Title: Dheeraj Garg v. State of Haryana and ors.
Citation: CM-12246-CWP-2023; CM-18894-CWP-2023; CM-10538-CWP-2023; CM-10539-CWP-2023 in/and CWP-12743-2023 & CWP-22626-2023
Decided on: 07.11.2023
Coram: Justice Vinod S. Bhardwaj
Introduction
The Punjab and Haryana High Court recently expressed dissatisfaction with the Haryana government’s choice to employ retired Central Bureau of Investigation (CBI) officers on a contractual basis for conducting a police investigation into a corruption case.
Facts of the case
The current writ petition challenges the investigation and proceedings resulting from an FIR filed under Sections 409, 420, and 120-B of the Indian Penal Code, 1860, along with Section 7, 7-A, and 13 of the Prevention of Corruption Act. Retired Central Government officers from 2022 were contracted as consultants to guide the Investigating Officer in the Anti-Corruption Bureau (ACB). However, in this instance, these contract employees not only guided the Investigating Officers but also conducted the investigation, completed the case diary, and submitted the final report under Section 173(8) Cr.P.C. Despite being engaged on a contractual basis, they lack the authority to perform the duties of Gazetted Officers required for investigations under the Prevention of Corruption Act, 1988, or to function as Investigating Officers authorized to submit a final report.
Court’s observation and analysis
Due to concerns about the capability of contractually appointed officers to conduct investigations, the court directed the Haryana State Vigilance Bureau to halt the ongoing investigation and suspended further proceedings in the case. The court explicitly stated, that the investigation handed over by the State Vigilance Bureau to the persons engaged on a contract basis shall henceforth be withdrawn with immediate effect until further orders.
Responding to the court’s inquiries, the Anti-Corruption Bureau had previously justified the appointment of retired officers on a contract basis, citing approval from the Chief Minister. However, the court observed that the Director General of the State Vigilance Bureau initially proposed engaging CBI officials on deputation but later changed the proposal to allow the hiring of retired officers as consultants.
The court emphasized that there was no mention in the State’s response of any legal basis that permits police officers to be contracted. It also noted that the Haryana Police Act, 2007, sets specific criteria for police officers, and the court pointed out that the Act does not endorse or authorize the engagement of a police officer on a contractual basis.
The court highlighted that investigations under the Prevention of Corruption Act must be led by an officer of the rank of DSP or higher, i.e., a Gazetted Officer.
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Written by- Amrita Rout
