Supreme Court Stays HC Order For CBI Probe Into Alleged Irregularities In Jharkhand Assembly Appointments

The Supreme Court today stayed a Jharkhand High Court order, whereby alleged irregularities in the appointments and promotions to Jharkhand State Assembly (Vidhan Sabha) were directed to be enquired into by the Central Bureau of Investigation (CBI).

A bench of Justices BR Gavai and KV Viswanathan passed the order, upon hearing Senior Advocate Kapil Sibal, who appeared for petitioner-Jharkhand Vidhan Sabha.

To briefly state facts of the case, one Shiv Shankar Sharma, a social worker, approached the Jharkhand High Court with a public interest litigation seeking a direction upon Jharkhand authorities to implement a 2018 directive from then Governor to then Speaker regarding implementation of 30 reference points of Enquiry Commission with respect to illegal appointments in Vidhan Sabha. Sharma further sought an enquiry into the alleged illegal appointments by the CBI.

In September, 2024, the High Court granted Sharma's prayer and directed that the alleged irregularities committed in the matter of illegal appointment/promotion to the legislative assembly of Jharkhand be preliminarily enquired by CBI. The High Court order observed, 

"The matter involves illegal appointment made in the Jharkhand Legislative Assembly, allegedly with connivance of the high ups of the State including the then Speaker, who is stated to be holding the post of Cabinet Minister, therefore, it would be desirable to entrust the investigation to an independent agency like the Central Bureau of Investigation so that all concerned including the then speaker of legislative assembly may feel assured that an independent agency is looking into the matter...Since the high ups of the State of Jharkhand is involved in fulfilling the various posts in Jharkhand Legislative Assembly which has come in the report, hence it is not feasible to have proper investigation if the matter would be investigated by the State Police/State agency, therefore, for fair, honest and complete investigation, and particularly, when it is imperative to retain public confidence."

It was noted that a one-man judicial commission recommended handing over the matter to CBI, however, no action was taken (from 2018 to 2022). Rather, after a lapse of 4 years, and while Sharma's PIL was pending before the High Court, a second one-man judicial commission was constituted to scrutinize complicated question of law and fact arising out of the first report, "contrary to the provision of Section 8-A of Commissions of Inquiry Act, 1952".

Against this High Court order, the present petition has been filed by Jharkhand Vidhan Sabha, stating that the High Court erred in directing the CBI to investigate -as the first investigating agency - in absence of any cogent and convincing reason that the state-investigating agency is not fit to investigate into the alleged irregularities.

It is claimed that proper steps, including publishing advertisement in newspapers, issuance of admit cards, conducting examination and interviews (wherever required), were taken and only thereafter employees were recruited. Further, pursuant to the Governor's letter of 2018, the Speaker gave approval for compulsory retirement of two officers in 2019.

The plea also mentions that one of the commissions submitted a report to the state government, based on which an action taken report was prepared. Reportedly, the commission report and the action taken report were accepted by the state government and tabled before the House.

Case Title: THE JHARKHAND VIDHAN SABHA v. SHIV SHANKAR SHARMA, SLP(C) No. 26367/2024