SC quashes Chhattisgarh HC order directing CBI to register FIR for alleged misappropriation of funds


New Delhi: The Supreme Court has set aside the order of the Chhattisgarh High Court in which an FIR was registered by the CBI in connection with the alleged misappropriation of over Rs 1,000 crore in State Resource Center (SRC) and Physical Referral Rehabilitation Center (PRRC). was instructed to do. over a period of about 10 years.

The High Court had in January last year passed the order on a PIL seeking a direction to the CBI, including some senior bureaucrats, to register an FIR in connection with the alleged misappropriation of funds from the state government’s SRC and PRRC.

The top court said that in its petition filed in the High Court, the petitioner had put 31 respondents, including some senior officers, as parties, but there was nothing on record to indicate that all of them were duly prosecuted before the order was passed. Service was given.

A three-judge bench headed by Justice AM Khanwilkar said, “A PIL cannot be proceeded with in this manner. Even more so, with regard to serious allegations, which may amount to criminality for higher officials of the State Government and other persons.” held accountable.” Said in its order passed on 7 October.

A bench of Justice Dinesh Maheshwari and Justice CT Ravikumar passed the order while hearing a petition against the High Court order.

It said that as the petitioner has chosen to implicate the parties by name, the minimum fairness in dealing with the allegations in the writ petition was to give notice to all such respondents before passing any order.

“Accordingly, we set aside the impugned judgment and order and remove the parties by restoring the writ petition in the file of the High Court on its merits in its original number and for fresh consideration in accordance with law ,” it said.

The bench was told that on the basis of the High Court order, the CBI had registered an FIR in the matter in February last year.

It said the FIR would be revived and the investigation could proceed only when the High Court finally answers the issue in favor of the petitioner.

Disposing of the appeal, it said, “till the final order is passed, no preliminary steps shall be taken by the CBI in respect of the said FIR.”

The bench said the parties would appear before the high court on October 28, requesting the high court to dispose of the matter expeditiously.

The High Court, in its order, had said that as per the petitioner, the PRRC was set up to work for the welfare of handicapped and handicapped persons and to make prostheses for them.

It was noted that according to the petitioner, the SRC provided funds to the PRRC for running the establishment, its functioning and purchase of equipment, along with making payments to the alleged bogus employees.

The petition before the High Court had alleged that the petitioner and several others were shown as government employees in various PRRCs across the state and a large amount of their salary was withdrawn for the alleged payment, but they were not paid by the PRRC. Remuneration for working with was never paid.

The petitioner had claimed in the High Court that such persons were shown working and working with SRC or PRRC only to show payment of salary.

The High Court in its order had said, “The report along with the memorandum of the Respondent/State partly admits certain financial irregularities, however, no serious effort has been made to ascertain and find out who made the amount.” has been embezzled.” The CBI has been directed to register an FIR in the matter.

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