @C2B> > J2@ #ithout ma(ing payment of consideration of any (ind or price, misusing his official position, used for his personal #or( bill the year 2>>@, get paid the money of bill of utili"ation amounting to Rs% BK, LLBE' by Ratan 9nterprise under his ,urisdiction, &t is established that he has committed an offence of serious criminal misconduct% sdE' .ignature of 0o%.ta% 6fficer EETR79 TI098 C60IEE

/NN09UR0 P-@ -IRS, IN-OR2/,ION R0POR, O- CO'NIJ/6+0 O--0NC0 ;7nder section LB of the code of criminal procedure< % 8istrcit* 2> > First &nformation No. 9G1! at @-9-1!. 2% Act .ection )hu, 0o%.ta% C&8 Crime, Ra,(ot Gone, Ra,(ot Iear

< 2< ?< B<

&%0%C% .ections 2 J, B>@, BKL, BKJ, BKC, BJ , 2>),

?%

A<

8ate and time of commission of an offence * from date to dt% ?'?'2>>B from 8ecember 2>>B

to )< 6ffence declared ;in 0o%sta%< date 2B'@'2> > time * 2?%>> C< .tation 8iary 9ntry ;Registration< 4o%%%%%%%%% 2?%>L B% L% Ho# the information #as recei!ed #ritten or oral% .cene of offence% 8istance and direction of scene of Time

offence 2o,e Farsamedi, Fillage An,ar and the office of the 8istrict Collector, )hu,% 4ame )eat numberE6%0%Echa#(y% )< C< Address* )hu,

4ame of that 0o%.ta%of 6ffence is out of that 0o%.ta% area% 8isrcit, City .tate%

K%

Complainant, informant* A< )< C< 4ame* .mt% 0ari(shita F% Rathod, 8eputy

.uperintendent of 0olice, /andhinagar Gone% 4ame of father, husband* Fi,ay(umar 8e!antbhai Rathod 8ate of birth* year 22'2' @

8< 9<

4ationality* &ndian 0assport 4o% 0laceEaddress Ahmedabad 8ate of issue of passport% of office issuing passport

F< /< J%

6ccupation* /andhinagar Address*

8eputy .uperintendent of 0olice,

Full details of name, address of the accused% ;&nformation #ith all details of identifiedEsuspectE unidentified< < 0radip(umar 4iran(arnath, &%A%.% the then Collector, )hu,, 2< The Then To#n 0lanner, )hu,% Reason of gi!ing the information late% &f theft is committed, full description of the property stolen%

C< @<

>< < 2<

Total !alue of the stolen property Accidental death number ;if any< 8etails of First &nformation

.ate @-9- !1! &, .mt% 0ari(shita F% Rathod, 8eputy .uperintendent of 0olice, 8% Crime, /andhinagar "one, age* B years residing at 8E2J

/o!ernment Colony, Fastrapur, /uru(ul% 2y complaint for go!ernment is this that & ha!e been discharging duty as a 8eputy .uperintendent of 0olice, C%&%8%

Crime )ranch, /andhinagar since 2K'2'2>>C% &n my area of operation of /andhinagar "one there are in!estigation cells C%&%8% crime of 2ahesana, 0atan, 0alanpur and .abar(antha% 8istricts% & ha!e to e$ercise super!ision of these cells% )esides this, & ha!e to ma(e in!estigation of crimes that may be entrusted to me by the 8%/%0%, C%&%8% crime and Rail#ays, /u,arat .tate, /andhinagar and the preliminary in1uiry and also includes legal functions that may be entrusted as per order of the superior officer% 6n the basis of the Home 8epartment order no%

F% E0RCHE >2> >E K dated

K'C' > the honble 8%%0%, C&8

crime had entrusted preliminary in1uiry to me on B'@'2> >% The in1uiry report thereof #as sent to the 8eputy 8irector /eneral of 0olice Cr% 2 C&8 crime under this office letter 4o% /aE"oneE=a'4o%J @E > dated 2?'@'2> >% 6n the strength of that the A8/0, Crime has, under his letter 4o% TR)E0T ?' >'JB@ dated 2L'@' >, authorised me to tile complaint% .hri 0radip(umar 4iran(arnath .harma, &%A%.% #as performing duty as the Collector and 8istrict 2agistrate, )hu, from 2'L'>? to ?'J'2>>K and during the tenure of his duty applications #ere made by < 2E%s +elspun &ndia :td%, 2< 2Es% +elspun 0o#er and .teel :td%,% 2Es% +elspun /u,arat .tyle Rohran Co%:td%, for establishment of their te$tile industry at Farsamedi !illage of

Talu(a An,ar, 8istrict )hu, for allotment of lands of sur!ey 4os% C@>, KL2, K@2, KKL, KKJ, KJ>, KJ , KKC, KC>, KCB, etc% for industrial purpose% &n pursuance thereof meetings of the )hu, 8istrict :and Faluation Committee #as held on dt% @'L'2>>?, dt% 2>'J'2>>?, dt% >'C'2>>B, dt% >'C'2>>B, ' >'2>>B and 2 ' 2'2>>B under the chairmanship of .hri .harma, Collector% As members of that committee the 8istrcit 8e!elopment 6fficer, )hu,, the To#n 0lanning 6fficr, )hu, and a member secretary the Resident 8eputy Collector, )hu, remained present of that on the agenda sr% no% LB of the 8istrcit Faluation Committee held on 2>'J'>B, the land admeasuring 2>,2?B s1% mtrs% of s%4o%C@> of Farsamedi !illage of Talu(a An,ar, #as allotted to +elspun &ndia Co% :td% Thus, only one application of +elspun &ndia Co%:td% #as included in the agenda dated 2>'J'>B after determing price, #ere as on inspecting the orders of allotment of made by the office of the Collector, )hu, for alloting lands at at Farsamedi !illage of Talu(a An,ar, for industrial purpose to 2Es% +elspun &ndia Co%:td% and 2Es% +elspun 0o#er and .teel :td% and +elspun .tyle and Rohran :td% &t is found that total @ orders #ere made in the meeting of the 8istrict :and Faluation Committee dated ?>'J'2>>B, #hich are of 2>2?B s1% mtr% out of sur!ey no% C@>, 2< 2>2?B s1, mtrs% out of s% 4o% C@> B< 2?B s1% mtrs% out of s% 4o% CC> L< 2 B s1% mtrs% out of s% 4o% KL2

K< 2>2?B s1% mtrs% of land out of s% 4o% K@2 respecti!ely% Thus,

appro!al #as accorded to the application in the agenda ;minitues< of the 8istrict :and Faluation Committee held on 2>' J'>B, #hereas, in total order of land allotted to !arious branches of +elspun company for industrial purpose there #as mention of the 8istrict :and Faluation Committee, in order to ob!iate that discrepancy, on seeing the agenda file of the meeting of the 8istrict :and Faluation Committee held on 2>'J'2>>B, #hich is prepared by the To#n 0lanner% 6n ante page of serial number L?, only one application of +elspun &ndia Company :td% for total 2>2?B s1% mtrs% of land of s%no% C@> of Farsamedi is included, #ereas on o!erleaf on serial no% L?, totalA 2 applications of 2>2?B s1% mtrs% of s%no% C@> of !illage Farsamedi are included and proposal of Rs% LE' is sanctioned by the Collector% &n fact, in point 4o% ;)< of the /o!ernment Resolution, Re!enue 8epartment, 4o% =24'?@2>>@E(thE2 dated K'K'2>>?, .achi!alaya, /andhinagar, limit of 2 hectares, L la(h is prescribed for the Collector for allotment for industrial purpose% 2 heactares means 2>>>> s1% mtrs% According to the pro!ision of the abo!esaid resolution as the allotment of land more than t#o hectores is beyound the po#ers of the Collector, he should send proposal to the /o!ernment for determining its price, instead, he determined the price of Rs% LE' per s1% mtr% in the 8istrict :and Faluation Committee and made allotment orders of land at district le!el% 6n the basis of the statement of

.hri 5odarbhai .hanabhai 0ra,apati, .ection 6fficer, Re!enue 8epartment it has become clear that #here one applicant had made application, after process of the price etc% of land final orders of allotment of land to him are made, and mean#hile, #hen the same applicant ma(es demand for any land for ne# additional land for the same purpose, action has to be ta(en connecting both the matters% And on doing so, the case in #hich the are of land e$ceeds 2 hectors ;2>>>> s1% mtrs< as #ell as the price of the land e$ceeds Rs% L la(h, in such case also, the Collector has to send the proposal to the go!ernment and #hen the go!ernment ta(es the decision of allotment of that land go!ernment has to allot that land% First, in the agenda of the 8istrict :and Faluation Committee held on 2>'J'2>>B disposed of one application of allotment of land admeasuring 2>2?B bearing s%no% C@>, #hereas in the agenda fild of the 8eputy T#on 0lanner on sr% no% L?, he, has determind price of Rs% LE' per s1% mtr% in total B applications of 2>2?B s1%mtrs% of s%no% C@ and accorded appro!al to allotment of land% &n fact, all the four applications are beyound his po#ers, it #as necessary for him to send for sanction of the go!ernment% &f this applications had been send to the go!ernment, because of proper fi$ation of price by the go!ernment, go!ernment #ould not ha!e suffered economic loss% Therefore, in the agenda file of the To#n dated 2>'J'2>>B, disposing total B applications

each of 2>?B s1% mtrs% sho#ing only one applicationof 2>2?B s1% mtrs% of s%no% C@> in minutes of the 8istrict :and Faluation Committee, criminal intention of the Collector to help illegally to +elspun Company becomes clear% 2oreo!er, out of 2 orders, made by him for allotment of lands to +elspun Company, orders at sr% no%s L to C are sho#n in the 8istrict :and Faluation Committee dated 2>'J'2>>B and the procedure of payment of the amount prescribed is stated on the basis of letter dated 2 '@'2>>B by the company for that &n fact, in the agenda of the 8istrict :and Faluation Committee dated ' >'>B, prices of applications of abo!esaid serial numbers L to C ha!e been fi$ed% Thereupon, instead of initiating process to be carried out #ith regard to payment after ' >'2>>B by the

company, initiated from 2 '@'2>>B, made bogus documents, sho#ed mollified intention of gi!ing economic benefit to +elspun company% The 8istrict Collector had made proposal to the go!ernment on ?'C'2>>B on the basis no% :andEL EudyogE#sE B>>E>B on total 2 applications of +elspun company for getting total 2B2C>C s1% mtrs% of s%no% C@>, but sho#ing information regarding the orders of land sanctioned in < sr% 4o% 222E>B dated >'C'>B, 2< 22?E>B dated ?'C'>B respecti!ely by him prior to that,

supressing the fact of the order made by him in the proposal

sent for determining the price of the land allotted to +elspun company on ?'C'>B, not bringing to the notice of the

go!ernment he has indulged in criminal act% &n the proposal sent to the go!ernment, the go!ernment had fi$ed price of land at Rs% JC per s1% mtr% on the basis of /o!t% Resolution Re!enue 8epartment 4o% =24E&hdustriesELK>B>EC?JE2 dated K'C'>L% .hri 0radip(umar .harma, the then Collector, )hu, had misused his office during his duty made orders of allotment of lands of different numbers sho#n in the statement produced by 2ahendrasinh Fatesinh .odha, 6fficer of +elspun company in the case of preliminary in1uiry, #hich #ere beyound the limits of his po#ers, ho#e!er, going against the policy and rules, in total cases, not sending proposal to the go!ernment #hich #as re1uired to be sent and #ithout ta(ing sanction of the go!ernment, ga!e to the pri!ate company, calculating price of Rs% LE' instead of Rs% JCE' per s1% mtrs% causing monetary loss appro$imately of total Rs% ,>B,K ,K22E' stamp duty of Rs%

L,K@,2B>E' in all Rs% ,2>,?>,CB2E' and intentionally committed criminal breach of trust% &n order to ma(e economic gain a!ailable to +elspun company, 0radip .harma, Collector, had secured mobile card 4o% @@2LJ @@J@@ in 2>>B from the company #ithout paying any consideration, used for his personal #or( got the bill of total Rs%

22B>?K upto 2>>@ paid by the company, misused his poer and secured economic gain% As regards this crime is registered #ith Ra,(ot "one police station &%C%R% 4o% @E > under sections J, ,

?; <;)<, ?;2< of the pre!ention of corruption Act% His intention hereby becomes clear to pro!ide monetary benefit to the company securing economic gain from the +elspun company% Thus, the +elspun company had to pay more money to the go!ernment as per la#, 0radip(umar .harma, Collector, sa!ed the company and in collusion #ith the then To#n 0lanner, )hu, and the go!ernment officer ;employee< hatched criminal conspiracy, made bogus documents for company beyound his po#ers, caused loss of about Rs% ,2>,?>,CB2 to the

go!ernment, committed criminal breach of trust in respect of property entrusted to him by the go!ernment, my complaint is to conduct in1uiry against him as per la# uEs 2KJ, B>@, BKL, BKC, BJ , 2>') of &%0%C% 2y #itnesses are 0ra,apati, .odha #ho #ere e$amined in the aforesaid in1uiry and that may be found during in!estigation% This is the fact of my complaint% sdE' illegible 0ari(shita F% Rathod )efore me sdE' 0ari(shita F% Rathod 8eputy .uperintendent of 0olice,

C%&%8% Crime, /andhiangar, /andhinagar% Copy for#arded to The honble =udicial 2agistrate, )hu, Court, )hu, sdE' H%0% Agra!at 8y% .uptd% of 0olice, C%&%8%, Crime, Ra,(ot Gone, Ra,(ot ?< 8etails of process after the crime is registered A< )< Registered crime and in!estigation commenced%

&n!estigation entrusted to H%0%Agra!at, designation ) 4o% 8y% .uptd% of 0olice%

C< 8<

Reasons of non'in!estigation of crime% 4ame of 0o%.ta% to #hich in!estigation of crime is

transferred 8istrict City

on reading o!er the complaint of the complainant, ha!ing understood signed and recei!ed copy free of charge% .ignatureEthumb impression of the sdE' illegible complainant% B< .ignatureEthumb impression of informant sdE' illegible .ignature of 0o%.ta% 6fficial 4ame* H%0% Agra!at 8esignation* 8y% .uptd% of 0olice, C%&%8% Crime, Ra,(ot L< 8ate of the respecti!e honourable court*

dated 2L'@' > time 2?%>> hrs% =a#a( 4o% LJ@E2> > 6ffice of the 8y% .uptd% of 0olice, C%&%8% Crime, Ra,(ot "one, 8t% 2L'@'2> >

EETR79 TI098 C60IEE

/NN09UR0 P->
From* 0radip 4% .harma, 0lot 4o% BKLEA'2, .ector 3 , /andhinagar 3 L% 8ate To .hri 5% 0% /a,ipara, 8eputy .uperintendent of 0olice and &n!estigation 6fficer C%&%8% Crime, Ra,(ot% .ub* &nclusion of .hri 4arendra 2odi, Chief 2inister, /u,arat .tate, also as an accused in the crime as per C%&%8% Crime Ra,(ot Gone'& Cr% 4o%@E > uEs 2 J, B>@, BKL, BKJ, BKC, BJ , 2>') of &0C% & ha!e come to (no# from reliable sources that the crime sho#n in the abo!e sub,ect is registered against me% This crime is registered against me #ith false facts and malice% The e$planation of that is as under* < This crime is registered against me by malice for simple and straight procedure of the Re!enue 8epartment% 2< /enerally, for alleged malpractices relating to the Re!enue 8epartment, on getting preliminary in1uiry through any officer of the Re!enue 8epartment, 2amlatdar or the 8eputy Collector of this department, if criminal fact is found for getting criminal proceeding initiated, the preliminary in1uiry officer of the ' 2'2> >%

Re!enue 8epartment gets complaint filed% &n this case% 0ari(shita Rathod of C&8 Crime has gi!en complaint, #hich is an action contrary to rule% ?< As per F%&%R% admission of 0ari(shita Rathod this offence has ta(en place in 5achchh district, ho#e!er, preliminary in1uiry #as entrusted for the offence occurred outside of her area of operation% And she has raised the 1uestion that the #or( of getting F%&%R% registered #as entrusted to her and she has e$pressed suspicion as to #hether offence has ta(en place in this case or notS B< 0ari(shita Rathod says that such type of in1uiry regarding re!enue procedure is completed #ithin a short duration of L;fi!e< #ee(s, #hich manifests unnecessary haste and malice% L< As directed mandatorily in .r%4o%L of Appendi$') of chapter' of the C&8 crime manual it is ine!itable to ta(e statement of the accused% &n this case, my statement is not recorded% And efforts are not made to (no# true facts and false F%&%R% is registered% K< There is an allegation in F%&%R% that & had got made applications through +elspun Company for en1uiring land for organi"ation of my pri!ate te$tile business% )ut there is no mention or any clarification in remaining paras of F%&%R%

J< As an &n!estigation 6fficer you may see that as per para ;)< of the /o!ernment Resolution, Re!enue 8epartment, dated K'K' 2>>? that the Collector has po#er to gi!en any party e!en #ithout public auction, the land up to 2 hectors if the !alue is not abo!e Rs% L,>>,>>>E'% C< &n this case all conditions of the aforesaid resolution are obser!ed% The /o!ernment has also gi!en the land

admeasuring BC acres to this company i%e% +elspun% &t is re1uested to see as to #hether the land granted by this /o!ernment is as per rulesS @< 8uring preliminary in1uiry, 0ari(shita Rathod recorded

statement of 5odarbhai .hantibhai 0ra,apati, .ection 6fficer and considered this statement the order of the /o!ernment% And it is not ta(en on record that as to #hether any /o!ernment Resolution supports his statement% Collector has po#er to grant 2 hectors of land and 2 hectors are considered L hectors in F%&%R% con!ersion of acre is B>BJ s1%mtrs% and in

this #ay con!ersion of L acres is >%2?L s1%mtrs% #ithout seeing the table generally being used in the Re!enue 8epartment, the 0olice 6fficer gi!ing F%&%R% adhered hector based yard stic(% The #ord hector is used #%e%f% @@C in /o!ernment Resolution% 0rior to that acre #as being used and in 5achchh district the table #hich is a!ailable as per old practice, in that & hector is

considered e1ual to L acres% Allotment of land is made as per acre% &t is good, if 2>,>>> s1% mtrs% are no# considered fro 2 hectors, but as per 5achchh district method, land is considered fi!e acres, #hich becomes 2>,2?L s1%mtrs% asper metric systems% & ha!e not done any criminal proceeding, but & ha!e done #or( as per practice, as per method #hich has been in !agne% As per metric system% & hector is e1ual to > thousand s1%mtrs% and acre e1ual to BJBJ s1%mtrs% is the measurement

in metric system, because of that #rong meaning of so called discrepancies is construed and complaint is filed% >< As mentioned in F%&%R% for land allotment in district% 8istrict

land Faluation Committee #as constituted in #hich Collector, 8istrict 8e!elopment 6fficer and To#n 0lanner #ere members, #hereas the Resident 8eputy Collector #as member secretary% &n this F%&%R% my name and designation are sho#n as an accused #hereas names of the 8istrict 8e!elopment 6fficer and the Resident 8eputy Collector are intentionally not #ritten, #hereas only the designation of the To#n 0lanner is sho#n as an accused% This (ind of method of #riting F%&%R% sho#s pre,udice to#ards me% < As per condition L of the abo!e said Resolution the responsibility of determining the price of land is of the To#n 0lanner% 8ra#ing attention to#ards para'2L of this Resolution &

say that as per condition'C the 8istrict Faluation Committee has to depend only on the opinion of the To#n 0lanner, therefore, no responsibility can be fi$ed indi!idually on the Collector%

2<

&n this case, the 8istrict Faluation Committee had fi$ed

the rate at Rs% L ;Fifteen<, #hereas as sho#n in F%&%R% as per Resolution of Re!enue 8epartment dated K'C'2>>L, the rate of land is sho#n at Rs%JCE' ;se!enty eight<% &t is sho#n in F%&%R% that the 8istrict Faluation Committee #as held on 2>'B'2>>B% Ho# the /o!ernment Resolution dated K'C'2>>K can be made applicable to the 8istrict Faluation Committee dated 2>'J'2>>B in this #ayS &n this #ay, gra!e serious mista(e has been committed in F%&%R% 8uring this time & ha!e time and again sho#n the rate of Rs% interference #as made LE' in the /o!ernment% )ut no by the /o!ernment% Had the

/o!ernment found these rate less at the rele!ant time, it could ha!e made interference as per section 2 Re!enue Code% of the :and

?<

& ha!e to further state that generally as per price

determined by e!ery 8istrict :and Faluation Committee, 6rders regarding land allotted by the Collector are placed before the /o!ernment and such orders are sanctioned by the

/o!ernment or changes are effected if re1uired, but the

decisions to file criminal complaint #ere ne!er ta(en% & hope that as &n!estigation 6fficer, you #ould in1uire such

precedents% Therefore, you could (no# that in my case, this F%&%R% is registered e$ceptionally% &n my case, the C&8 Crime inspected such types of files made interpretation capriciously as per their #ill, though it does not amount offence, the fact of this allotment of land is gi!en criminal form% Against me, it is alleged in this F%&%R% that the orders of allotment of land dated >'C'

2>>B and ?'C'2>>B are not intimated to the /o!ernment and committed criminal offence% The complainant of this case is

not con!ersant #ith the procedure of the Re!enue 8epartment% &n such case, the Collector directly does not #rite letters to the Re!enue 8epartment, but the subordinate in officers perform duties% &n #hole of &ndia any Collector does not prepare drafts of the letter of such type alleged in F%&%R% B< &n this F%&%R% it is mentioned that Ra,(ot Gone, C&8 Crime

C%R%4o%?E2> > #hich is registered under the 0re!ention of Corruption Act% As per allegation le!eled therein that someone gi!es .&2 Card only to the 8istrict Collector so, the allotment of land is made to such party gi!ing .&2 Card% &s that idea understandableS As mentioned in the abo!e said F%&%R% >@E2> > in Ra,(ot Gone, F%&%R% 4o%?E2> > it is sho#n that due to receipt of .&2 Card by me, this disputed land is allotted% &n F%&%R% >?E2> > #hich is registered on ? '?'2> >, moti!e of this

offence is not sho#n therein thus, fact of both the F%&%R% interlin(s each other and though they are of same duration and of the same place, yet F%&%R% is registered #ith malice to implicate me #rongfully% &n fact, ob!iating intentionally to sho# the fact of F%&%R% >@E2> > in F%&%R% >?E2> >, separate crime is registered% L< F%&%R% >@E2> > that is to say in F%&%R% sections of ma(ing

forged documents and their use are applied #hereas in detail of F%&%R% there is no clarification or mention as to #hich document is forged, in #hich manner or used% )esides these sections other sections are applied to increase gra!ity of fact% K< After horrible earth1ua(e of the year 2>>>, my

appointment #as made as a 8istrict Collector, 5achchh% &n #hich industrial units #ere to be #elcomed #ith the main goal of reconstruction and rehabilitation of the district% The pro,ect of +elspun /roup #as of Rupees 9ight thousand Crores and on commencement of this pro,ect in 5achchh district soon the prices of land increased !ery much, #hen land #as gi!en to +elspun in 2>>B, the rate of that #as Rs% LE' and after one year become Rs% JCE'% J< 0oints behind inclusion of the Chief 2inister .hri

4arendra 2odi as an accused in conspiracy%

i<

+hen .hri 4arendra 2odi and .hri )% 5% /oyen(a o#ner of +elspun Company #ere going to .ingapore in a 0ri!ate Chartered Flight, the Chief 2inister ga!e in!itation to .hri )% 5% /oyen(a for establishment of industry in 5achchh and ga!e underta(ing that all possible assistance #ould be gi!en%

ii<

.hri )% 5% /oyen(a had spo(en the abo!e said fact, in public on dais is at the time of inauguration of +elspan Company and e$pressed than( of the Chief 2inister, .hri 4arendra 2odi #as also present in this inaugural ceremony%

iii<

The .tate /o!ernment also has allotted BC acres of land to +elspun Company% Iou are #ell a#are that big industrialists ha!e direct intimacy #ith the Chief 2inister, 4arendra 2odi% 8uring foreign tours he goes

accompanied #ith him in chartered plane% &f one thin(s #ith ordinary intelligence, it #ill become clear that #hat (ind of instructions might ha!e been gi!en by him for mobili"ing such industriesS As per &ndian 9!idence Act this is one of the related facts #hich can be accepted% i!< &t becomes legally necessary to ta(e note that the Chief 2inister attends, in presence of the o#ner of that

company for #hich crime is registered #ith regard to grant of land to +elspun Company% !< 8uring the process of allotment of land, the Chief 2inister #ould time and again gi!e instructions through Fideo Conference to complete the #or( of granting land to +elspun Company% 0articularly, in =anuary, 2>>L, he had gi!en instruction that it #as necessary to complete all #or( before Fibrant /u,arat /lobal .ummit% !i< 0ressure #as put by the office of the Chief 2inister as #ell as from the Re!enue 8epartment #ith the ob,ect that +elspun Company may get land speedily% .hri 2u(esh 2odi under .ecretary, Re!enue 8epartment many times phoned me and the R%8%C% and in1uired also about this matter% )arring the abo!e said #ee(ly reports and reports from time to time #ere called for from our Collectorate, 5achchh such as sho# much land is gi!en to +elspun CompanyS +hat progress is made thereinS !ii< &n 2>>L, the Chief 2inister had organi"ed Sharatultsav in 5achchh district% As per instruction of .hri 2odi, during my tenure, the company had first deposited a che1ue of Rs% L>%>> la(h #ith the Colletorate for celebration of 5achchh Sharad Utsav. Thereafter, for the arrangement to be made as per e$pectation of the Chief 2inister as this amount fell short for e$penditure, another che1ue of Rs% 2L%>> #as

gi!en by them% As per my memory, this che1ue #as gi!en in the name of any Trust & #as present #ith the Chief 2inister at the time of Sharadultsav and & had apprised him about the che1ue gi!en by +elspan Company% & (no# that e!en after transfer from 5achchh district ne$t year that is to say in 2>>K, #hen Sharad Utsav #as celebrated, in the time of my successor, the +elspun Company had gi!en a che1ue of Rs% ?L%>> la(hs to the Collectorate as per the demand of .hri 4arendra 2odi%

)ecause of the aforesaid reasons it #ill be clear to you that during my tenure and thereafter the Chief 2inister has, though he is a public ser!ant, not only too( interest personally for granting land to +elspun Company, but also he accepted money by che1ue for spending for his #or(% The personal moti!e .hri 2odi for doing this #as to get ad!antage by indi!idual and political publicity% & belie!e that you ha!e applied section 2>) in F%&%R% ta(ing that

into account the main accused and #ire'puller is .hri 4arendra 2odi%

&n order to be helpful in in!estigation by you, & am ready to bear #itness as per section KB of the Cr% 0%C% on the

abo!e said fact% & #ill gi!e detailed information at that time%

& firmly belie!e that in this case, as sho#n abo!e, though there #as much pressure by the Chief 2inister, & ha!e done #or( as per rules and la#% The matters on #hich you ha!e registered crime, if you in1uire in any district of /u,arat, lands are granted to industrialist for such purpose% & reiterate that the responsibility of fi$ing price #as solely of the to#n planner, #hich becomes clear from para > and 2L of the Resolution dated K'K'2>>?%

Ho#e!er, deciding this #or( as criminal one sections of &ndian 0enal Code are applied against me% According to that the main culprit is .hri 4arendra 2odi and it is your duty to ta(e legal actions against him%

!iii<

As stated in Rule ?J, 0art &&& of the /u,arat 0olice 2anual the 0olice in1uiry should be al#ays impartial and the in!estigation officer has to ma(e all out possible efforts to find out truth e!idence #hich is sho#n as an accused has to be ta(en into account carefully and decision has not to be ta(en #ith unnecessary haste on any point%

& hope that as an &n!estigation 6fficer, you #ill ma(e impartial in!estigation ta(ing my abo!e said submission into account% ;0radip .harma<

Copy for#arded #Ec* < The 8irector, Anti'Corruption )ureau, .hahibaug, 8afnala, Ahmedabad% As per pro!ision of the theory laid do#n by the Honble .upreme Court in case of .hri Abdul Raheman Antule, former Chief 2inister of 2aharashtra, @@2'.CC'22L and other

,udgments on the same case along'#ith that, though .hri 2odi is a public ser!ant, it is re1uested to conduct preliminary in1uiry in respect of malpractice committed by him% 2< The Additional 8irector /eneral of 0olice, C%&%8% Crime, 0olice )ha!an, /andhinagar%

EETR79 C60IEE

/NN09UR0 P-=
0RA8990 .HAR2A, &A. 0lot BKL AE2, .ector /andhinagar, /u,arat @% %2> To .hri A 5 =oti, &A., Chief .ecretary, /o!t% of /u,arat, .chi!alaya /andhinagar, /u,arat% .ub* Re1uest to transfer &n!estigation to C)& to 0re!ent /ra!e )ias in Ra,(ot Gone C&8;Crime< CR 4o% @ of 2> >% .ir, & am #riting to register an urgent re1uest for transferring to the Central )ureau of &n!estigation ;C)&< the ongoing criminal in!estigation against me, to pre!ent #hat has by no# been undoubtedly a prolonged e$ercise of #anton persecuton by the highest political leadership, i%e%, 2r% 4arendra 2odi, the current Chief 2inister ;C2< of the state of /u,arat% The follo#ing facts may help you understand my claim as to #hy the C2 #ould continue to ,eopardi"e due process, as he has o!er the past one year, in order to inflict gra!e damage to both my professional career and my fundamental rights% &t may also shed light on reasons #hy the criminal case #as framed against me in the first place% Iou are a#are that & #as arrested on K% %2>>> in connection #ith 2 Case 4o% E2>>C% 8espite being a senior &A.

6fficer, ha!ing ser!ed as the 8istrict 2agistrate of t#o districts in the past, & #as summarily arrested from my official residence in )ha!nagar at >L%?> hours in the early morning, in a manner of surprise, #ithout any prior intimation of cause or e$planation and #ithout affording me a single opportunity to con!ey my defense in the matter% The /o!ernment opposed my bail plea in the .essions Court, the Hon% High Court and the Hon% .upreme Court% &n the Hon% High Court, the state Ad!ocate /eneral and the Additional Ad!ocate /eneral appeared for the .tate and in the Hon% .upreme Court, a senior .upreme Court ad!ocate charging hefty legal fees #as engaged by the state /o!ernment to oppose my bail% 2y bail pleas #ere denied repeatedly by the courts #ithin the state system o!er an e$tended period of eight months% .uch #as the intensity of personal interest ta(en by the C2, abusing the po#ers entrusted to him in his official capacity% Finally, ho#e!er, the Hon% .upreme Court of &ndia #as pleased to allo# my .pecial :ea!e 0etition in the said case on K%@%2> >% Also as you are a#are, the initial case has since been unbundled into an ongoing series of indi!idual cases and arrest #arrants% +hile & #as in ,udicial custody, in !iolation of all legal norms and ,udicial propriety, a second case #as filed against

me under the 0re!ention of Corruption Act% This pertains to use of mobile phone .&2 cards allegedly gi!en to me% 6n this matter, & am before the Hon% High Court and the Ho% .upreme Court%

+hile the intention of (eeping me behind bards indefinitely, undoubtedly at the behest of the C2 for reasons gi!en in the succeeding paragraphEs, the .tate C&8;Crine< has imposed a third case, on 2L%@%2> >, that being Ra,(ot Gone C&8;Crime< CR 4o% @ of 2> > and pertaining to land allotment to the +elspun /roup of companies #ithin the .9G in 5achchh in my capacity as the Collector and 8istrict 2agistrate at the time% & ha!e since addressed a communication to the &n!estigating 6fficer, 8y% .%0% .hri 5%0% /a,ipara, placing on record facts about t#o che1ues #orth Rs% L>%>> la(hs and Rs% 2L%>> la(hs from the same +elspun /roup, gi!en for use to#ard the .hared 7tsa! organi"ed in 2>>L in 5achchh at the behest of and for personal and political gain of the C2% The letter goes on to mention that, e!en after & #as transferred out of 5achchh district, sum of Rs% ?L%>> la(hs from +elspun #as recei!ed by my successor in office, .hri 8hanan,ay 8#i!edi to#ards the same cause the follo#ing year% Thus, +elspun #as a ma,or donor to#ard the C2s political propaganda at the time and has remained so o!er the years% +hile these chec(s #ere

recei!ed initially in the 5achchh Collector 6ffice, a 5achchh .harad 7tsa! Trust #as set upA through the medium of this Trust, the C2 accepted pecuniary befits for his o#n personal, political ad!antages% & am enclosing a copy fo the said letter for your ready reference% A plain reading of the enclosed letter #ill re!eal to you that no offence has been committed by me and yet an F&R has been lodged specifically against me in this matter although, in light of the facts mentioned in the enclosed letter, it should be the C2 #ho should be tried as the Chief conspirator and the main accused% &n the representations that & ha!e made before !arious ,udicial forms and in the petitions filed before the Hon% High Court and the Hon% .upreme Court, & ha!e gi!en plausible e$planations for the grie!ous persecuation by the state authorities, but ha!e refrained from di!ulging one important reason for the Chief 2inisters desperate attempts to (eep me behind bars% The cause of the Chief 2inisters malicious and !indicti!e actions against me stem from his special interest in a #oman and that & had stumbled upon certain facts about his relationship #ith her% +ith the ob,ecti!e of not #ashing dirty linen in public and as an aspect of ci!ili"ed beha!ior, (eeping in mind a ladys reputation and the sanctity of high offices, & ha!e refrained from mentioning any detail about this sordid episode in any of my petitions and (ept it out of the public domain%

Ho#e!er, if you so desire, & can con!ey the details to an appropriate statutory authority, pro!ided a formal in1uiry is ordered in this regard and pro!ided further that such statutory authority is not constituted or controlled by the .tate /o!ernment, it #ill no# b e clear to you that the arri!al of police at my residence at >L%?> hours in the morning on K% %2>>> #as #ith the intention of sei"ing laptop, computers and mobile phones not only those belonging to me but also of the staff a!ailable at the bungalo#% & belie!e that the moti!ation behind and the e$ecution of the arrest are consistent #ith confirming the fears of .hri 4arendra 2odi that & may be in possession of incriminating e!idence against the Chief 2inister% 2y arrest #as a manifestation of 2r% 4arender 2odis personal and political agenda% &n !ie# of the abo!e, no policy agency in the state og /u,arat #ill in!estigate the abo!e'mentioned offence registered against me in a fair and free manner% &t is therefore re1uested that the offence registered against me !ide Ra,(ot Gone C&8;CR&29< CR 4o% @E2> > be transferred #ithout delay to the Central )ureau of &n!estigation ;C)&< for further in!estigation% &n !ie# of the gra!e bias on the part of the C2 and in! ie?# of the specific allegation contained in my enclosed letter to the &n!estigating 6fficer and ha!ing regard to his 1uestionable

relationship #ith a certain #oman referred to abo!e, it is re1uested that this matter may not be placed before the Chief 2inister or any member of his Council of 2inisters, but may be put up to any other Constitutional authority for orders% Than(ing you, Iours sincerely, .dE' ;0radeep .harma, &A.< 9ncl* Copy of :etter dated /a,ipara Copy #ith compliments to* % 8irector /eneral of 0olice, /u,arat .tate, 0olice )ha!an, /andhinagar 2% The additional 8irector /eneral of 0olice, C&8;Crime<, /u,arat .tate, 0olice )ha!an, /andhinagar% % 2%2> > to 8y% .%0% .hri 5%0%

EETR79 TI098 C60IEE

/NN09UR0 P-A
-IRS, IN-OR2/,ION R0POR, O- ,10 CO'NIJ/6+0 O--0NC0 ;under section LB of the code of criminal procedure< % 8istrict 0o%.tation Iear* 2> )hu, C&8 crime Ra,(ot 2 ; < ;2< ;?< ;B< Act &0C %%%%%% %%%%% .ections .ections 2 J, B>@, 2>') %%%%%%%%%%%%%% %%%%%%%%%%%%%% First &nformation No. 1G11 date* 22E>2E2>

6ther Acts and sections

? ;A< 8ate and time of From date 2 E> E2>>B to date April, 2>>L commission of an offence ;)< ;C< from hrs% to hrs% Time* 2?E>>

6ffence declared ;in 0o%sta%< 8ate 22E>2E2> .tation 8iary 9ntry ;Registration< 4o% 2

Time* 2?E>L

B%

Ho# the information #as recei!ed* #ritten or oral * complaint is recei!ed in #riting in person%

L%

.cene of offence *

;A<

8istance and direction of

scene of offence from 0o%sta% 2o,e .amaghogha, Tal% 2undra and office of the 8istrict Collector, )hu, ;5achchh< 4ame of )eat 4umberE6%0o%Echa#(y ;)< ;C< Address 4ame of that po%sta% if offence is out of %%%%%%%%%%%%% 8istrictEcity %%%%%%%%%%%%%%%%%%%%%%% .tate %%%%%%%%%%%

that po%sta% K% ;A< crime ;)< ;C< ;9<

ComplainantE&nformant* 4ame*

&n!estigation cell, )ha!nagar

5%2% Ra!al, 8etecti!e 0olice &nspector, C&8

4ame of father* 8r% 2ar(andray )halchandra Ra!al 8ate of birthEyear JE>JE @JB 0assport number%%%%%%%%%%% ;8< 4ationality* &ndia 8ate of &ssue of

passport 0laceEaddress of office issuing passport %%%%%%%%%%%%%%% ;F< ;/< 6ccupation* 8etecti!e 0olice &nspector

Address* 0lot 4o% JJ?E), Tri!eni, &n 5hancha of 8r% 4ilu

Faishna!, Tila(nagar, )ha!nagar J% 4ame, address, full details of accusedEinformation #ith all details of indentifiedEsuspectEunidentified accused< % .hri 0radip(umar 4iran(arnath .harma, &A., the then Collector, 5achchh')hu,% 2% The then To#n 0lanner, 5achchh')hu, etc%

C% @%

Reason of gi!ing information late &f theft is committed full description of the property stolen%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%

>% %

Total !alue of the property stolen Accidental death number ;if any<% .ate G! G !11

&, 5%2% Ra!al, 8etecti!e 0olice &nspector, C&8 Crime, &n!estigation Cell, )ha!nagar, age* ?K years residence 0lot 4o% JJ?E), Tri!eni, &n 5hancha of 8r% 4ilu Faishna!, Tila(nagar, )ha!nagar, 2obile 4o% @J B BK>>>% The fact of my complaint for the go!ernment is such as & ha!e been performing duty from 22E@E2> > as a 8etecti!e 0olice &nspector, C&8 Crime, &n!estigation Cell, )ha!nagar, duties of my function includes in!estigations of crimes and preliminary in!estigationsEin!estigation of application that may be entrusted to me by the A%8%/%0% C%&%8% Crime and Rail#ays, /u,arat .tate, /andhinagar and legal #or( that may be entrusted as per orders of the superior officers% 6n the strength of the /o!ernment order, Home 8epartment 4o% F'iE5.FE >2> >E C dated B'@' > and under his office

letter 4o% Te'2)Epra%t%E,a'4o%JKJE > dated 2@'@'2> >, the honble A%8%/%0% C%&%8% Crime and Rail#ays, /u,arat .tate, had entrusted in!estigation of preliminary in1uiry 4o% LE2> >% 6n

the basis of this preliminary report under /o!ernment letter, Home 22E2E2> 8epartment 4o% F'iE5AFE >2> >E C dated

, the Adal% 8%/%0% C%&%8% crime and Rail#ays, /u,arat

state, /andhinagar has authorised me to file this complaint under his letter 4o% Te%2E)E&n1uE >CE2> dated 22E2E2> %

.hri 0radip(umar 4iran(arnath .harma, &A., had been performing duty from 2E>LE2>>? to dt% ?EKE2>>K as a Collector and 8istrict 2agistrate 5achchh')hu,% 8uring his tenure of duty applications #ere made by .hri .6+ pipes :imited company to allot lands abutting sur!ey 4os% ??KE?, ??KE2, ?2K, ?>>, ?> and ?JJE2@BE? etc% as #ell as #aste lands at mo,e .amaghogha, Talu(a 2undra, 8istt% 5achchh')hu,, for

industrial purpose% &n persuance thereof the meeting of the 8istrict le!el district land !aluation committee of 5achchh')hu, #as held on LE?E2>>B under the chairmanship of .hri 0radip .harma, Collector, the 8eputy Resident Collector #as as a member secretary of the committee and .hri 4%2% 8esai, To#n 0lanner remained present as a member% &n the agenda of the said 8istrict :and Faluation Committee held on LE?E2>>B, total ?? chapters #ere included% &n #hich from .r% 4os% to B, out

of sur!ey nos% ; < ??KE? ;2< ??KE2 ;?< out of ?2K ;B< out of tra%4o% ?2K ;out of road< of mo,e .amaghogha Tal% 2undra total B chapters of lands demanded by so# pipes limited company #ere ta(en on agenda, price of total BK,>@C s1% mtrs% of lands

#as determined% At the rele!ant time, on clarification that instead of JCLL s1% mtrs% out of .%4o% ?2K mentioned in the abo!esaid .r% 4o% B it #as the land of C,@?> s1% mtrs% out of Tra% s% 4o% ?K@, order #as made accordingly, and in this #ay, the price of total BJ, J? s1% mtrs% of lands #as determined in the 8istrict Faluation Committee dated LE?E>B and total B separate orders relating to this #ere made for allotment of go!ernment #aste land and to the .o# 0ipes :imited company and allotment orders of lands out of road #ere made% 6n studying the certified files of original chapters of these orders during preliminary in1uiry, it #as found that in the application dt% 2 E E2>>B for demand of land, demand of land of total K go!ernment sur!ey numbers #as made by .hri .o# 0ipes :imited, applicant% /etting three photo copies of that application made, ma(ing three chapters, (eeping one copy each in all the three chapters, sho#ing different in #ord numbers on the same day that is to say on 2?E E2>>B ma(ing different orders for ?,CLB s1% mtrs% out of sur!ey 4os% ??KE?, ?,CK> s1% mtrs% out of sur!ey 4o% ??KE2, 2>L?C s1% mtrs% out of sur!ey no% ?2K, thus in total three cases, made different orders on the same day i%e% on 2LE?E>B, total ?C,2B? s1% mtrs% of land #as allotted by .hri 0radip(umar .harma, the then Collector, to .hri .o# 0ipes :imited%

:oo(ing to the orders made to .hri .o# 0ipes company out of sur!ey no% ?K@, the application dated 22E E2>>B of the company, is found to ha!e been presented also in the 8istrict :and Faluation Committee on the same date LE?E>B% &n the case of allotment of land for industrial purpose as directed under /o!ernment Resolution, Re!enue 8epartment,

Resolution 4o% =24E?@2'>>?EBLBEA dated K'K'>?, the limit of the po#er of the Collector is t#o hectares upto mar(et price of Rupees L la(h for allotment of land for industrial purpose% Thus presenting as different chapters in the 8istrict :and Faluation Committee dated LE?E>B, the proposal of demand of #aste land by .hri .o# 0ipes :imited company o!erriding the limit of po#er delegated under /o!ernment Resolution, Re!enue 8epartment, Resolution 4o% =24E?@2'>>?EBLBEA dated K'K'>?,alloted total BJ, >? s1% mtrs% of land to .hri .o# 0ipes :imited company, not sending these proposals to the /o!ernment for appro!al, it is found that .hri 0radip(umar .harma, the then Collector, caused economic loss to the /o!ernment, committed criminal breach of trust in respect of property entrusted to him% 8uring preliminary in1uiry it is found that in the said chapters the opinion sho#ing consent of the commissioner of

&ndustriesE&ndustry officer #as not secured as per condition

specified in the /o!ernment Resolution, 4o% =24E?@2' >>?EBLBEA dated K'K'>?% .hri 4%2% 8esai, the then To#n 0lanner had presented, in the 8istrict :and Faluation Committee dated L'?'>B, the !aluation report of sur!ey numbers demanded by the applicant in the said chapter% &n #hich it is found during preliminary in1uiry that process #as not carried out as per procedure or guide lines for !aluation of land mentioned in the /o!ernment circular, planning and !aluation department, 4o% !aluationEcircularEL dated 2?'@'2>>2% Thus, .hri 0radip(umar .harma, the then Collector, 5achchh' )hu, and .hri 4%2% 8esai, the then To#n 0lanner, )hu, #ith the intention to sa!e company, .o# 0ipes :imited company mo,e .amaghogha, Tal% 2undra, #hich #as under encumbrance as per rules, ho#e!er, disregarding the legal directions as to ho# he should beha!e in the capacity of a public ser!ant, in collusion #ith the company and other officersE employees of the go!ernment, causing economic loss to the go!ernment, committing criminal breach of trust in respect of property entrusted to him, as the said company #as liable for encumbrance, ho#e!er, the order of the la# #as disregarded, my complaint is for ta(ing action as per rules, as per sections 2 J, B>@, 2>') of &0C against him% B

2y #itnesses are .hri 5%:% 2a(#ana, Chitnis to Collector, .hri Haroon .ama, T%C% 2antri, .amahogha, .hri .%F% 8a!e #ho #ere e$amined during preliminary in1uiry and other #itnessees e!idence etc% that may be found during in!estigation% This is fact of my complaint ?% ;A< ;)< ;C< ;8< 8etails of process after the crime is registered% Crime registered and in!estigation started &n!estigation entrusted to .hri %%%%%%%%%%%%%%designationE)%4o% Reasons of not in!estigating the crime %%%%%% 4ame of 0o%sta% %%%%%%%%%% district %%%%%%%%% ;city< to #hich in!estigation of crime is transferred on reading o!er the complaint of the complainant ha!ing understood the same, signed and recei!ed copy free of charge .ignatureEthumb impression of the complainant B% .ignatureEthumb impression of the information .ignature of the 0o%.ta% 6fficer 4ame 8esignation %%%%%%%%%%%%%%% )%4o% L% 8ate of sending to the honble court concerned date %%%%%%%%%%%%%%% time

This is fact of my complaint%

sdE'

)efore me sdE' Ra!al ;5%2% Ra!al< 8etecti!e 0olice &nspector C&8 crime, &n!estigation Cell,

)ha!nagar Copy for#arded #ith compliment To The honble =udicial 2agistrate, )hu, Corutm, )hu, Ra!al ;5%2% Ra!al< 8etecti!e 0olice &nspector C&8 crime, &n!estigation Cell, )ha!nagar =a#a( 4umber 22KE2> 6ffice of the 8y% .uperintendent of 0olice C%&%8% crime, Ra,(ot, 8t% 2?E2E2> )% ;A< ;)< %

8etails of process after crime is registered% Crime registered and in!estigation started ;&n!estigation entrusted to .hri F%5% 0andya%%%%%%8esignationE)%4o% 8%0l &ns%

;C< ;8<

Reasons of not in!estigating the crime 4ame of 0o%sta%%%%%%%%%%% 8istrict %%%%%%%%%%%%%%%% city %%%%%%%%%%

on reading o!er the complaint of the complainant, ha! ing understood the same, signed and recei!ed copy free of charge% .ignature of the complainant sdERa!al

B%

.ignature of the informant sdERa!al

sdERa!al

.ignature of the 0o%.ta% 6fficer 4ame * 5%2% Ra!al 8esignation * 8%0o%&ns% L% 8ate of sending to the Honble court concerned date * 22E>2E2> Time * 2?%>>

EETR79 TI098 C60IEE

IN ,10 SUPR020 COUR, O- IN.I/ ;Criminal 6riginal =urisdiction< Crl% 2% 0% 4o% of 2> &4 +%0% ;Crl%< 4o%VVVVVVVV of 2> IN ,10 2/,,0R O0radeep 4% .harma Fs% .tate of /u,arat O 6rs% -Respondents -0etitioner

/PP+IC/,ION S00BIN' 0902P,ION -RO2 -I+IN' ,10 O--ICI/+ ,R/NS+/,ION O- ,10 /NN09UR0 P4 P> K PA ,o ,10 C1I0- 7US,IC0 O- IN.I/ 1IS CO2P/NION 7US,IC0S O- ,10 1ON56+0 SUPR020 COUR, O- IN.I/ ,10 1U26+0 /PP+IC/,ION O- ,10 P0,I,ION0R /6O&0 N/20. 2OS, R0SP0C,-U++Y S1030,18 % That the present petition has been filed by the 0etitioner

see(ing the transfer of the cases lodged against him #ith the .tate Crime branch to an independent in!estigati!e agency, Central )ureau of &n!estigation ;C)&<, since the said cases ha!e been lodged simply to falsely implicate the 0etitioner at the behest of the Chief 2inister of the .tate% 2% The facts and circumstances gi!ing rise to the

accompanying 0etition are set out therein in detail and are not repeated here for the sa(e of bre!ity% The 0etitioner cra!es lea!e of this Honble Court to treat the same as an integral part of the present application as #ell%

?%

That the documentsEAnne$ures 0? ' 0K O 0C filed by the

applicants along #ith the +rit 0etition are in /u,arati language and could not be officially translated due to paucity of time% The Applicant herein cra!es lea!e of this Honble Court to be e$empted from filing official translations of the same and to file the 9nglish translation of the said documents% B% That the Applicants ha!e a prima facie case in his fa!our

and the balance of con!enience is in fa!our of the applicants and against the Respondents% That the applicants #ould be greatly pre,udiced if the present application is not allo#ed% PR/Y0R &n the facts and circumstances the Applicants abo!e named most respectfully prays that this Honble Court may be graciously pleased to* ' ;a< e$empt the 0etitioner from filing the official

translation of Hindi Anne$ure 0? to 0K O 0C ;b< pass such other and further order;s< as may deem fit in the circumstances of the case% /N. -OR ,1IS /C, O- BIN.N0SS ,10 /PP+IC/N,S /S IN .U,Y 6OUN. S1/++ 0&0R PR/Y F&:98 )I

49+ 89:H&

(SUNI+ -0RN/N.0S)

8AT9* 2K%B%2> Applicant

Ad!ocate for the

IN ,10 SUPR020 COUR, O- IN.I/ ;Criminal 6riginal =urisdiction< Crl% 2% 0% 4o% of 2> &4 +%0% ;Crl%< 4o%VVVVVVVV of 2> IN ,10 2/,,0R O0radeep 4% .harma Fs% .tate of /u,arat O 6rs% -Respondents -0etitioner

/PP+IC/,ION -OR 09-P/R,0 IN,0RI2 .IR0C,IONS ,OC ,10 1ON56+0 C1I0- 7US,IC0 O- IN.I/ /N. 1IS CO2P/NION 7US,IC0S O- ,10 SUPR020 COUR, O- IN.I/. ,10 1U26+0 P0,I,ION O- ,10 /6O&0 N/20. P0,I,ION0R. 2OS, R0SP0C,-U++Y S1O30,18 % That the present petition has been filed by the 0etitioner see(ing the transfer of the cases lodged against him #ith the .tate Crime branch to an independent in!estigati!e agency, Central )ureau of &n!estigation ;C)&<, since the said cases ha!e been lodged simply to falsely implicate the 0etitioner at the behest of the Chief 2inister of the .tate%

The facts of the case ha!e been stated in detail in the accompanying petition and the same are not repeated herein for the sa(e of bre!ity and may be treated as part and parcel of this application for directions%

2%

The 0etitioner is an &A. officer belonging to the /u,arat cadre, #ith an unblemished record of outstanding performance throughout his career% He has recei!ed numerous accolades for his #or( for proacti!e

international collaboration on ,oint urban infrastructure de!elopment pro,ects in =amnagar, /u,arat, bet#een 2>> and 2>>? #hen the 0etitioner ser!ed there as the 2unicipal Commissioner and has been applauded for his efforts in rebuilding 5utch after the earth1ua(e% ?% 8espite such an impressi!e array of achie!ments and ser!ice record, the 0etitioner is currently languishing in ,ail due to his implication in a number of criminal cases at the behest of the .hri 2odi'led .tate /o!ernment% A perusal of the rele!ant facts #hich has led the Chief 2inister and .tate /o!ernment to implicate and !ictimi"e the present 0etitioner #ill re!eal that it is impossible to hold an impartial in!estigationEtrial as the Chief 2inister himself is personally or directly interested in the outcome of the in!estigations #hich are more in the nature of a #itch'hunt launched against the present 0etitioner%

B%

This Honble Court in a catena of decisions has held that Right to Free and Fair Trail is not only an important fundamental right, emanating from Article 2 of the

Constitution, a!ailable to all citi"ens of this country, but also a constitutional imperati!e #hich has to be enforced #ithout e$ceptions% &n order to assure and protect this pre'eminent fundamental right, this Honble Court, in a number of appropriate cases, deemed it necessary to ha!e in!estigations and trial conducted through the speciali"ed agency li(e the C)&% L% &t is most humbly submitted that the la# as laid do#n by this Honble Court in transfer of cases to the C)& #ould s1uarely apply to the facts and circumstances of the present case, #hich star(ly depicts political !ictimi"ation of an upright senior &A. officer of impeccable credentials, at the hands of a pliant administrati!e state machinery headed by a !indicti!e Chief 2inister of the .tate of /u,arat 3 .hri 4arendra 2odi% K% At the outset, the 0etitioner most respectfully submits that !ide the instant petition he is not see(ing 1uashing of the false cases foisted on him% He is also not see(ing to escape nor circum!ent the legal process and procedure% Ho#e!er it is respectfully submitted that as per the oft repeated legal ma$im 3 =ustice must not only be done

but also appear to be done 3 the 0etitioner prays that in !ie# of the contents of the instant petition and the allegations against the Chief 2inister and the .tate 2achinery, it cannot be held, by any reasonable man, that there #ould not be bias and pre,udice against the 0etitioner herein in the cases fabricated against him by the state machinery and, on this ground alone, the cases currently in!estigateEtried by the .tate 0olice ought to be transferred to the C)&% J% The persecution personally unleashed by the .tate Chief 2inister, 3 .hri 4arendra 2odi, against the 0etitioner herein is due to t#o ma,or reasons, apart from a host of other supporting factors* '

;i<% Firstly, the 0etitioner happens to be the younger brother of 5uldip .harma, a highly'decorated and currently the senior'most &0. officer in the /u,arat state cadre, #ho has unmas(ed many misdeeds of 4arendra 2odi since the 2>>2 /odhra riots and also of his henchman .hri Amit .hah, the e$'Home 2inister of .tate, /u,arat% The t#o siblings ha!e !ery close to each other right from childhood and share !ery strong fraternal bonds% ;ii<% .econdly, and more immediately, the 0etitioner is suspected of ha!ing stumbled upon some intimate

secrets of 4arendra 2odis illicit escapades #ith a #oman named 2s% 2ansi .oni% .hri 2odi !erily belie!es that this information of his amorous and illicit liaison #ith 2s% .oni, if re!ealed in the public domain, #ill render incalculable and gra!e damage to his public image and his future political prospects% 2r 2odi suspects that the information regarding his liason #ith 2s .oni #ould be re!ealed in the public domain through the petitioner herein and hence as a pre'empti!e measure sought to incarcerate the petitioner herein implicating him in false cases% The petitioner, faced #ith sustained and constant !ictimi"ation is forced to disclose these facts, #hich #ere not re!ealed earlier by him, as he is left nho other option%

&%

F&CT&2&GAT&64 879 T6 TH9 0R6H&2&TI 6F TH9 09T&T649R +&TH H&. )R6TH9R ' .HR& 57:8&0 .HAR2A, &0.*

C% .hri 5uldip .harma, the brother of the 0etitioner herein is the senior most &0. officer of the .tate of /u,arat, belonging to the @JK batch% He has functioned as

Additional 8irector /eneral of 0olice, C&8 ;Crime< from 2C%B%2>>? to > %C%2>>L% .hri 5uldip .harma, after ta(ing o!er the abo!e post, came across !arious pending cases

in #hich .hri 2odi and the then Home 2inister of the .tate .hri% Amit .hah #ere interested% @% 6ne of them #as the .oharabuddin Case #hich is a matter pertaining to death of one .hri .oharabuddin in a fa(e police encounter% &n the said case, the 0etitioners brother appro!ed a report to be sent to this Honble Court% Till that time, only the file of the preliminary in1uiry conducted by 0olice &nspector, .hri .olan(i of the .tate C&8 ;Crime<, had e$isted, #hich prima facie established the fact that .oharabuddin #as (illed in a fa(e encounter% .hri 4arendra 2odi held a grudge against the 0etitioners brother since he ordered the said interim report to be sent to this Honble Court, #hich ultimately lead to the arrest of his confidante .hri% Amit .hah, causing .hri 4arendra 2odi a tremendous loss of public face and political embarrassment% >% &n yet another incident, an offence #as registered against 2s% 2alli(a .arabhai, #hich pertains to the danseuses plan to ta(e a troop to 7.A and .outh America and the allegation #as that she #as using her organi"ation to ta(e people illegally to 7.A and indulging in human traffic(ing% &t is pertinent to note here that 2s% .arabhai #as also a 0etitioner before this Honble Court in a petition filed against the Chief 2inister and others #ith

regard to post'/odhra communal riots in /u,arat during 2>>2% The C&8 ;Crime< too( o!er the case on 2>%@%2>>B% Ho#e!er, in!estigation by the .tate C&8 ;Crime< re!ealed that no offence as alleged could be made out against 2s% .arabhai% 8espite this, .hri Amit .hah, the then 26. ;Home<, at the behest of .hri 2odi, #as bringing pressure to arrest and charge'sheet 2s% .arabhai% Ho#e!er, .hri 5uldip .harma directed the closure of the case, as it #as baseless% This also angered 2r 2odi% % &n another instance, in a #rit petition filed before the Honble High Court of /u,arat, allegation of e$tortion of money #as made against .hri 5amlesh Tripathi, a close associate and a political ally of .hri Amit .hah, 26. ;Home<, /u,arat% The Honble High Court directed the 8/0 to ha!e the matter in1uired into, #ho, in turn, entrusted the same to the .tate C&8 ;Crime<% After perusal of the case, the 0etitioners brother directed the concerned .uperintendent of 0olice in C&8 ;Crime< to get an offence registered as necessary and appropriate under the la#% &mmense political pressure #as brought on the concerned .0, .hri Anil 0ratham not to do so% 9!entually the complaint came to be registered much against the #ishes of .hri Amit .hah%

2%

&n yet another serious case, #hen .hri 5uldip

.harma #as up in arms against the personal interests of .hri 2odi and .hri Amit .hah upon an in1uiry, in #hich allegations #ere made that Amit .hah had recei!ed an amount of Rs% 2%L crores, through an intermediary .hri /irish 8ani, in the matter of a case about financial fraud in 2adha!pura 2ercantile Co'operati!e )an( :imited, Ahmedabad, by .hri 5etan 0ari(h #ho #as the prime accused in this offenceA the Rs% 2%L crores #as alleged paid by .hri /irish 8ani to .hri Amit .hah to inter!ene on behalf of .hri 5etan 0ari(h and spare him any legal or criminal action% .hri 5uldip .harma felt that a proper in!estigation #as necessary in the interest of .hri Amit .hah, so as to clear .hri Amit .hahs name of any false allegations of ha!ing ta(e the Rs% 2%L crores of bribe if he #ere indeed not in!ol!ed, and had recommended that since the original in!estigation pertaining to .hri 5etan 0ari(h #as done by C)&, the application le!eling charges against .hri Amit .hah also be sent to C)&% 2ean#hile .hri 5uldip .harma #ent to attend a conference outside the .tate and upon his return he #as informed that he had been transferred from C&8 ;Crime<% ?% The 0etitioners brother, .hri 5uldip .harma, too has suffered at the hands of the C2 .hri 2odi% His ACRs for

last L years ;2>>?'2>>B to 2>>J'2>>C< #ere do#ngraded by .hri 2odi, #ithout assigning any reasons and in bra"en and direct !iolation of the statutory rules and administrati!e instruction of the 8epartment of 0ersonnel and Training ;8o0T<% The Chief 2inister do#ngraded the ACRs of .hri 5uldip .harma #ith the malafide intention of denying him promotion to the ne$t higher ran( as at least three outstanding ACRs are re1uired out of last > years to 1ualify for the ne$t promotion% The 0rincipal )ench of the Honble Central Administrati!e Tribunal ;CAT< !ide final order and ,udgment dated >J%>B%2> has set aside the do#ngrading of the ACRs of .hri 5uldip .harma on grounds of it being arbitrary and illegal% B% &t is submitted that the 0etitioner has been harassed by the Chief 2inister in order to settle personal scores #ith .hri 5uldip .harma, the brother of the 0etitioner% The .tate machinery is being abused by those at the helm of po#er, primarily .hri 4arendra 2odi and .hri Amit .hah, for their personal !endetta%

&&%

TH9 CH&9F 2&4&.T9R. &::&C&T :&A.64 +&TH 2. 2A4.& .64&*

L% &t #as in bet#een 2>>? to 2>>K that the 0etitioner, in the capacity of 8istrict Collector of 5utch, commissioned a series of pro,ects to#ard the beautification of )hu, city and o!erall de!elopment of 5utch district% A site #as selected for de!eloping a hill garden in 2>>L, for #hich 2s% 2ansi .oni from )angalore #as selected as the :andscape Architect% The Chief 2inister, .hri 4arendra 2odi, !isited 5utch to inaugurate the hill garden pro,ect upon its completion, and #as at this time introduced to 2s% .oni% Thereafter, 2s% .oni communicated to the 0etitioner her decision to return to )angalore as #ell as shared her ongoing interaction #ith the Chief 2inister% The fact of the intimacy bet#een .hri 2odi and 2s% .oni #as confirmed #hen the 0etitioner #as in close pro$imity of the t#o and o!erheard their con!ersation during one of the official functions% .ubse1uently, 2s% .oni further re!ealed to the 0etitioner that #hen she called .hri 2odi in his office, he #ould freely interrupt scheduled meetings, #al(ing out of his office on senior officials in order to spea( to her pri!ately% K% 8uring the second #ee( of 2arch 2>>K at appro$imately L*>> 02, 2s% .oni called the 0etitioner and con!eyed that she had ,ust landed in Ahmedabad city and #as planning to !isit )hu,% .hortly thereafter, #hen the

0etitioner attempted to telephone her, 2s% .onis cell phone #as s#itched off and remained so for the ne$t BC hours% T#o days later at appro$imately *>> A2, 2s%

.oni called the 0etitioner and con!eyed that she #as at the residence of .hri 2odi, and had spent the duration of the pre!ious t#o days at his residence% .ubse1uently, she met the 0etitioner in )hu, and described in detail her stay #ith .hri 2odi% J% Thereafter, 2s% .oni described that the ne$t day being Holi, many people !isited .hri 2odi for the festi!al and played #ith colour% .hri 2odi attended to them briefly and returned to his 1uarters% &n the meantime, 2s% .oni had de!eloped fe!er and re1uested a physician, but .hri 2odi con!eyed that calling a physician #as impossible, gi!en the peculiarity of their situation% The follo#ing morning she left for Fadodara in a car sent for by .hri 2odi% C% &n 4o!ember 2>>C, #hile the 0etitioner #as posted as 2unicipal Commissioner, )ha!nagar, 2s% .oni contacted the 0etitioner to inform him that .hri 2odi had as(ed her to do a pro,ect on Alang .hipyard for #hich she #ould li(e to come to )ha!nagar% .he came to )ha!nagar and, during that time, the 0etitioner obser!ed that she #as constantly in touch #ith .hri 2odi, #ho #as abroad and probably in .outh Africa% .he also con!eyed to the

0etitioner that .hri 2odi had as(ed her about the 0etitioner and #hether the 0etitioner (ne# about her intimate relationship #ith .hri 2odi% &n one con!ersation, 2s% .oni sho#ed the 0etitioner a te$t message that the Chief 2inister had sent to her from abroad% The 0etitioner made a note of the cell phone number from #hich it had originated% The number #as @@>@@2?B>>% @% &t is submitted that the 0etitioner had t#o cell phones at the time, #ith 4os% @@2L @@J@@ and @C2B> > J2@% 6n one of these, the 0etitioner had sa!ed the aforesaid number from #hich 2s% .oni had recei!ed personal message from .hri 2odi% 6nce, the 0etitioner

accidentally dialed .hri 2odis number, thin(ing that he #as actually calling someone else, but the 0etitioner got no reply on .hri 2odis phone% The 0etitioner reali"ed his mista(e and promptly disconnected% The 0etitioner !erily belie!es that .hri 2odi must ha!e found out the address of the holder of the .&2 card from #hich his personal number #as MaccidentallyN dialed, and placed it under obser!ation either #ith the help of .tate C&8

;&ntelligence< or illegal phone tapping methods in!ol!ing the use of electronic e1uipment through unauthori"ed collaboration% .hri 2odi could then ha!e found that 2s% .oni #as spea(ing to the 0etitioner often o!er phone%

2>% Around this time, the 0etitioner recei!ed an anonymous letter con!eying that a !ideo of se$ual acti!ity bet#een 2s% .oni and one person, #as a!ailable on an internet #ebsite, and the letter ad!ised the 0etitioner to desist from contacting 2s% .oni, as her character and actions #ere not befitting of her company #ith /u,arat .tate officials% The 0etitioner did indeed come across such a !ideo clipping and it no# appears to the 0etitioner that .hri 2odi, #ho #as monitoring the 0etitioners cell phone calls, started belie!ing that !ideos in!ol!ing 2s% .oni perhaps included him i%e% .hri 2odi% 2 % &t is submitted that the first case #as registered against the 8istrict 2agistrate and Collector of 5utch 8istrict on

2>%>2%2>>C in #hich the 0etitioner #as not named as the accused but thereafter, in order to frame the 0etitioner, !arious cases #ere registered% The details of these cases are* ;!< 2% Case no% E2>>C* registered on dated 2>%2%2>>C #ith the C&8 ;Crime< Ra,(ot "one% ;!i< CA.9 46% ?E2> > registered #ith C&8 ;CR&29< Ra,(ot Gone% ;!ii< CA.9 46% @E2> > registered #ith C&8 ;CR&29< Ra,(ot Gone%

;!iii<

C&8 ;Crime< Ra,(ot Gone 4o%

E2>

6ffence registered under section 2 J, B>@, 2>;)< of &0C, registered on 22%2%2> 22% %

&t is submitted that the aforesaid cases are being in!estigated by the .tate C&8 ;Crime< )ranch and the proceedings being orchestrated under (een personal super!ision of the Chief 2inister of the .tate #ho, as narrated abo!e, has more than one reason to be pre,udiced and biased against the 0etitioner% The said cases ha!e been filed only to malign and torture the 0etitioner since he is the brother of .hri 5uldip .harma and because the Chief 2inister is con!inced that the information of his liaisons #ith 2s% .oni in the 0etitioners possession is a potential threat to his image%

2?% &t is, therefore, submitted that it #ould be in the interest of ,ustice that this Honble Court be pleased to direct the .tate C&8 to restrain from going ahead #ith the in!estigation being conducted in the aforementioned F&Rs pending the hearing of the present petition% PRAYER &n the premises, it is most respectfully prayed that this Honble Court may graciously be pleased to*'

;a<

0ass suitable ordersEdirections to the .tate of /u,arat andEor its instrumentalities including the .tate C&8 restraining from conducting further in!estigationEtrial in the follo#ing F&Rs namely *'
;i<% ;ii<% ;iii<% 2% Case no% E2>>C* registered on dated

2>%2%2>>C #ith the C&8 ;Crime< Ra,(ot "one% CA.9 46% ?E2> > registered #ith C&8 ;CR&29< Ra,(ot Gone% CA.9 46% @E2> > registered #ith C&8 ;CR&29< Ra,(ot Gone% ;i!<% C&8 ;Crime< Ra,(ot Gone 4o% registered on 22%2%2> % E2> 6ffence registered under section 2 J, B>@, 2>;)< of &0C,

;b<

pass such further order or orders as this Honble Court may deem fit and proper in the facts and circumstances of the case%

/N. -OR ,1IS /C, O- BIN.N0SS ,10 /PP+IC/N,S /S IN .U,Y 6OUN. S1/++ 0&0R PR/Y F&:98 )I

49+ 89:H& 8AT9* 2K%B%2> Applicant

(SUNI+ -0RN/N.0S) Ad!ocate for the

IN ,10 SUPR020 COUR, O- IN.I/ ;Criminal 6riginal =urisdiction< +%0% ;Crl%< 4o%VVVVVVVV of 2> ;+rit 0etition 7nder Article ?2 of the Constitution of &ndia<

IN ,10 2/,,0R O0radeep 4% .harma Fs% .tate of /u,arat O 6rs% -Respondents -0etitioner

Crl% 2% 0% 4o%

E2>

An Application for 9$emption from filing 6fficial Translation of Anne$ure 0? 3 0K O 0C An Application for Ad &nterim 9$' 0arte 8irections%

Crl% 2% 0% 4o%

E2>

P/P0R-6OOB ;For &nde$, please see inside<

/.&OC/,0 -OR ,10 P0,I,ION0R 8 SUNI+ -0RN/N.0S

IN.09 Sl. No. 1. 2% ?% B% P/R,ICU+/RS :isting 0roforma .ynopsis and :ist of 8ates +rit 0etition #ith Affida!it /NN09UR0 P 1 (Coll:)8 i< Copy of the letter dated 2 %?% @CL ii< Copy of the letter dated 22%B% @CL iii< Copy of the letter dated L%L% @CC i!< Copy of the letter dated C%L% @C@ !< Copy of the 0rofessional 8ynamics in Health Care dated April, @@B !i< Copy of the &ndian 9$press 0ortion dated 2K% %2>>B !ii< Copy of the To#ards a )etter Tomorro# dated 2K%?%2>>B !iii< Copy of the &ndia Today 0ortion dated J% %2>>L i$< Copy of the &ndia Today 0ortion dated L%>K%2>>K $< Copy of the Article $i< Copy of the ))C 4e#s 0ortion L% /NN09UR0 P Copy of the order dated >J%>B%2> by the Central Administrati!e /u,arat in 6A% 4o% B@ of 2> > Pa<e No.

1 - 44

44 4@ 4> 4= - 4A 49 - @1 @ - @> @= - @A @9 > >4 >@ >> =! =1 =>

passed Tribunal

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K%

/NN09UR0 P - 48 Copy of the F&R 4o% E2>>C dated 2>%2%2>>C 8istrict')hu,, Ra,(ot, /u,arat% /NN09UR0 P - 48 Copy of the F&R being &'CR 4o%?E2> > dated ? %>?%2> > istrict')hu,, Ra,(ot, /u,arat% /NN09UR0 P - @8 Copy of the said F&R being &'CR 4o%@E2> > dated 2L%@%2> >, istrict')hu,, Ra,(ot, /u,arat% /NN09UR0 P - >8 Copy of the said letter dated % 2%2> >, addressed to .hri 5%0% /a,ipara, the in!estigating officer% /NN09UR0 P - =8 Copy of said letter dated @%> % addressed to the Chief .ecretary, /o!t% of /u,arat /NN09UR0 P - A8 Copy of the said F&R being C&8 Crime 4o% of 2> dated 22%2%2> , istrict')hu,, Ra,(ot, /u,arat% Application for e$emption from filing the official translations% Application for 8irection%

141 - 14>

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1>4 1=4

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1A1 19!

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