SYNOPSIS

This Hon’ble 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 21 of the

Constitution, available to all citizens of this country, but also a

constitutional imperative which has to be enforced without

exceptions. In order to assure and protect this pre-eminent

fundamental right, this Hon’ble Court, in a number of

appropriate cases, deemed it necessary to have investigations

and trial conducted through the specialized agency like the CBI.

This Hon’ble Court In “R.S. Sodhi v. State of U.P” -

1994 (Suppl – I) SCC 142 observed:

“We have perused the events that have taken place since the

incidents but we are refraining from entering upon the details

thereof lest it may prejudice any party but we think that since the

accusations are directed against the local police personnel it

would be desirable to entrust the investigation to an independent

agency like the Central Bureau of Investigation so that all

concerned including the relatives of the deceased may feel

assured that an independent agency is looking into the matter

and that would lend the final outcome of the investigation

credibility. However faithfully the local police may carry out the

investigation, the same will lack credibility since the allegations

are against them. It is only with that in mind that we having

thought it both advisable and desirable as well as in the interest

of justice, to entrust the investigation to the Central Bureau of

Investigation.”

In (2010) 2 SCC 200- “Rubabuddin Sheikh V State of

Gujarat and Ors”, this Hon’ble Court observed

“…….. but on the other hand in order to make sure that justice is

not only done, but also is seen to be done and considering the

involvement of the State police authorities and particularly the

high officials of the State of Gujarat, we are compelled even at

this stage to direct the CBI Authorities to investigate into the

matter. Since the high police officials of the State of Gujarat are

involved and some of them had already been in custody, we are

also of the view that it would not be sufficient to instill confidence

in the minds of the victims as well as of the public that still the

State Police Authorities would be allowed to continue with the

investigation when allegations and offences were mostly against

them. In the present circumstances and in view of the involvement

of the police officials of the State in this crime, we cannot shut our

eyes and direct the State Police authorities to continue with the

investigation and the charge sheet and for a proper and fair

investigation, we also feel that the CBI should be requested to

take up the investigation and submit a report in this Court within

six months from the date of handing over a copy of this judgment

and the records relating to this crime to them.”

It is most humbly submitted that the law as laid down by

this Hon’ble Court in transfer of cases to the CBI would

squarely apply to the facts and circumstances of the present

case, which starkly depicts political victimization of an upright

senior IAS officer of impeccable credentials, at the hands of a

pliant administrative state machinery headed by a vindictive

Chief Minister of the State of Gujarat – Shri Narendra Modi.

BACKGROUND AND IMPECCABLE CREDENTIALS OF THE PETITONER HEREIN

The Petitioner is an IAS officer belonging to the Gujarat

cadre, with an unblemished record of outstanding performance

throughout his career. He has received numerous accolades for

his work including

(i) the Cavalier’s Cross from the President of the Republic of

Poland, for proactive international collaboration on joint

urban infrastructure development projects in Jamnagar,

Gujarat, between 2001 and 2003 when the Petitioner

served there as the Municipal Commissioner.

(ii) The Petitioner has earned two separate Master’s degrees

from abroad – a Master’s in Development Management

(1990) as an Asian Development Bank scholar in Manila,

Philippines; and a second Master’s in Economic Policy and

Planning (1994) from Boston, USA, as well as an Executive

Diploma in Rural Development Policy and Planning (1989)

from the Institute of Development Studies at the University

of Sussex in the U.K.

(iii) His seminal contribution to rebuilding Bhuj city and the rest

of Kutch district after the devastating 2001 earthquake in

that region has been applauded both nationally and

internationally, by the World Bank, the Asian Development

Bank, and the BBC as well as the domestic media

including India Today and Indian Express; as recently as

this past January 2011, in a 10-year anniversary

documentary entitled “Gujarat’s Astonishing Rise from

Rubble of 2001 Quake,”.

(iv) The Petitioner has also received complimentary citations

from senior State Government officials on numerous

occasions over the past 30 years in public service.

Despite such an impressive array of achievments and service

record, the Petitioner is currently languishing in jail due to his

implication in a number of criminal cases at the behest of the

Shri Modi-led State Government. A perusal of the relevant facts

which has led the Chief Minister and State Government to

implicate and victimize the present Petitioner will reveal that it is

impossible to hold an impartial investigation/trial as the Chief

Minister himself is personally or directly interested in the

outcome of the investigations which are more in the nature of a

witch-hunt launched against the present Petitioner.

At the outset, the Petitioner most respectfully submits that

vide the instant petition he is not seeking quashing of the false

cases foisted on him. He is also not seeking to escape nor

circumvent the legal process and procedure. However it is

respectfully submitted that as per the oft repeated legal maxim

– “Justice must not only be done but also appear to be done” –

the Petitioner prays that in view of the contents of the instant

petition and the allegations against the Chief Minister and the

State Machinery, it cannot be held, by any reasonable man,

that there would not be bias and prejudice against the Petitioner

herein in the cases fabricated against him by the state

machinery and, on this ground alone, the cases currently

investigate/tried by the State Police ought to be transferred to

the CBI.

The persecution personally unleashed by the State Chief

Minister, – Shri Narendra Modi, against the Petitioner herein is

due to two major reasons, apart from a host of other supporting

factors: -

I. Firstly, the Petitioner happens to be the younger brother of

Kuldip Sharma, a highly-decorated and currently the senior-

most IPS officer in the Gujarat state cadre, who has

unmasked many misdeeds of Narendra Modi since the 2002

Godhra riots and also of his henchman Shri Amit Shah, the

ex-Home Minister of State, Gujarat. The two siblings have

very close to each other right from childhood and share very

strong fraternal bonds.

II. Secondly, and more immediately, the Petitioner is suspected

of having stumbled upon some intimate secrets of Narendra

Modi’s illicit escapades with a woman named Ms. Mansi Soni.

Shri Modi verily believes that this information of his amorous

and illicit liaison with Ms. Soni, if revealed in the public

domain, will render incalculable and grave damage to his

public image and his future political prospects. Mr Modi

suspects that the information regarding his liason with Ms

Soni would be revealed in the public domain through the

petitioner herein and hence as a pre-emptive measure sought

to incarcerate the petitioner herein implicating him in false

cases. The peittoner, faced with siustaned nad constant

victimization is forced to disclose these facts, which were not

revealed earlier by him, as he is left nho other option.

I. VICTIMIZATION DUE TO THE PROXIMITY OF THE PETITONER WITH HIS BROTHER - SHRI KULDIP SHARMA, IPS:

Shri Kuldip Sharma, the brother of the Petitioner herein is

the senior most IPS officer of the State of Gujarat, belonging to

the 1976 batch. He has functioned as Additional Director

General of Police, CID (Crime) from 28.4.2003 to 01.8.2005.

Shri Kuldip Sharma, after taking over the above post, came

across various pending cases in which Shri Modi and the then

Home Minister of the State Shri. Amit Shah were interested.

(a) SOHRABUDDIN CASE:-

One of them was the Soharabuddin Case which is a

matter pertaining to death of one Shri Soharabuddin in a fake

police encounter. In the said case, the Petitioner’s brother

approved a report to be sent to this Hon’ble Court. Till that time,

only the file of the preliminary inquiry conducted by Police

Inspector, Shri Solanki of the State CID (Crime), had existed,

which prima facie established the fact that Soharabuddin was

killed in a fake encounter. Shri Narendra Modi held a grudge

against the Petitioner’s brother since he ordered the said

interim report to be sent to this Hon’ble Court, which ultimately

lead to the arrest of his confidante Shri. Amit Shah, causing

Shri Narendra Modi a tremendous loss of public face and

political embarrassment.

(b) MALLIKA SARABHAI CASE :-

In yet another incident, an offence was registered against

Ms. Mallika Sarabhai, which pertains to the danseuse’s plan to

take a troop to USA and South America and the allegation was

that she was using her organization to take people illegally to

USA and indulging in human trafficking. It is pertinent to note

here that Ms. Sarabhai was also a Petitioner before this Hon’ble

Court in a petition filed against the Chief Minister and others

with regard to post-Godhra communal riots in Gujarat during

2002. The CID (Crime) took over the case on 20.9.2004.

However, investigation by the State CID (Crime) revealed that

no offence as alleged could be made out against Ms. Sarabhai.

Despite this, Shri Amit Shah, the then MOS (Home), at the

behest of Shri Modi, was bringing pressure to arrest and

charge-sheet Ms. Sarabhai. However, Shri Kuldip Sharma

directed the closure of the case, as it was baseless. This also

angered Mr Modi.

(c) KAMLESH TRIPATHI EXTORTION CASE :-

In another instance, in a writ petition filed before the

Hon’ble High Court of Gujarat, allegation of extortion of money

was made against Shri Kamlesh Tripathi, a close associate and

a political ally of Shri Amit Shah, MOS (Home), Gujarat. The

Hon’ble High Court directed the DGP to have the matter

inquired into, who, in turn, entrusted the same to the State CID

(Crime). After perusal of the case, the Petitioner’s brother

directed the concerned Superintendent of Police in CID (Crime)

to get an offence registered as necessary and appropriate

under the law. Immense political pressure was brought on the

concerned SP, Shri Anil Pratham not to do so. Eventually the

complaint came to be registered much against the wishes of

Shri Amit Shah.

(d) MADHAVPURA (MMCB) FRAUD CASE :-

In yet another serious case, when Shri Kuldip Sharma

was up in arms against the personal interests of Shri Modi and

Shri Amit Shah upon an inquiry, in which allegations were made

that Amit Shah had received an amount of Rs. 2.5 crores,

through an intermediary Shri Girish Dani, in the matter of a case

about financial fraud in Madhavpura Mercantile Co-operative

Bank Limited, Ahmedabad, by Shri Ketan Parikh who was the

prime accused in this offence; the Rs. 2.5 crores was alleged

paid by Shri Girish Dani to Shri Amit Shah to intervene on

behalf of Shri Ketan Parikh and spare him any legal or criminal

action. Shri Kuldip Sharma felt that a proper investigation was

necessary in the interest of Shri Amit Shah, so as to clear Shri

Amit Shah’s name of any false allegations of having take the

Rs. 2.5 crores of bribe if he were indeed not involved, and had

recommended that since the original investigation pertaining to

Shri Ketan Parikh was done by CBI, the application leveling

charges against Shri Amit Shah also be sent to CBI. Meanwhile

Shri Kuldip Sharma went to attend a conference outside the

State and upon his return he was informed that he had been

transferred from CID (Crime).

(e) OTHER VINDICTIVE ACTS :-

The Petitioner’s brother, Shri Kuldip Sharma, too has

suffered at the hands of the CM Shri Modi. His ACR’s for last 5

years (2003-2004 to 2007-2008) were downgraded by Shri

Modi, without assigning any reasons and in brazen and direct

violation of the statutory rules and administrative instruction of

the Department of Personnel and Training (DoPT). The Chief

Minister downgraded the ACRs of Shri Kuldip Sharma with the

malafide intention of denying him promotion to the next higher

rank as at least three outstanding ACRs are required out of last

10 years to qualify for the next promotion. The Principal Bench

of the Hon’ble Central Administrative Tribunal (CAT) vide final

order and judgment dated 07.04.2011 has set aside the

downgrading of the ACR’s of Shri Kuldip Sharma on grounds of

it being arbitrary and illegal.

It is submitted that the Petitioner has been harassed by

the Chief Minister in order to settle personal scores with Shri

Kuldip Sharma, the brother of the Petitioner. The State

machinery is being abused by those at the helm of power,

primarily Shri Narendra Modi and Shri Amit Shah, for their

personal vendetta.

II. THE CHIEF MINISTER’S ILLICIT LIASON WITH MS

MANSI SONI:

It was in between 2003 to 2006 that the Petitioner, in the

capacity of District Collector of Kutch, commissioned a series of

projects toward the beautification of Bhuj city and overall

development of Kutch district. A site was selected for

developing a hill garden in 2005, for which Ms. Mansi Soni from

Bangalore was selected as the Landscape Architect. The Chief

Minister, Shri Narendra Modi, visited Kutch to inaugurate the hill

garden project upon its completion, and was at this time

introduced to Ms. Soni. Thereafter, Ms. Soni communicated to

the Petitioner her decision to return to Bangalore as well as

shared her ongoing interaction with the Chief Minister. The fact

of the intimacy between Shri Modi and Ms. Soni was confirmed

when the Petitioner was in close proximity of the two and

overheard their conversation during one of the official functions.

Subsequently, Ms. Soni further revealed to the Petitioner that

when she called Shri Modi in his office, he would freely interrupt

scheduled meetings, walking out of his office on senior officials

in order to speak to her privately.

During the second week of March 2006 at approximately

5:00 PM, Ms. Soni called the Petitioner and conveyed that she

had just landed in Ahmedabad city and was planning to visit

Bhuj. Shortly thereafter, when the Petitioner attempted to

telephone her, Ms. Soni’s cell phone was switched off and

remained so for the next 48 hours. Two days later at

approximately 11:00 AM, Ms. Soni called the Petitioner and

conveyed that she was at the residence of Shri Modi, and had

spent the duration of the previous two days at his residence.

Subsequently, she met the Petitioner in Bhuj and described in

detail her stay with Shri Modi.

Ms. Soni described that the next day being Holi, many

people visited Shri Modi for the festival and played with colour.

Shri Modi attended to them briefly and returned to his quarters.

In the meantime, Ms. Soni had developed fever and requested

a physician, but Shri Modi conveyed that calling a physician

was impossible, given the peculiarity of their situation. The

following morning she left for Vadodara in a car sent for by Shri

Modi.

In November 2008, while the Petitioner was posted as

Municipal Commissioner, Bhavnagar, Ms. Soni contacted the

Petitioner to inform him that Shri Modi had asked her to do a

project on Alang Shipyard for which she would like to come to

Bhavnagar. She came to Bhavnagar and, during that time, the

Petitioner observed that she was constantly in touch with Shri

Modi, who was abroad and probably in South Africa. She also

conveyed to the Petitioner that Shri Modi had asked her about

the Petitioner and whether the Petitioner knew about her

intimate relationship with Shri Modi. In one conversation, Ms.

Soni showed the Petitioner a text message that the Chief

Minister had sent to her from abroad. The Petitioner made a

note of the cell phone number from which it had originated. The

number was 9909923400.

It is submitted that the Petitioner had two cell phones at

the time, with Nos. 99251 99799 and 98240 01729. On one of

these, the Petitioner had saved the aforesaid number from

which Ms. Soni had received personal message from Shri Modi.

Once, the Petitioner accidentally dialed Shri Modi’s number,

thinking that he was actually calling someone else, but the

Petitioner got no reply on Shri Modi’s phone. The Petitioner

realized his mistake and promptly disconnected. The Petitioner

verily believes that Shri Modi must have found out the address

of the holder of the SIM card from which his personal number

was [accidentally] dialed, and placed it under observation either

with the help of State CID (Intelligence) or illegal phone tapping

methods involving the use of electronic equipment through

unauthorized collaboration. Shri Modi could then have found

that Ms. Soni was speaking to the Petitioner often over phone.

Around this time, the Petitioner received an anonymous

letter conveying that a video of sexual activity between Ms.

Soni and one person, was available on an internet website, and

the letter advised the Petitioner to desist from contacting Ms.

Soni, as her character and actions were not befitting of her

company with Gujarat State officials. The Petitioner did indeed

come across such a video clipping and it now appears to the

Petitioner that Shri Modi, who was monitoring the Petitioner’s

cell phone calls, started believing that videos involving Ms. Soni

perhaps included him i.e. Shri Modi.

DETAILS OF FALSE CASES FOISTED ON THE PETITONER HEREIN:-

It is submitted that the first case was registered against

the District Magistrate and Collector of Kutch District on

20.02.2008 in which the Petitioner was not named as the

accused but thereafter, in order to frame the Petitioner, various

cases were registered. The details of these cases are:

(i) M. Case no. 1/2008: registered on dated 20.2.2008 with the

CID (Crime) Rajkot zone.

(ii) CASE NO. 3/2010 registered with CID (CRIME) Rajkot Zone.

(iii) CASE NO. 9/2010 registered with CID (CRIME) Rajkot Zone.

(iv) CID (Crime) Rajkot Zone No. 1/2011 Offence registered

under section 217, 409, 120(B) of IPC, registered on

22.2.2011.

It is submitted that the aforesaid cases are being

investigated by the State CID (Crime) Branch and the

proceedings being orchestrated under keen personal

supervision of the Chief Minister of the State who, as narrated

above, has more than one reason to be prejudiced and biased

against the Petitioner. The said cases have been filed only to

malign and torture the Petitioner since he is the brother of Shri

Kuldip Sharma and because the Chief Minister is convinced

that the information of his liaisons with Ms. Soni in the

Petitioner’s possession is a potential threat to his image.

The Petitioner has addressed letters to the Chief

Secretary and the Investigating officers highlighting his fears

that the investigations will not be free and fair but to no avail, as

he has received no response yet to any of these letters. The

petitioner has also expressed his fears about danger to his

personal safety and life, publicly during recent district court

hearings.

In the light of the above, the Petitioner has filed the

present petition for enforcement and protection of his

fundamental right to life as enshrined in Article 21 of the

Constitution of India.

LIST OF DATES

28.05.2003 The Petitioner assumed charge as the District

Magistrate and Collector of Kutch, Gujarat. As

part of the rehabilitation of the traders of the area,

the Petitioner in his official capacity allotted land

under the State Government policy. In 2005, in

the capacity of District Collector of Kachchh, the

Petitioner commissioned a series of projects

toward the beautification of Bhuj city and overall

development of Kachchh district. A site was

selected developing a hill garden, for which Ms.

Mansi Soni was the Landscape Architect.

2004-2005 The Chief Minister, Shri Narendra Modi, visited

Kutch to inaugurate the hill garden project upon

its completion, and was at this time introduced to

Ms. Soni and thus their relationship and intimacy

begins to develop.

05.11.2007 Pursuant to an order of the Ld. Chief Judicial

Magistrate, the Ld. CJM directed investigation

under Section 156(3) of the Cr.P.C. to be

conducted by C.I.D. (Crime), Rajkot Zone. A First

Information Report being F.I.R. No.01/2008 (M.

Case No.1/2008) was registered under Section

200, 203, 217, 465, 466, 467, 468, 471, 472, 474,

457, 484 and 120-B of the Indian Penal Code.

The said case pertained to allotment of land in

Kutch. The Petitioner was not named in the FIR.

Nov., 2008 While the Petitioner was posted as Municipal

Commissioner, Bhavnagar, Ms. Mansi Soni

contacted the Petitioner to inform him that Shri

Modi had asked her to do a project on Alang

Shipyard for which she would like to come to

Bhavnagar.

Nov- Dec, 08 Ms. Soni came to Bhavnagar and, during that

time, the Petitioner found that she was constantly

in touch with Shri Modi, who was abroad and

probably in South Africa at the time. She also

conveyed to the Petitioner that Shri Modi asked

her about the Petitioner’s office routine and

habits, and whether the Petitioner knew about

their intimate relationship. In one conversation,

Ms. Soni showed the Petitioner a text message

that the Chief Minister had sent to her from

abroad. The Petitioner made a note of the cell

phone number from which it had originated. The

number was 9909923400.

06.01.2010 The Petitioner was illegally picked up by the

police from his house at about 5.30 a.m. in

connection with FIR No.1/2008.

31.03.2010 A second FIR being I-CR No.3/2010 was

registered against the Petitioner for the offences

under sections 7, 11, 13(1)(b) and 13(2) of the

Prevention of Corruption Act at State CID (Crime)

Rajkot Police Station which related to two SIM

cards which the Petitioner possessed but were

registered under the names of persons other than

the Petitioner.

25.09.2010 The same Investigating Agency registered a third

FIR vide I-CR No.9/2010 State CID Crime, Rajkot

Zone Police Station under sections 217, 409,

465, 467, 468, 471, 120-B etc. of IPC against the

Petitioner and others which related to the

allotment of land to the Welspun Group of

companies (Welspun).

11.12.2010 The Petitioner addressed a letter to Shri K.P.

Gajipara, the investigating officer of the I-Cr

No.09/2010, disclosing the facts as to the

circumstances under which the said land was

allotted to Welspun and that this allotment was

made on specific instructions from the Chief

Minister Shri Narendra Modi.

19.01.2011 The Petitioner addressed a communication to the

Chief Secretary, Govt. of Gujarat, stating that, in

view of the specific allegations against the Chief

Minister, the investigation may be transferred to

the CBI.

26.04.2011 Since no action has been taken and the

Petitioner apprehends that there will be no fair

and impartial investigation, the Petitioner prefers

the present petition.

IN THE SUPREME COURT OF INDIACRIMINAL ORIGINAL JURISDICTION

WRIT PETITION (Crl) No. /2011

IN THE MATTER OF:-

Pradeep N. SharmaAged about 55 years,Plot No. 465/A-2,Sector 1-C, Gandhinagar, Gujarat.(Presently in Jail)Through his Pairokar Shri. Mukesh Sharma …Petitioner

Versus

1. The State of GujaratThrough its Secretary, Department of Home, Sachivalaya, Gandhinagar, Gujarat. Respondent No. 1

2. Additional DGP, CID Crime, Police Bhavan, Gandhinagar. Respondent No. 2

3. Shri Narendra Modi,Residing at Chief Minister Niwas,Sector-20, Gandhinagar, Gujarat. Respondent No. 3

4. Union of India,Through its Secretary,Ministry of Personnel, Pension and Public Grievances,Department of Personnel, New Delhi. Respondent No. 4

5. Central Bureau of Investigation,Through, its Director,Scope Complex,CGO, Lodhi Road,New Delhi Respondent No. 5

WRIT PETITION UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA

To

THE HON’BLE THE CHIEF JUSTICE OF INDIA AND HIS COMPANION JUSTICES OF THE HON’BLE SUPREME COURT

THE HUMBLE PETITION OF THE PETITIONER ABOVE NAMED

MOST RESPECTFULLY SHOWETH: -

1. That the present petition has been filed by the Petitioner

seeking the transfer of the cases lodged against him with

the State Crime branch to an independent investigative

agency, Central Bureau of Investigation (CBI), since the

said cases have been lodged simply to falsely implicate

the Petitioner at the behest of the Chief Minister of the

State.

2. That the Petitioner is an IAS officer in the Gujarat cadre,

with an unblemished record of outstanding performance

throughout his career; has received numerous accolades

for his work including the Cavalier Cross from the

President of the Republic of Poland for proactive

collaboration on joint urban development projects in

Jamnagar, Gujarat, between 2001 and 2003 when the

Petitioner served there as the Municipal Commissioner.

3. That it would be pertinent to take note of the fact that the

Petitioner is the younger brother of Shri Kuldip Sharma,

presently the senior-most IPS Officer in the State and

functioned as Additional Director General of Police, CID

(Crime) from 28.4.2003 to 1.8.2005. On taking over the

charge, Shri. Kuldip Sharma (IPS) set about improving

the systems and making the process robust so that all

investigations pending with the State CID (Crime &

Railways) or received thereafter were attended to in an

impartial manner in which the high investigation

standards of propriety were followed.

4. That the Petitioner’s professional credentials as an urban

infrastructure development expert include two separate

Master’s degrees from abroad – a Master’s in

Development Management (1990) as an Asian

Development Bank scholar in Manila, Philippines; and a

Master’s in Economic Policy and Planning (1994) from

Boston, USA, as well as an Executive Diploma in Rural

Development Policy and Planning (1989) from the

Institute of Development Studies at the University of

Sussex in the U.K. His seminal contribution to rebuilding

Bhuj city and the rest of Kutch district after the

devastating 2001 earthquake in that region has been

applauded by international entities such as the World

Bank, the Asian Development Bank, and the BBC; as

recently as this past January 2011, in a 10-year

anniversary documentary entitled “Gujarat’s Astonishing

Rise from Rubble of 2001 Quake,” the BBC has

recognized the Petitioner as “the government official

widely credited at the time with pushing through the

radical plans” [for building a completely new city of Bhuj].

The Petitioner, on several occasions, has received

appreciations from the State Government for the

remarkable service rendered by the Petitioner during the

troubled times of earthquake towards the rehabilitation of

affected people of Kutch. Copies of letters of appreciation

and articles are annexed herewith and marked as

ANNEXURE P-1 (Colly). [Page Nos. 34 – 76]

5. That Shri G. C. Murmu, present Secretary to the CM

called Shri Chittaranjan Singh, then Director, ACB, to the

former’s office and gave him a bunch of

anonymous/pseudonymous applications and asked him

to use them to prosecute the petitioner. Shri Chittaranjan

Singh on return to his office consulted his deputy, one

Shri Tirth Raj, who opined that such anonymous

applications couldn’t be inquired into without Govt.

orders. Thereupon, a letter was issued to the GAD asking

them to issue specific orders if they require the ACB to

inquire into anonymous application. This will prove the

direct interest of the Chief Minister. However, copy of the

letter is unlikely to be obtained since under RTI, ACB is

exempted.

6. That the Petitioner by way of the present petition seeks

the indulgence of this Hon’ble Court to transfer the cases

to CBI as the cases have been registered at the behest of

the Chief Minister of the State in order to falsely implicate

the Petitioner and harass him and has thus deprived the

Petitioner of his personal life and liberty. The following

cases are registered against the Petitioner:

i. M. Case no. 1/2008: registered on dated 20.2.2008 with

the CID (Crime) Rajkot zone

ii. CASE NO. 3/2010 registered with CID (CRIME) Rajkot

Zone,

iii. CASE NO. 9/2010 registered with CID (CRIME) Rajkot

Zone,

iv. CID (Crime) Rajkot Zone No. 1/2011 Offence registered

under section 217, 409, 120(B) of IPC, registered on

22.2.2011.

7. That the Petitioner humbly submits that the these cases

are being registered and being investigated by the State

machinery at the behest of the Chief Minister of the State

who has a personal agenda to ensure that the Petitioner

is never able to work or lead a peaceful life. The

Petitioner levels allegations with full sense of

responsibility and the facts narrated hereinafter would

show that Shri Modi has been using the entire State

machinery for his personal advantage. The reasons for

this severe bias and prejudice are:

I. Firstly, the Petitioner happens to be the younger

brother of Kuldip Sharma, a highly-decorated and

currently the senior-most IPS officer in the Gujarat

state cadre, who has unmasked many misdeeds of

Narendra Modi since the 2002 Godhra riots and also of

his henchman Amit Shah,

II Secondly, the Petitioner is suspected of having

stumbled upon some intimate secrets of Narendra

Modi’s escapades with a woman named Ms. Mansi

Soni. Shri Modi’s paranoia about the potential grave

damage to his public image and political career.

FACTS IN BRIEF TO SHOW HOW SHRI KULDIP SHARMA DEFIED THE IILEGAL INSTRUCTIONS OF SHRI NARENDRA MODI AND HIS ASSOCIATES: -

8. That when Shri Kuldip Sharma took charge as Additional

Director General of Police, CID (Crime), set about

improving the systems and making the process robust so

that all investigations pending with the State CID (Crime

& Railways) or received thereafter were attended to in an

impartial manner in which the high investigation

standards of propriety were followed. In doing so, Shri

Kuldip Sharma also issued a manual of 340 pages, which

laid down the duties and work procedures for each rank

in the organization. Certain pending investigation with the

State CID (Crime & Railways) were such cases in which

Shri Narendra Modi and Shri Amit Shah were interested,

the details whereof are stated hereunder.

9. That one of such cases which was pending in the State

CID (Crime) was the Soharabuddin fake encounter case.

This was a reference from this Hon’ble Court, on a letter

sent by Soharabuddin’s brother and mother, which letter

had been referred to the DGP. The DGP had entrusted

the matter to the State CID (Crime). Shri Kuldip Sharma

had issued directions to submit an interim report to this

Hon’ble Court and to vigorously pursue the inquiry. It

appears that Shri Amit Shah and Shri Narendra Modi

hold it against Shri Kuldip Sharma that he ordered the

interim report to be sent to this Hon’ble Court, which

became the starting point of events that eventually not

only landed certain police officers in the jail on murder

charges but also resulted in the arrest of Shri Amit Shah,

a close associate of Shri Modi and the then MOS (Home)

on 25.7.2010 by the CBI on charges of murder and

extortion.

10. That, in another case relating to Ms. Mallika Sarabhai

also, Shri Kuldip Sharma did not accept the directions

issued by Shri Modi and conducted a free and fair

investigation that was not to the liking of Shri Modi. An

offence was registered vide Ahmedabad City Naranpura

Police Station CR No. 647/03 u/s 409, 420, 34, 114,

120B IPC against Ms. Mallika Sarabhai, which pertains to

the danseuse’s plan to take a troop to USA and South

America and the allegation was that she was using her

organization to take people illegally to USA. It is pertinent

to note here that Ms. Sarabhai was a Petitioner before

the Hon’ble Court against the Chief Minister and others

with regard to the post-Godhra communal riots in Gujarat

during 2002. The CID (Crime) took over the case on

20.9.2004. However, investigation by the State CID

(Crime) revealed that no offence was made out. Despite

this, Shri Amit Shah, the then MOS (Home) was bringing

pressure on CID (Crime) to arrest and charge-sheet Ms.

Sarabhai. However, Shri Kuldip Sharma, as per the

evidence, directed the closure of the case. By this action

of Shri Kuldip Sharma, not only was Shri Amit Shah

resentful, but even Shri Narendra Modi too expressed his

displeasure about it later on when Shri Kuldip Sharma

had an occasion to meet him in person on 18.8.2006.

11. That yet another serious case when Shri Kuldip Sharma

was up in arms, against the personal interests of Shri

Modi and Shri Amit Shah, was an inquiry in which

allegations were made that Amit Shah, had received an

amount of Rs. 2.5 crores through an intermediary Shri

Girish Dani, in the matter of a case about a fraud in

Madhavpura Mercantile Co-operative Bank Limited,

Ahmedabad. Shri Ketan Parikh was accused in this

offence, registered vide Ahmedabad City Madhavpura

Police Station CR No. 66/2001 u/s 120 (B), 405, 406,

408, 409, 420 of IPC and section 35 of Banking

Regulations Act, 1949. The investigation was being

conducted by the CBI. Since Shri Amit Shah’s name was

also associated, Shri Kuldip Sharma felt that it was also

necessary in the interest of Shri Amit Shah, that a proper

inquiry be conducted to clear his name, if he were not

involved and therefore recommended that since the

original investigation pertaining to Shri Ketan Parikh was

done by CBI, the application leveling charges against him

also be sent to CBI for further necessary investigation.

Therefore, a letter was addressed to the Chief Secretary

to bring the above facts to the notice of the Chief

Minister. Meanwhile, Shri Kuldip Sharma had to go to

Mussoorie to attend a National Conference on Women

Police. Upon his return, he was informed that the Home

Department had transferred Shri Kuldip Sharma from CID

(Crime).

12. That another such instance was during the tenure of Shri

Kuldip Sharma as ADGP, CID (Crime). One

Superintendent of Police, Ms. Nirja Gotru was deputed to

supervise cases involving atrocities against women,

including those killed or violated during the riots of 2002.

During her visit to Panchmahal District, she came across

a case wherein, during the fateful period from 28.2.2002

till the 1st week of March, 2002, human skeletons and

bones were discovered by the local SHO. In one case, a

total of 17 human skeletons and in another case 6

skeletons had been discovered. The then SHO, on the

pretext of determining whether they were human or

animal bones, had referred the medical examination of

the remains to SSG Hospital, Vadodara for confirmation.

The SP Ms. Gotru discovered the medical exam results

had been received at the relevant time in 2002 confirming

that these were human bone and yet no offence had

been registered. The SP, Vadodara (Rural), was

officiating as SP of Panchmahal District at this time. He

and Ms. Gotru both brought to the notice of the then

DGP, mentioning that an offence needs to be registered.

Since Shri Amit Shah and Shri Narendra Modi were also

made aware of the incident, there was reluctance at the

Police Head Quarters to proceed in the matter as per law.

The SP, Ms. Nirja Gotru as well as in-charge SP

Panchmahal brought to the notice of Shri Kuldip Sharma

that there is reluctance in registering an offence. In his

capacity as ADGP, CID (Crime), Shri Kuldip Sharma

directed that the offence be registered conveying that he

will take the responsibility regarding the same.

Subsequently, telephonically, he informed the DGP that

an offence will have to be registered and that he had

given instructions to lodge the complaint. The offence

came to be registered as Kalol Police Station CR No.

222/03 on 17.12.2003 u/s IPC 143, 147, 148, 149, 302,

201, 155 (A) more than one and a half year after the

gruesome incident. Later investigation of this offence had

resulted in arrest of people considered important to the

organization with which the Chief Minister had political

connection.

13. That in another incident an offence was registered vide

Himmatnagar Town Police Station Crime Register No.

336/2001 was pending investigation with the State CID

(Crime & Railways). In brief, it pertained to opening of an

account in a bank with the help of Shri Jayesh Joshi

under a false name and then siphoning off huge amounts

of money. It transpired during the course of investigation

that one Shri Jayesh Joshi introduced the person who

opened the bank account. Thus, this individual had

committed a fraud with the bank by introducing the

person under a different name. Shri Kuldip Sharma had

received a call from Shri Amrut Patel from the Chief

Minister’s office suggesting that Shri Jayesh Joshi was

innocent and he had known Shri Narendra Modi, Chief

Minister since their younger days for the last many years.

Upon investigation, Shri Jayesh Joshi’s culpability was

clear. Shri Kuldip Sharma had accordingly called up Shri

Patel in the Chief Minister’s office and requested him to

convey to the Chief Minister that his information about

Shri Jayesh Joshi being innocent was false. The said

individual was arrested on 14.2.2004.

14. That Shri Modi in complete violation of the prevailing

rules, tried to jeopardize the carrier of Shri Kuldip

Sharma. In the State of Gujarat, ACRs of officers of the

rank of ADGP are Reported upon by the DGP, Reviewed

by the Chief Secretary and Accepted by the Chief

Minister. Further in the case of officers of the rank of

IGP and ADGP, two ACRs have been initiated, one by

the DGP and another one by the ACS (Home). There is a

time bound frame work within which the Reporting,

Reviewing and Accepting Authorities have to complete

the remarks they have to enter into ACR. There is also a

mandatory statutory direction of the Department of

Personnel & Training, Govt. of India that no ACR should

be entered upon after 31st December of the previous

calendar year if the same has not done before that date.

It may be noted that the Chief Minister in brazen and

direct violation of the statutory rule as also administrative

instruction of the DoPT entered his remarks of four years

ACRs altogether on 20.12.2007 as per his own

admission, i.e. for the years 2003-2004, 2004-2005,

2005-2006 and 2006-2007, downgraded from

“Outstanding” to “Very Good” without assigning any

reasons. He also deliberately did not put a date. However

for the reasons given above wherein Shri Kuldip Sharma

did not agree to illegal instructions of the Chief Minister

and the MOS (Home), the Chief Minister downgraded the

ACRs with the malafide intention of denying him

promotion to the next higher rank as at least three

outstanding ACRs are required out of last 10 years to

qualify for the next promotion. The Chief Minister similarly

downgraded subsequent ACR for the year 2007-2008

from “Outstanding” to “Very Good”. The stand of Shri

Kuldip Sharma has been vindicated by the order of the

Central Administrative Tribunal in OA No. 49 of 2010

wherein the action of Shri Narendra Modi have been held

to be arbitrary and illegal. A copy of the order dated

07.04.2011 passed in OA. No. 49 of 2010 is annexed

herewith and marked as ANNEXURE P-2. [Page Nos. 77

– 130]

PETITIONER’s KNOWLEDGE ABOUT SHRI NARENDRA MODI AND MS MANSI SONI.

15. That two years after the earth quake in the entire district

of Bhuj in 2001, the Petitioner assumed charge as the

District Magistrate and Collector of Kutch on 28.05.2003.

As part of the rehabilitation of the traders of the area, the

Petitioner in his official capacity allotted land under the

State Government policy. In 2005, in the capacity of

District Collector of Kutch, the Petitioner commissioned a

series of projects toward the beautification of Bhuj city

and overall development of Kutch district. A site was

selected developing a hill garden, for which Ms. Mansi

Soni was the Landscape Architect.

16. That the Chief Minister, Shri Narendra Modi, visited

Kachchh to inaugurate the hill garden project upon its

completion, and was at this time introduced to Ms. Soni.

Shri Modi invited Ms. Soni to email any other suggestions

she might have, giving Ms. Soni his personal email

address. Ms. Soni subsequently wrote to Shri Modi

thanking him for the visit to hill garden. A series of emails

was exchanged until Sharad Utsav in October 2005. Ms.

Soni communicated to the Petitioner her decision to

return to Bangalore as well as shared her ongoing

interaction with the Chief Minister.

17. That at this time, Ms. Soni had approached the

Collectorate to participate in the event and had been

assigned a role of organizing reception of guests; she

was provided the appropriate monetary fees in exchange

for her services. Concurrently, Shri Modi and Ms. Soni

had begun to exchange text messages (SMS), which she

communicated to the Petitioner. She further mentioned

that she was planning to meet the Chief Minister.

Skeptical of her claims, and under the impression that

Ms. Soni was prevaricating to embellish her stature, the

Petitioner suggested to Ms. Soni that she contact the

Chief Minister’s security in this regard.

18. That the following morning at the site of Sharad Utsav at

approximately 7:00 AM, the Petitioner was in the

presence of Shri Modi when Ms. Soni arrived and the

conversation between them assured the Petitioner that

Shri Modi and Ms. Mansi Soni were in fact exchanging

personal text messages, e-mails, and/or direct

conversations. Subsequently, Ms. Soni further revealed

to the Petitioner that when she called Shri Modi in his

office, he would freely interrupt scheduled meetings,

walking out of his office on senior officials in order to

speak to her privately. Ms. Soni communicated that she

was pleased with the extent and promptness of attention

she received from Shri Modi.

19. That during the second week of March 2006, at

approximately 5:00 PM, Ms. Soni called the Petitioner

and conveyed that she had just landed in Ahmedabad

city and was planning to visit Bhuj. Shortly thereafter,

when the Petitioner attempted to telephone her, Ms.

Soni’s cell phone was switched off and remained so for

the next two days. Two days later, at approximately 11:00

AM, Ms. Soni called the Petitioner and conveyed that she

was at the residence of Shri Modi, and had spent the

duration of the previous two days at his residence.

Subsequently, she met the Petitioner in Bhuj and

described in detail her stay with Shri Modi. She narrated

that when she landed at the Ahmedabad airport, she was

received by Shri O. P. Singh, Shri Modi’s deputy, and

was escorted in a vehicle to the Chief Minister’s

residence. She was advised to switch off her cell phone

and entered the Chief Minister’s residence through rear

door. She was taken to first floor and given a room

across the Chief Minister’s bedroom.

20. That Ms. Mansi Soni also informed that the next day of

her stay at Shri Modi’s residence was the festival of Holi,

many people including Anandiben Patel visited Shri Modi

for the festival and played with colour. Shri Modi attended

to them briefly and returned to his quarters. In the

meantime, Ms. Soni had developed a fever and

requested a physician, but Shri Modi conveyed that

calling a physician was impossible, given the peculiarity

of their situation. According to Ms. Soni, Shri Modi spoke

about the philosophy and insisted she listen to the story

of his life. The following morning she left for Vadodara in

a car sent for by Shri Modi.

21. That on 05.11.2007 pursuant to an order of the Ld. Chief

Judicial Magistrate directed investigation under Section

156(3) of the Cr.P.C. to be conducted by C.I.D. (Crime),

Rajkot Zone. A First Information Report being F.I.R.

No.01/2008 (M. Case No.1/2008) was registered under

Section 200, 203, 217, 465, 466, 467, 468, 471, 472,

474, 457, 484 and 120-B of the Indian Penal Code. The

Petitioner is not named as an accused in the First

Information Report. The said FIR pertains to allotment of

land to certain wholesale grain merchants of Bhuj who

had lost their shops when the existing market in the old

city was destroyed beyond repair in the 2001 earthquake.

The said FIR alleges that certain members of the

wholesale grain merchants’ association were ineligible to

be allotted the shops and yet got away with allotments by

producing forged/false certificates issued in the name of

third persons; however, not a single forged certificate A

copy of the FIR No. 1/2008 is annexed herewith and

marked as ANNEXURE P-3. [Page Nos. 131 – 146]

22. That in November 2008, while the Petitioner was posted

as Municipal Commissioner, Bhavnagar, Ms. Soni

contacted the Petitioner to inform him that Shri Modi had

asked her to do a project on Alang Shipyard for which

she would like to come to Bhavnagar. She came to

Bhavnagar and during that time, the Petitioner found that

she was constantly in touch with Shri Modi, who was

abroad and probably in South Africa at the time. She also

conveyed to the Petitioner that Shri Modi asked her about

the Petitioner’s office routine and habits, and whether the

Petitioner knew about the relationship they shared. In one

conversation, Ms. Soni showed the Petitioner a text

message that the Chief Minister had sent to her from

abroad. The Petitioner made a note of the cell phone

number from which it had originated. This number was

9909923400.

23. That the Petitioner submits that there exists in the State

of Gujarat a general impression amongst civil servants,

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 State Government. This may be why nearly everyone

keeps in addition to an official or known mobile number

one or more alternate cell phones. The Petitioner had two

cell phones, with Nos. 99251 99799 and 98240 01729.

On one of these, the Petitioner saved the cell phone

number from which Shri Modi had sent a text message to

Ms. Soni. The Petitioner further submits that he once

accidentally dialed Shri Modi’s number, thinking that he

was calling someone else. When there was no reply on

Shri Modi’s phone, the Petitioner realized his mistake and

disconnected. The Petitioner submits his strong belief

that Shri Modi must have found out the address of the

holder of the SIM card from which the call to his personal

number had originated, and placed it under observation

either with the help of State CID (Intelligence) or illegal

phone tapping methods involving the electronic

equipment through unauthorized collaboration. Shri Modi

could then have found out that Ms. Soni was speaking to

the Petitioner often over the phone.

24. That the Petitioner received an anonymous letter around

this time conveying that a video of sexual activity

between Ms. Soni and one person was available on an

internet website, and the letter advised the Petitioner to

desist from contacting Ms. Soni, as her character and

actions were not befitting of her company with Gujarat

State officials. The veracity of the letter’s allegations was

subsequently established since the Petitioner did indeed

come across such a video clipping. Ms. Soni’s previous

contact with the Petitioner, in conjunction with Ms. Soni’s

indiscretions, came to be discussed by the Petitioner on

both of his two phones mentioned above. It now appears

to the Petitioner that Shri Modi started believing that the

videos involving Ms. Soni perhaps included Shri Modi

himself.

25. That on 06.01.2010 the Petitioner was illegally picked up

by the police from his house at about 5.30 a.m. in

connection with FIR No.1/2008. It is submitted that

appropriate state authorities had neither issued any

show-cause nor sought any explanation from him, nor

was he even summoned by CID (Crime) in the said case

and suddenly on 06.01.2010 morning he was illegally

arrested.

26. That on 31.03.2010 second FIR being I-CR No.3/2010

was registered against the Petitioner for the offences

under sections 7, 11, 13(1)(b) and 13(2) of the Prevention

of Corruption Act at State CID (Crime) Rajkot Police

Station. The allegation pertains to the use of two mobile

telephones by the Petitioner belonging to third parties. It

is pertinent to note that neither the cellular telephones nor

the SIM cards have been recovered from the Petitioner in

the said case. The Petitioner is a Senior IAS Officer who

was entitled to official telephones from the Government

for making even personal phone calls within reasonable

limits. In the said matter, the Petitioner is currently

protected after an interim order granting anticipatory bail

was passed by the Hon’ble High Court of Gujarat. A copy

of the FIR being I-CR No.3/2010 dated 31.03.2010 is

being annexed herewith and marked as ANNEXURE-P4.

[Page Nos. 147 – 151]

27. That on 25.09.2010 the same Investigating Agency

registered a third FIR vide I-CR No.9/2010 State CID

Crime, Rajkot Zone Police Station under sections 217,

409, 465, 467, 468, 471, 120-B etc. of IPC against the

Petitioner and others. This case pertains to allotment of

land to Welspun, a known public limited company. The

allotments to Welspun and other eligible business entities

were made at the time when it was a declared state

government policy to allot land to industrial houses willing

to set up industrial units especially within the a Special

Economic Zones (SEZ) with incentives that included tax

holiday, the policy aim being rapid reconstruction and

industrial development of Kachchh that had historically

been a less-developed, remote region of the state and, in

addition, had suffered catastrophic damage during the

2001 earthquake. A copy of the said FIR being I-CR

No.9/2010 is being annexed herewith and marked as

ANNEXURE-P5. [Page Nos. 152 – 162]

28. That on 11.12.2010 the Petitioner addressed a letter to

Shri K.P. Gajipara, the investigating officer of the I-Cr

No.09/2010 disclosing the facts about the circumstances

under which and on the instructions of the Chief Minister

Shri Narendra Modi himself that the allotments were

made to the Welspun. A copy of the said letter dated

11.12.2010, addressed to Shri K.P. Gajipara, the

investigating officer is being annexed herewith and

marked as ANNEXURE-P6. [Page Nos. 162 – 174]

29. That on 19.01.2011, the Petitioner addressed a

communication to the Chief Secretary, Govt. of Gujarat,

stating that, in view of the specific allegations against the

Chief Minister, the investigation may be transferred to the

CBI. A copy of said letter dated 19.01.11 addressed to

the Chief Secretary, Govt. of Gujarat is being annexed

herewith and marked as ANNEXURE-P7. [Page Nos.

175 – 180]

30. That when the Petitioner was in Delhi on his way to Bhuj,

he was arrested on 14.2.2011 by the State CID (Crime) in

FIR No. 9 of 2010. Thereafter on 22.2.2011 the State CID

(Crime) registered a fourth case being CID Crime No. 1

of 2011 under section 409, 217, 120 B IPC which is

regarding allotment of land in Mundra Taluka of Kachchh

District. FIR was registered on 22.02.2011 as Rajkot

Zone, CID Crime No.1/2011 under Sections 409, 217,

120B of the IPC. Like in the previous case, there are

similar allegations of allotment of land by the Petitioner to

one Saw Pipes Ltd. in Mundra in excess of his powers

and without obtaining requisite approval. In this FIR also,

wrongly characterized lapses if any, on part of the lower

functionaries, have been sought to be imposed on the

Petitioner. A copy of the said FIR being CID Crime No. 1

of 2011, is being annexed here with and marked as

ANNEXURE: P8. [Page Nos. 181 – 190] While the

Petitioner was in judicial custody in connection with FIR

No. 9 of 2010, he was taken on transfer warrant and

arrested in connection with FIR No. 1 of 2011 on

03.03.2011.

31. That the aforesaid facts and circumstances would go to

show that the Petitioner is a victim of the personal

vendetta of Shri Narendra Modi and there is remote

chance of the investigation being conducted in a fair and

transparent manner since the Petitioner feels that the

cases have been lodged at the behest of Shri Modi. In

this backdrop of circumstances the Petitioner seeks the

indulgence of this Hon’ble Court to transfer the cases to

an independently investigative agency, CBI.

32. That the present petition is preferred amongst others on

the following grounds:

GROUNDS

a. Because there is a reasonable apprehension on the part

of the Petitioner in view of the circumstances narrated in

the petition that justice will not be done. It is submitted

that a Petitioner is not required to demonstrate that

justice will inevitably fail. The circumstances very clearly

demonstrate that apprehension is reasonable and there

is all likelihood that the Petitioner will be embroiled in

rigmarole of false charges and inquiries.

b. Because the brother of the Petitioner has refused to

buckle down under the pressure of those in power and

invited the wrath of the Shri Narendra Modi and the

Petitioner is also being targeted so as to create

circumstances wherein Shri Kuldip Sharma breaks down.

It is submitted that this is a case where the Petitioner has

reasonable apprehension that justice will not be done.

c. Because assurance of a fair trial is the first imperative of

the dispensation of justice and the central criterion for the

court to consider before transferring a case to an

independent investigative agency. In the present case

since the cases have been registered at the behest of

those in power and the State machinery is being used to

settle personal vendetta, the Petitioner will never be

assured of a fair investigation at the hands of State

machinery.

d. Because the confidence of the Petitioner in the fairness

of a trial is seriously undermined since the State

investigative machinery takes instructions from those at

whose behest the false cases and charges have been

leveled against the Petitioner.

e. Because the apprehension of not getting a fair and

impartial inquiry or trial is not imaginary, based upon

conjectures and surmises but is reasonable. It is

submitted that Shri Narendra Modi is aware that the

Petitioner has knowledge of his secret liaisons with Ms.

Mansi Soni and if the same comes to public knowledge it

would seriously hamper his political aspirations. Thus it

appears that the dispensation of criminal justice is not

possible impartially and objectively and without any bias.

f. Because all these FIRs and complaints against the

Petitioner which have been made ostensibly for alleged

acts of the Petitioner long before 2008 are solely for the

purpose of the personal vendetta of the respondent No.1

against the Petitioner herein for the suspicion that the

Petitioner is having direct knowledge of the personal life

of Shri Narendra Modi which has, till date, been hidden

from the public. It is respectfully submitted that for the

same reason there has been a sudden spurt of

cases/complaints being filed against the Petitioner’s

brother also who is an IPS Officer and against whom till

about the same time there was no complaint.

g. Because, the present case discloses a situation where it

cannot be expected of either the CID Crime Branch or

any other State investigating agency to arrive at, or

conduct an impartial investigation, because the Chief

Minister of the State is personally hell-bent in having the

investigation carrying out in a manner that suits him and

suits his ends of destroying the Petitioner’s credibility as

well as his professional career. It is respectfully

submitted that the facts and circumstances of the present

case fall within the rarest of the rare cases, where it can

be safely presumed that the Petitioner will not get any

justice within the State of Gujarat and therefore, the

entire investigation and/or the trial if so required deserves

to be shifted out of the State of Gujarat, the failure so to

do would result in the gravest travesty of justice.

h. Because the accusations leveled in the present Petition

which are substantiated in the “Grounds” unequivocally

point towards menace in law and in fact of the

respondent State led by the Chief Minister. Given the

nature of the controversies, it is impossible to hold

otherwise that after the investigation of the F.I.R.s in

question against the Petitioner are allowed to be

conducted by either the State Police or even the CID

Crime of the Gujarat State, it is impossible that an

impartial investigation would result therein inasmuch as

the Supreme Commander of the investigating agencies

and the State Police is personally or directly interested in

the outcome of the investigations which are more in the

nature of witch-hunt launched against the present Writ

Petitioner.

i. Thus, when cogent allegations have been made against

high officials and the Chief Minister of the State in his

personal capacity, this Hon’ble Court, following the

decision in Rubabuddin’s case, reported in (2010) 2 SCC

200, ought to hand over the investigation of the four

F.I.R.s referred to in this petition, to the CBI since the

allegations leveled against Shri Modi are not based upon

conjectures and surmises but upon substantial facts

which led to reasonable apprehension that the

investigative machinery is bound to be prejudiced and

biased.

j. Because it is respectfully submitted the facts of the FIR

itself will reveal that (1) the FIR is misconceived, (2) a

matter specific to revenue has been inexplicably

converted into a criminal case, and (3) the registration of

the FIR is motivated by malice at the behest of the Chief

Minister, Shri Narendra Modi, for the aforementioned

reasons.

k. Because the Petitioner’s brother, currently the senior-

most IPS Officer in the State Government, has also

become a victim of the wrath of the Chief Minister and he

has also been sought to be arrested and prosecuted. The

Annual Confidential Reports of the Petitioner's brother

have been illegally downgraded from 'outstanding' to

'very good' at the behest of the Chief Minister for which

the Petitioner's brother has filed an application before the

Central Administrative Tribunal (CAT) and the stand of

the Petitioner stands vindicated by the findings arrived at

by this CAT wherein the actions of Shri Narendra Modi

have been held to be arbitrary and illegal.

l. Because the Petitioner’s fundamental right to liberty has

been repeatedly and comprehensively violated time and

again, without the due process of law, by the persecution

launched against the Petitioner and his family, by the

most powerful man in the recent history of the State.

m. Because the Petitioner is in judicial custody since

06.01.2010 except for a few months between September

2010 and January 2011, during which time he was on bail

and charge-sheet has already been filed. There are

about 400 witnesses cited in the charge-sheet and further

investigation is still going on with respect to other

accused persons. The charge for offence under the

Prevention of Corruption Act has been dropped and all

other offences are triable by Magistrate. The Petitioner

has been an outstanding Administrative Officer with

unblemished career in the past 30 years since

15.01.1981 when he joined the Services as probationer.

His arrest is actuated with malice in law as well as malice

in fact.

n. Because in an appropriate case, particularly when the

Court feels that the investigation by the State police

authorities is not in the proper direction as the high police

officials are involved, in order to do complete justice, it is

always open to the Court to hand over the investigation to

an independent and specialized agency like the CBI.

33. Because of paucity of time the present petition has been

filed in a great hurry and thus the Petitioner seeks leave of this

Hon’ble Court to place on record additional documents and also

for adding facts and grounds in the present petition.

34. That the Petitioner has not filed any other petition before

this Hon’ble Court or any other court for the same purpose.

PRAYER

In view of the submissions made hereinabove, the Petitioner

most respectfully prays that this Hon’ble Court may graciously

be pleased to:

A) an appropriate writ of madamus or any other appropriate

writ order or direction to the respondents herein allowing

the present petition and directing the transfer of the

following four cases from the State CID to the CBI :-

(i) M. Case no. 1/2008: registered on dated 20.2.2008 with the CID (Crime) Rajkot zone,

(ii) CASE NO. 3/2010 registered with CID (CRIME) Rajkot Zone,

(iii) CASE NO. 9/2010 registered with CID (CRIME) Rajkot Zone

(iv) CID (Crime) Rajkot Zone No. 1/2011 Offence registered under section 217, 409, 120(B) of IPC;

C). Pass any other order as this Hon’ble Court may deem fit

and appropriate in the facts and circumstances of the

present case.

AND FOR THIS ACT OF KINDNESS YOUR HUMBLE PETITIONER AS IN DUTY BOUND SHALL EVER PRAY.

DRAWN & FILED BY

(SUNIL FERNANDES) Advocate for the PetitionerNEW DELHIDRAWN ON: 21.04.2011FILED ON: 26.04.2011

ANNEXURE P-1

SURAT URBAN DEVELOMENT AUTHORITY

N. Bijlani, IAS Multistoreyed BuildingChairman ‘A’ block, 5th Floor

Nanpur, SURAT 395001

D.O. No. SUDA/Election/5807 Dt 21.03.1985

My dear Pradip Sharma

As an observer of the Election Commission of India I had

an opportunity to visit the 164-vyara (S.T.) Assembly

Constituency (for which you were appointed as Returning

Officer) and to see the arrangements made for conduct of poll

as also for counting of votes. In this regard I would like to keep

on record my appreciations of the excellent arrangements

made by you for conduct poll and for continuing of votes in

accordance with instructions and guidelines of the election

commission of India. This was mainly due to the interest and

care taken by you personally at all stages.

I hope you will endeavour to keep up the level of

performance in your future career.

With best wishes.

Yours SincerelyN.M. Bijlani

Shri Pradip SharmaPrant OfficerVyara, Taluka: vyaraDistrict: Suratcc. collector, surat for information.

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From: P. N. Roychowdhary No. SSS/Target/ 84-85 Office of the Collector

Nanpura, SuratCollector andDistrict Magistrate Dt. 22.04. 1985Surat

Dear Shri Sharma

I take great pleasure in placing on record my appreciation of the

excellent work you have done during the crash drive for net

small savings collection by the end of March 1985. I am happy

to inform you that due to your all out efforts our district has

been able to collect Rs. 28.36 crores. Although we could not

achieve the target of Rs. 32.20 crores, none the less fact that

we had collected such a huge amount inspite of two general

elections have been conducted during the period indicates the

tremendous efforts you and your staff have made.

Accept my congratulations and please convey my

congratulations to your staff also.

Yours sincerely

(P.N. Roychowudhury)ToShri Pradeep SharmaDy. Collector, Vyara PrantVyara

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V.R.S Cowlagi, I.A.SSecretary to GovernmentD.O. No. CRO/LORS/34/3883/88

May 5, 1988

Dear Shri Pradip Sharma

1. I write to convey my appreciation for excellent work done

by you in various programmes relating to rural development. I

find that you have exceeded the target in two or more

programmes under implementation in your district.

2. This has been possible due to very competent planning,

hard work and the inspiration you have provided to all the

functionaries working under your charge.

3. Please accept my good wishes on this account for

continued success of your efforts in the coming year also.

Yours Sincerely

(VRS Cowlagi)

Sri Pradip SharmaDirector,District Rural Development Agency.

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BAIFBAIF DEVELOPMENT RESEARCH FOUNDATION,

KAMDHENUSENAPATI BAPAT MARG, PUNE- 411016

INDIA

TELE: 52621, TELEX: 0145-283 GRAM: BATFON

REF NO BARF/89/T2 DATE 18 th May, 1989

Dear Mr . Pradeep Sharma,

This is to appreciate with sense of gratitude your valuable co-

operation and administrative support to BAIF in executing

Socio-economic Rehabilitation programme of Tribals in Vansda

and Dharampur talukas of Valsad District. The Government of

India channalises development funds to district rural

development agencies in India through the Department of Rural

Development, New Delhi. Under this system the programme of

the rural poor can be successful only if the DRDA comes

forward whole heartedly with co-operation and support to the

operating agency, such as BAIF. As a project Director of

Valsad, DRDA your spontaneous co-operation has proved to be

most valuable. I can say you have set a good example how a

committed administrator can play the key role in development

programme specially designed for the upliftment of the rural

poor in India.

Young, enthusiastic, committed and qualified

administrator like you should try to join training programmes

which are conducted outside India to get wider vision, exposure

and proper perspective of wholestic approach which can help in

keeping the focus of the programme on the rural family.

I wish you a successful career and in getting support for training

abroad.

With Best Wishes

Yours Sincerely

MANIBHAI DESAI

PRESIDENT

Mr. Pradeep Sharma, I.A.S., D.R.D.ASurat

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Gram:URBANDEV

PROFESSIONAL DYNAMICS IN HEALTH CARE

A TERM PAPER IN GRADUATE LEVEL CORE COURSE AT NORTHEASTERN UNIVERSITY

(BOSTON, USA)

APRIL, 1994By: Sharma Shyamal

Imagine in your mind's eye a swamp-v ery murlcy,d ark, dank,

and unstable, full of mud, water, weeds, even quicksand. You

see insects skidding about on the surface of the swamp. You

also see crocodiles, alligators, bugs, spiders, snakes, and other

animals suited to that environment. The water is stagnant; no

fresh water is coming in or going out. You can see the fungus

growth and moss, and the stench is very offensive. The water is

putrid , stale, filled with disease and decaying vegetation.

Now imagine the gradual transformation of that murlq

swamp into a magnificent oasis. See the swamp being drained

of the old water. The swamp begins to dry up; fresh water is

introduced with inlets and outlets, so that the water is gradually

purified. The 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. You see beautiful vegetation, trees ,

Iagoons.

Finally the swamp becomes a true oasis- one that has

shade under beautiful trees from the sun and pooling areas and

clear, pure water.You could even drink the water, it is so clean.

The 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, excellent, attractive,

enchanting , resplendent, magnificent, peaceful.1

Stephen Covey, in his book "Principle-Centered

Leadership" presents this metaphor to demonstrate how he

visualizes the concept of Transformational Leadership. The

goal of transformational leadership is to " transform" people and

organizations in a literal sense-t o change them in mind and

heart; enlarge vision, insight, and understanding; clarify

purposes; make behavior congruent with beliefs, principles, or

values; and bring about changes that are permanent, self-

perpetuating, and momentum building.

Dr. Covey goes on to add: “I am personally convinced

that one person can be a change catalyst, a " transformer," in

any situation, any organization. Such an individual is yeast that

can leaven an entire loaf. It requires vision, initiative, patience,

respect, persistence, courage and faith to be a transforming

leader."1

Reflecting on my association with such a leader and

having seen him so perform over past several years, I can very

1

vividly relate to Dr. Covey's metaphor, of ' a swamp being

turned into an oasis', for transformative leadership. I shall take

you several thousand miles across from here to the Indian

subcontinent to elaborate my claim.

India, the world's most populous democracy, espouses the

philosophy of welfare state for domestic economic policy and

administers a broad range of poverty alleviation programs for

the deprived and the downtrodden at the grassroots level. The

target population is defined as people who reside in rural areas

and whose per capita incomes fall below the official poverty

line. District Rural Development Agencies in every state are the

government's vehicles for implementing poverty alleviation and

rural development programs.

The DRDAs are headed by senior (normally so by virtue

of official rank rather than length of service) civil servants,

designated as Project Directors of the respective DRDAs. The

Project Director is assisted by several assistant project officers

(APOs) responsible for different specialty divisions such as

agriculture, animal husbandry, irrigation, social forestry, rural

housing, rural youth training, cooperatives finance, and

banking; as well as a network of about 300 employees and

village-level workers.

Funds are allocated to every DRDA annually to correspond with

the district's physical size and degree of economic

backwardness, the latter computed on the basis of the

percentage of the district's population living below the poverty

line. The project director and his team are responsible for

investing these resources in a myriad of developmental projects

so as to generate employment among eligible target population

and initiate sustained economic growth 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 growth; and end up

being massive charity institutions at the expense of the public

exchequer rather than playing their part as change agents in

the country's economic turnaround. This failure is largely

attributable to the failure of the project directors as leaders of

their organizations. Pradeep, already recognized by his peers

and his superiors in the government as a dynamic executive

and an outstanding team leader, was barely thirty when he took

office as Project Director, DRDA of Valsad in the state of

Gujarat in Western India. Valsad district is spread over

approximately 2100 sq. miles, and has a predominantly tribal

population of l.I2 millions out of a total rural population of 1.64

millions. I do not have the statistics for the magnitude of rural

people

eligible to receive aid from the DRDA. The district's total urban

and rural population is 2.I7 millions.3 In the year when Pradeep

took office, his DRDA had an annual budget of about 120

million Indian rupees, or about 8 million U.S. dollars at that

time; this allocation is subject to revision, normally in the

upward direction, every year.

I would like to put Pradeep's leadership behavior into

perspective for the reader, by employing some characteristics

of transformational leaders derived from " The Transformational

Leader " by Noel Tichy and Mary Anne Devanna.2

They identifv themselves as Change Agents: Pradeep's

professional and personal image has always been to make a

difference and transform the organization that he has assumed

responsibility for. He clearly identifies himself as the change

agent. His zeal to transform is manifest in his actions from the

day he assumes office; in his immaculate attire, in his brisk

manners, in the immediate physical changes he brings about in

his office premises as well as in his residential quarters, in

expressing to his team certain basic minimum standards of

decency and discipline he expects of them before they get

down to more serious business.

His office staff perceived these initial changes as

precursors to more important, impending changes in their

organization. They were excited at the prospect of working

under a progressive executive who would rise above the

mundane and bring essentially new order to their organization.

Little had they realized then, however, that they would not be

"working under" him; rather he would be "working with" them to

give a new meaning to their collective efforts.

They believe in people: According to Abraham Maslow, all of

us have basic kinds of needs: physiological, safety, social, ego,

and what he calls self-actualization. These needs are in a

hierarchy from lower needs; physiological - to the highest and

the most complex- self-actualization. Some people never have

a chance to fulfil their higher needs, such as, relating to others,

having satisfying, meaningful contact with others, having a

sense of inclusion and affection and response. We never allow

these needs to be satisfied because we deal situationally with

needs at the lowest level possible. In our motivation system, we

often create conditions that satisfy one level and never allow

people to move on up. We create work that does not allow

people to satisfy ego needs, to feel that "I'm doing something

worthwhile" or that "I have the esteem of people". We do not

create conditions wherein people achieve the best that is

possible for them to achieve (self-actualization).3

Transformational leaders are not dictators. They are

powerful yet sensitive of other people, and ultimately they work

toward the empowerment of others. In a feudal culture like

India's, Pradeep could easily have assumed dictatorial attitude

toward his staff. However, he believes that ordinary people

have a lot more to offer than they are usually either allowed or

encouraged to offer. Having redefined the DRDA's goal of

creating viable means of livelihood for the target population and

having communicated the same to his team, Pradeep

encouraged them to share with him information about the local

population and their culture, so vital for him to understand the

social and economic needs of the people he intended to serve.

He consulted with his APOs and immediate office staff about

what changes/improvements they considered desirable, based

on their experiences and/or frustrations within the organization

as well as with the State Secretariat.

He toured extensively throughout the district and met with

village-level workers and other stakeholders to reinforce their

morale and communicate his vision. In this process of self

education, he toured the remotest areas of his jurisdiction,

some accessible only on foot during monsoon season, and

listened to the tribals. He talked with them overnight in their

humble dwellings, shared their meagre meals and reassured

them that he and his team were there not to deprive them of

their cultural heritage, but to understand their needs and enable

them to fulfil those needs. He aroused people's interest in

special programs for rural youth, and women and children. He

enlisted the support of bankers, Non Governmental

Organizations (NGOs) and Spanish missionaries operating in

the district toward a concerted effort for achieving sustained,

self perpetuating economic growth in the area.

An essential ingredient in organizational leadership is

pulling rather than pushing people toward a goal. A "pull" style

of influence attracts and energizes people to enroll in an

exciting vision of the future. It motivates through identification,

rather than through rewards and punishments. Leaders

articulate and embody the ideals toward which the organization

strives.4

Pradeep's enthusiasm spread like contagion and radiated

in his surroundings. His genuine involvement with his

organization's goals provided a great impetus to his staff. They

felt motivated to go "the extra mile". Employee morale ran high

at all levels; people found themselves significant and

empowered, and their work stimulating, challenging, fascinating

and fun. They rose up to meet continuous challenges of

excellence and even higher standards of excellence provided

by their leader.

Pradeep planned beach-side gatherings and informal

cricket matches for his staff. This enhanced the process of

breaking down barriers and promoted a sense of community

among the people. At such times and at times when he and his

staff worked long unscheduled hours on a project, they were

treated with refreshments from his private kitchen.

The leader maintained excellent communications with the

Department of Agriculture & Rural Development, and invited the

top bosses in the department to periodically visit the district. His

team won state honor for excellent, outstanding performance in

the first year after he took office. It was a victory for the perfect

harmony of vision and purpose between the leader and his

extended team.

They are Life Long Learners: All transformational leaders

how an amazing appetite for continuous self-learning and

development. Pradeep did not hesitate from admitting his

mistakes, and could barely forgive those who refused to do so.

He viewed his mistakes as learning opportunities. He treated

his staff similarly and encouraged them to learn from their

mistakes.

Pradeep has been a life long learner in another sense,

too; i.e., in his continuous commitment to learning and

intellectual enrichment. During his tenure in the DRDA, he took

a 12-week course in Rural Research & Rural Planning at the

Institute of Developmental Studies,

University of Sussex in United Kingdom. While in the same

office, he initiated, of his own accord, a process that won him

Asian Development Bank-Japan Scholarship to study for

Masters in Development Management at the Asian Institute of

Management in Manila, Philippines. A couple of years after he

graduated from there and while he was Comptroller to the

Governor of Gujarat state, he again took time and personal

initiative to earn Masters in Economic Policy & Planning at

Northeastern University in the U.S.

These periodic "escapades” in to the world of learning, by

themselves do not promote his rank in the Indian bureaucratic

setup. He undertakes these adventures driven by his

commitment to continuous learning. He provides his staff with

similar learning opportunities by enrolling them in programs on

local self-government, administrative law, computers in public

sector, and other relevant issues.

They are value-Drive: Transformational leaders are able to

articulate a set of core values and exhibit behavior that is quite

congruent with their value positions.5

Pradeep believed that one person with commitment can

transform any situation or organization. He also believed, not

unlike the moth 9, that it is better to be a part of beauty for one

instant and then cease to exist, than to exist forever and never

be a part of beauty. His idea of beauty was professional

excellence and personal integrity, and exhibited ample

evidence of both.

His professional and personal character were crystal-clear

which continued to reinforce his pride and convictions. He did

not buckle under pressure from local political leaders to favor

them with undeserved funds spent on their constituencies. He

did not fear political transfers, since he did not have vested

interest in any office except for giving his best, and was

prepared to step down any time with pride and grace.

Pradeep ensured that the Accounts branch in his office

deduct at source from his private purse any personal use of

telephone and/or vehicles by him or his family. The household

staff at his residence was treated by even the youngest

member of his family with dignity, respect and compassion due

to every human being.

They are Visionaries: Pradeep has been my closest friend for

over fifteen years, and my husband of twelve years. Let me

assure the reader, however, that there is no personal bias or

exaggeration in whatever I have related so far. Rather, I have

been unable to paint the full richness of his performances in

different offices. Since he is a public servant and not a

corporate executive, I am unable to quantify his achievements

in terms of multiple increases in gross/net profit ratios and

financial turnarounds. He deals with people and their lives;

teamwork inspired by his leadership has catapulted into

prominence offices considered the least lucrative by his peers.

His achievements are on record in his dossier maintained by

the state government.

Like every true visionary, Pradeep is never content with what is

already accomplished, or even with what is about to be

accomplished. He always has his eyes on the horizons, on the

thousand opportunities awaiting his action, on the portents of

events to come but unthinkable yet in present times. He is

forever searching for stones hitherto unturned; for roads not

taken.

REFERENCES

1. Stephen Covey, Principle-Centered Leadership ( New York:

Fireside, Igg2),p.27g.

2. Stephen Covey, Principle-Centered Leadership ( New York:

Fireside, IggZ ), p. 2g7.

3 . Population Census, Government of India. 1991.

4. District Rural Development Agency, valsad (India), Financial

year 19g6-g7.

5. Noel M. Tichy and Mary Anne Devanna, The

Transformational Leader ( New york: John Wiley & Sons, 1990).

6.Abraham Maslow, A Theory of Human Motivation

(Psychology Review,1943); so quoted by William G. Dyer in "

The Sensitive Manipulator ", ( Utah: Brigham young Univ.

Press,1 972),p . 96.

7. Warren G. Bennis, An Invented Life ( Reading, MA: Addison-

wesley, 1993 ), p.g4.

8. Noel M. Tichy and Mary Anne Devanna, The

Transformational Leader( New york: John Wiley & Sons, 1990 ),

p.274.

9 . Don Marquis, The Lesson of the Moth ( New York: Pushcart

press, 1976 ),pp.167-6g; so quoted by Warren Bennis and Burt

Nanus in "Leaders: The Strategies for Taking Charge ( New

York: Harper Perennial, 1985 ), pp.53-4.

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THREE YEARS LATER, BHUJ IS ON THE ROAD TO PROGRESS

INDIAN EXPRESS JANUARY 26, 2004

MILIND GHATWAJBHUJ, JANUARY 25

BUT for the remnants of Debris on the roadside and a couple of

stones they use as stumps, a group of boys playing cricket in

the middle of the road near Nagar Chakla, a walled city area of

this quake-hit town, would not catch anyone’s attention on a

lazy Sunday afternoon.

Their only worry, vehicular movement that forces them to take

unscheduled, irritating breaks. This, when the broad road

doubles up as their pitch did not exist till a few days ago.

A narrow lane passed from near it till January 26, 2001 when

houses collapsed blocking movement of rescuers and victims.

“We are happy with this inner ring road, Bhuj will develop into a

big planned city.” Says Gunit Parmar, a 19 year old student of

government polytechnic as he fetches the ball from behind the

mound of rubble that is taken as part of land scape in this

headquarters of kutch, the second largest district in the country.

Like the young cricketers, others too have put the past behind

them, relegating bad memories of the quake to the inner layers

of consciousness, and are finding solace in the fast pace of

construction and reconstruction that is taking place around

them.

The bad vibes generated by the Town Planning Schemes still

rankle, but the administration has gone the extra mile, bothering

to lend a patient hearing. Till a few days ago, it seemed

impossible that the TP scheme could be implemented in the

walled city, caught up as it was in legalities interests, both

genuine and vested and disputes like those between tenants

and landlords or simply among brothers.

“Not that problems don’t exist, but we have found ways to get

around them”, says District Collector Pradeep Sharma, whom

most people credit for successful implementation of the

scheme, that seemed etched only on paper till he took over in

May last year.

The local were hostile in the beginning, often petitioned that the

authorities were not ready to sacrifice even an inch of land.

Frustrated by miseries brought about by the quake and angered

by corruption at lower levels of administration, they blocked

every move to implement the scheme, and in return delayed the

reconstruction of the town.

But given the quick developments in the last few months, the

town already looks so different from what it was on January 26,

2001 or even before that. “Their initial resistance has been

replaced by the famed kutchi resillence and spirit of

cooperation” sharma says, confident that, ‘Bhuj will be clean

and breathe free by june.”

An outer ring road, a middle ring road and inner roads have

changed the towns profile. The whole town looks like a large

construction site, debris, both due to the quake and demolition

no more incongruous in the setting.

“It will be fun living in the town when all developmental activities

are over”, says Mahendra Mehta, a 41 year old owner of shop

in Saraf Bazaar, that itself has transformed into an orderly

trading centre. “We are happy with god”, we lived by the rules

and did not suffer in the quake.” Mehta says philosophically,

“we never expected this big roads” he says “we started to agree

for sacrifice only when we found administration willing and

considerate to our demands”, Earlier we thought Bhuj may take

atleast 10 years to get back on its feet, now I see it happening

sooner, says Hasmukh Soni, who is not complaining much

about the loss of Rs. 15, 000 when his cable got disconnected

on Sunday.

Even outside the bazaar and walled city, the town has changed

a lot. Some of the victims have already moved to three

relocation sites in Rawalwadi near ITO office and on Mundhra

road where more than 3500 houses will come up.

The town already boasts of a Super Speciality quake- recintant

hospital funded entirely from the Prime Ministers fund, a 19 km

long outer ring road and an airport. Kutch University will take

shape over 165 acres of land, while a beautiful Hill garden is

emerging on a hillock near Rawalwadi. That’s my dream project

says Sharma. One of the few officers who have managed to

convince people on either side of the calamity. Spread over 22

acres, the garden will have among other attractions, an

amphitheatre, a children’s park, a nursery, a meditation centre.

Rotary has already picked up 70 percent expenditure of the Rs.

1 crore project. Chief Minister Narendra Modi will inaugurate

both the garden and the bazaar on Tuesday.

Sharma has got the backing of his subordinates who are still

smarting under the Rs. 11.50 crore debris scam spread over

five talukas. As many as 727 people, including government

officials like deputy Collector, Vidya shayaks, talatis, have been

booked so far and more are expected to face the heat.

The district jail which collapsed allowing 179 prisoners to

escape- but for seven all have returned – is yet to come up.

Given the large quantity of debris lying inside its premises, it will

be a miracle if the administration is able to meet its targeting of

reopening it in couple of months.

The Kutch museum, Oldest in Gujarat , Aina Mahal, famous

Chattedis (Memorials) are among the important buildings where

construction will take a long time, but residents are not

complaining.

They say their first priority is to have a roof over their heads and

get business moving.

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TOWARDS A BETTER TOMMORROWMonday 26, 2004

Bhuj: We have heard the tale of Raja Bhoj, who is

known to go out in changed dress to inspect personally

what has been going on in his kingdom. The Kutch

District Collector is a person with a difference. People

of Bhuj have seen this man almost everywhere,

instructing officials and communicating with people. The

Town Planning process has been sped, thanks to the

personal interest and motivation of some of the top civic

officers like Pradip Sharma.

This confident man has won the hearts of people

of Kutch. Pradip Sharma is keen over a mission to

make Bhuj Green in next Twelve months. “I am a very

small man nothing could have happen without the

support and co-operation of the people of Bhuj.” He

modestly explains. The State Chief Minister and other

ministers have been taking interest in rebuilding Kutch

and the other earthquake effected areas. The

government has spent over Rs. 366.06 Crore on as

many as 56 works of infrastructure development in this

district. The support of various NGOs is also

impressive. “Our thrust will now also be on

beautification of town. Two decorated traffic circles

have been constructed while a musical fountain will be

placed near the Hamirsar talao of Bhuj. One more circle

will be constructed near the RTO”, he explains. Parking

zones will also be developed at various places.

Pradip Sharma also said that various plots have

been allotted to various NGOs at three relocation sites

of Bhuj, namely the Rawalwadi, Mundra relocation site

and the RTO relocation for beautification and

community purpose. Sharma said that 147 kms long

new roads will be constructed in Bhuj out of which

48kms road has been completed.

Pipe line of over 100 kms have been installed for

water supply. It is to recall here that Sharma has been

awarded by a prestigious Commanders Cross of the

Order of Merit of the Republic of Poland for his

outstanding contribution in Indo Poland relationship.

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Making Fair ProgressINDIA TODAY 07 NOVEMBER, 2005

Tradition meets modernity in a cultural extravaganza in arid

Kutch as Gujarat packages the region as a tourism hot spot

By Uday Mahurkar

There is a new buzz on the Indian tourist circuit, and it

originates from the unlikeliest of destinations. Kutch in Gujarat

is a flat, endless desert that has, till now, been largely known

for its population of wild asses and, of course, the earthquake

that devastated the region in 2001. Out of the desert, however,

emerges a mirage, but one that is very real. Finally, the state

Government has woken up to the region's

tourism potential and if the Sharad Utsav held from October 16

to 18 is any indication, the Rann of Kutch could soon rival

Jaisalmer and Pushkar in neighbouring Rajasthan.

For all its perceived desolation, Kutch has some obvious

advantages. The salt desert is unique, woven as it is into an

ecosystem comprising creeks and mangroves and pristine

beaches. Equally saleable are the exquisite handicrafts made

by local tribes which have a heritage going back centuries. If

ecotourism should be the buzzword, then there are rare wildlife

species like the wild ass and the Great Indian Bustard.

What Kutch lacked till now was promotion as a tourist haven by

the government as well as travel operators. Last week's festival,

organised jointly by the state Government and local citizens,

was staged under the light of the full moon on the occasion of

Sharad Purnima and represented the biggest attempt as yet to

sell the myriad attractions of Kutch to the tourist.

Travel operators, including those who regularly participate in

the Jaisalmer and Pushkar festivals, and the large number of

foreign tourists present at the occasion were charmed by the

sheer colour of the event and the zeal of the people -25,000

came for the fair every day-in the middle of nowhere. Thirty

kilometres from Bhuj, the festival venue, spread over an

expanse of 4 sq km of desert, comprised 400 luxury tents, 150

of them air-conditioned, a typical Kutchi village of 25 huts

housing five local tribes and two big exhibitions, a handicraft

bazaar and a village fest with 200 stalls showcasing everything

from the region's crafts to cuisine. Old-timers say that on

Sharad Purnima, Goddess Lakshmi flits across the night sky,

showering gifts to those who are not asleep. This time, though,

it was the pyrotechnics in the amphitheatre that made sure that

many stayed up all night.

Kutch Collector Pradip Sharma, one of the architects of the

event, offered a potpourri of local ingredients for the novelty-

seeking globetrotter. In a faint replica of the Pushkar mela,

there were camel races and horse races. Chief Minister

Narendra Modi himself went around in a camel safari and his

dream project was well on its way. A show of Mal Kushti, a form

of wrestling known as bakh malakho in Kutchi and which is

nearly extinct today, was part of the attractions. The wrestling

show, jokingly called rural WWF, was staged to the beats of the

dholak. The ethnic flavours were matched by a good dose of

modern elements: hot-air ballooning and a captivating air show

by the Surya Kiran team of the Indian Air Force. While tourists

shopped for knick-knacks at the Bhujodi crafts village, a fashion

show by young designers of the National Institute of Fashion

Technology, Gandhinagar, displayed the best of Kutchi textiles

and embroidery.

Says Ranjit Singh Muli, a Mumbai-based travel operator, who

has done the round of the top tourist festivals in the country:

"The Sharad Utsav has the right mix to attract the international

tourist. It has the potential to emerge as a popular event on the

festival calendar." This year, the event was organised with the

help of corporate houses which chipped in Rs 2 crore.

However, organisers are optimistic that the event will cut even

soon. The feel-good factor has spread to Kutchi artists. Double

flute player Musa Ghulam Jat, who has performed in shows

abroad, finally got a chance to display his art before an

appreciative home crowd. Says the grateful Jat: "I never

imagined that such a show could be organised in this remote

area. It can go a long way in helping artists."

If the sword dance of the Sodha Rajputs along the Indo-Pak

border in Kutch and Rajasthan was novel, the garba dance of

the Mer community of Porbandar brought the best of dandiya

raas to town. The piece de resistance was 2,000 dancers

playing garba under the full moon. As Michelle Decamoncle, a

travel writer from Belgium, says, "The Sharad Utsav will give

many festivals a run for their money." Mahendra Singh

Vaghela, the only travel operator who runs an ethnic Kutchi

lodge in the area, agrees. "If this festival is made a regular

feature, it will change the face of Kutch," he says.

Kutch had never been packaged like this.The team of

craftsmen which erected a Kutchi village for Aamir Khan's

Lagaan raised a similar one showcasing the lifestyle of five

tribes of Kutch in 25 huts. The Kumbhars, Muslim Jats, Ahirs,

Rabaris and the Sodha Rajputs lived here for three nights,

carrying on the activities for which they are known-from

embroidery to pottery-making. For the Kutchis, it has been a

moonlit sonata. Now only if it would translate into hard cash

from tourism.

//TRUE TYPED COPY//

Rising from the RuinsINDIA TODAY ON NET 05 June, 2006

Rs 11,000 crore in investments and over a hundred new

industrial outfits have resurrected Kutch from the debris of the

2000 earthquake

-By Uday Mahurkar

Construction that follows destruction is always creative and

solid." So goes a Gujarati saying. In case of Kutch, the

resurgence following the devastating earthquake of January 26,

2000 has indeed been remarkably extensive, bolstered by

investments of Rs 11,000 crore in 150 new industrial ventures.

There's more money expected in the coming months. Another

Rs 8,000 crore, to be exact.

For Kutchi Nensi Shah, chairman of the Mumbai-based Euro

Group, the dramatic makeover is nothing short of a miracle.

Once a small trader in Bhachau, Shah had moved to Mumbai in

1987. The second

morning after the tremors rocked the region, he had flown over

his hometown, one of the worst-hit areas, leading a fleet of six

choppers carrying relief material.

Overcome with grief and despair as hesurveyed the ravaged

terrain, he felt certain that the quintessentially decrepit,

desolate town would never be able to tide over this mammoth

tragedy that had claimed more than 15,000 lives.

Today, Kutch's kaleidoscopically changing skyline never ceases

to surprise him.

Mushrooming across the once-barren land are giant factories,

linked with gleaming, smooth stretches of concrete trafficways.

The picture of development and growth makes it almost

impossible to believe that a little over six years ago, the place

had been all but destroyed by the killer quake.

Needless to say, the booming industrial scenario has generated

employment opportunities for locals, boosting income and

providing a fillip to lifestyles. That real estate is growing

proportionately is evident from a huge housing colony, City

Square Township, coming up on the outskirts of Bhuj. Opulent

bungalows dotting the 100-acre landscape are but one sign of

the economic surge. Around 11,000 people have

found jobs in new establishments, whose founders were

incentivised to set up shop by the excise exemption policy of

the Union government and the sales tax exemption policy of the

Gujarat government that came into effect in 2001, augmenting

the efforts of local Kutch leaders. Among the investors are

leading corporates like Essar, Parle, LG, Adani Anchor and

Euro Ceramics. Their areas are as diverse as edible oil

processing, steel, ceramics, automobiles, consumer and

electronic products,cement, fabric and coke-processing.

A part from the tax incentives, the credit for the boom goes

largely to the Narmada dam waters being channeled to the

region. Of the 200 million litres made available to Kutch daily,

nearly one-fourth goes to the industrial outfits. That figure is

expected to shoot up once the height of the dam is raised. "The

change is going to be more pronounced in the days to come,"

promises Paresh Shah, a director

at Euro Ceramics which has set up a Rs 200-crore luxury tile

manufacturing enterprise. "The Kutch era has just begun."

Nensi Shah agrees. "After the industrial revolution in Kutch, I

expect a green revolution in the next five years," he enthuses.

//TRUE TYPED COPY//

THE HIGH ROAD TO RECOVERY

The 2001 earthquake in Gujarat reduced human habitations to

rubble. But with efficient planning and implementation of the

reconstruction, ravaged towns like Bhuj, are springing back to

life.

By Uday Mahurkar

Just three years ago, it seemed like a giant bulldozer had come

and razed cities in Gujarat to the ground. In the eerie silence

amid the tumbled walls and cruelly disrupted lives, there was

only one thought. Would the cities rise again? Today, the

question has an answer. The cities have arisen. And Bhuj leads

the way. On January 26, 2001, 6,356 houses in Bhuj were

flattened by the quake. Now, people have already moved into

2,000 new houses and another 1,800 will be completed in the

next two months. In Anjar town, where 1,771 houses were

destroyed, 629 houses have come up and construction of 550

is under way. In Bhachau town, where 5,820 houses had

collapsed, 1,430 houses have been built and 950 are coming

up.

Bhuj has a new look about it. Just 18 months ago there was

nothing but fields in areas like Ravalwadi, RTO, Mundra Road

and Swaminarayannagar. Today houses have sprung up. Small

but planned houses are being made by the quake-affected on

their own but these follow the Government's development plan.

As a result an altogether new city is coming up on the outskirts

of Bhuj, with wide roads and other facilities like gardens, a town

hall and hospitals. Bhuj is set to emerge as a modern town.

People, of course, have conflicting views about the priorities of

the rehabilitation schemes. Parvatiben Jani, who lived in a

rented house before the earthquake, has just moved with her

three-member family into a new, 35 sq m house in a colony of

200 houses built for the quake affected by the Kutch Mahila

Vikas Sangathan, an NGO, in Bhuj's gidc Nagar. Says Jani: "As

somebody who lived in rented quarters, I had a dream of

building a house of my own one day. Ironically, the killer quake

made it possible." Her happiness is contrasted with the

comments of Sunil Anam, a bank official who has moved into a

new house in Swaminarayannagar. "Housing and housing-

related infrastructural problems should have taken priority over

roads and gardens," he says. "What good are roads if the

quake -affected continue to face problems on the housing

front?"

Yet, the model of rehabilitation in Kutch has won praise from

experts who have worked in restoring quake-affected

settlements in Japan, the US, Turkey and Iran. M. Greene, a

rehabilitation expert with the Earthquake Engineering Research

Institute, US, says the Bhuj reconstruction is commendable.

"Even a country like America would have had problems with

rehabilitation given the magnitude of the challenge," he says.

If an entirely new Bhuj has come up on the outskirts of the

town, old Bhuj, a congested, 450-year-old township with narrow

lanes and dense population, too has undergone a change.

Take, for example, the Saraf Bazaar area where the lane was

so narrow that it was difficult for two cycles to cross each other.

The authorities convinced 500 odd shop owners that it was

necessary to widen the lane keeping in mind the possibility of a

quake in the future and they should, therefore, allow their shops

to be sliced off. Today the road has been widened.

The Gujarat State Disaster Management Authority (GSDMA)

has emerged as the key body in the rehabilitation of Kutch. It

involved leading NGOs and reputed bodies like the IITs and the

Centre for Environment Planning in the process of

rehabilitation. As a result the approach to rehabilitation, unlike

at many other places, was systematic and scientific. It was also

people-focused, unlike in Latur, where people refused to move

into houses built by government contractors. The GSDMA also

opted for a public-private partnership. Thanks to this approach,

85 per cent of rural Kutch has got rehabilitated.

However, the task for the urban model was Herculean by any

yardstick. Over 17,000 families had to be rehabilitated in the

four towns of Bhuj, Anjar, Bhachau and Rapar, which had

suffered the maximum damage in the quake. Plus, there was

the problem of tenants who had no documents to support their

claim for housing compensation. Victims used various pretexts

to escape moving to areas demarcated by the Government for

rehabilitation.

But the Government's organised approach yielded quick

results. While it takes 10 years to finalise a town planning

scheme in the Indian environment, the blueprint for Bhuj was

ready in three years. What helped the rehabilitation process

was the posting last year of two official to implement the plans-

Collector Pradip Sharma, who is concentrating on

infrastructure, and Bhuj Area Development Authority (BHADA)

Chief Executive K.B. Thanki, who is focusing on housing, a

segment which is still posing some problems. A sum of Rs

4,070 crore has been spent on the rehabilitation of Kutch with

over Rs 400 crore going to Bhuj alone.

Appreciation of the rehabilitation work is accompanied by

criticism. Many quake victims say that the Government's

priorities are wrong and that it should have concentrated on

housing first and then on infrastructure. But as V. Tiruppugazh,

joint CEO, GSDMA, puts it, "On the housing front too we have

done well, given the magnitude of the challenge. We made the

township plans and development plan for Bhuj in a record time.

A people-driven approach invariably takes time to fall into place

but it is always lasting."

Another problem is how the Bhuj civic body will maintain this

huge, almost five-star infrastructure in a two-star city once the

Government withdraws. One way of tackling the problem is to

generate revenue from some of the infrastructure projects

through prudent taxation. The income of Bhuj's post-quake Hill

Garden, an extremely popular hill-top haunt where BHADA

charges Rs 2 per person as entry fee does hold out this

promise. Another approach is to create a reserve maintenance

fund. Then there are cases of wasteful expenditure like the Rs

132 crore hospital in Bhuj which is too big not just for the town

but for entire Kutch.

Yet there is a flip side to all this. Former prime minister Rajiv

Gandhi famously said that only Rs 15 of any Rs 100 allocated

by the government for development reached the people. But

looking at Bhuj, one could just this once smile off the prime

ministerial remark as irrelevant.

//TRUE TYPED COPY//

BBC NEWS

SOUTH ASIA

29 January 2011 Last updated at 20:12 ET

Gujarat's astonishing rise from rubble of 2001 quake

Ten years on from the huge earthquake that razed swathes of

India's western state of Gujarat, the BBC finds the place

transformed from a pile of rubble in a neglected backwater into

an economic powerhouse. How?

Kutch is a remote region in the arid borderlands of north-west

India. For centuries life was brutally tough - rains often failed,

there were few jobs and the enterprising would emigrate.

Then in January 2001 a magnitude seven earthquake struck,

devastating a huge area, flattening cities including the district

capital, Bhuj, and wrecking over 8,000 villages. Twenty

thousand people were killed and more than a million others

made homeless.

Those who witnessed the devastation at the time must have

thought this would set back development by decades.

There was an outpouring of sympathy from around the world,

much of it from Gujaratis living abroad. Some $130m (£80m) of

aid poured in.

The Indian government was spurred into focusing on this much-

ignored region in a way it had never done before.

The army was sent in to help with the emergency and $2bn of

reconstruction money was allocated to the region.

Contrary to what many feared, aid and government grants were

put to good use. In the first two years after the quake, nearly all

the damaged villages were rebuilt.

Mithapashvaria, near Bhuj, is a small village that was

completely destroyed. It was re-built with donations from the

UK.

Families showed us the ruins of their old dark two-room house,

and then took us to the new village.

Houses there were light and airy, with four rooms, running

water and a toilet.

The village also had a medical centre, a temple and communal

areas it hadn't enjoyed before.

Navin Prasad, of Sewa International, a non-governmental

organisation, said that in village after village the reconstruction

had produced a leap forward in development.

"We have taken people out of the Middle Ages and into

the modern world," he said.

This progress was repeated all over Kutch, and it is most

noticeable in Bhuj.

After the earthquake it was a sea of rubble.

Radical plans

Shocked and traumatised, residents fled, with many living in

temporary accommodation for months.

It took several years to implement plans for a completely new

city.

Houses had to be destroyed to make way for wider roads.

Ten years on Bhuj has been reborn.

It has two new ring-roads, an airport, parks and thriving

shops.Pradeep Sharma was the government official widely

credited at the time with pushing through the radical plans.

"What you see is a new Bhuj," he says. "We have widened the

roads, laid down water supply systems and underground

drainage systems."

The success of the reconstruction effort could never have been

sustained without economic recovery.

This was triggered by the Indian government creating new tax-

free zones, which sparked a boom in private investment.

It is thought $10bn has come into the region, with £7bn more to

come.

Business boom

Some 300 companies have established their businesses in

Kutch and many more are queuing up to follow suit.

Mundra is a microcosm of the scale of development.

It was a small fishing port in the middle of a salt marsh before

the earthquake.

Now it's an industrial hub, handling hundreds of tonnes of

goods every day.

The Adani group which owns the port is now worth $7bn.

They've also bought a coal mine in Australia and container

ships to bring the coal back to India to feed the country's

biggest power station.

Mundra is expected soon to be bigger than the port at Mumbai.

They are drawing on the ample supply of land and cheap

labour.

In nearby villages, the only work used to be in traditional crafts.

Now there are thousands of new jobs and Adani is taking over

the work of aid agencies.

Sushma Oza is a former aid worker who now heads the Adani

Foundation.

Jobs revolution

"Our own budget for social development in this region is $6m a

year, so you can imagine how we are trying to change the lives

of people to live in better way," she says.

Near Anjar, a city that was devastated by the earthquake, the

biggest towel factory in the world was set up by Welspun in just

nine months.

Its vast mechanised looms weave 250,000 towels a day.

It has taken over the British company, Christy's, the official

towel-maker of the Wimbledon Lawn Tennis Championship.

The chairman of Welspun, Balkrishan Goenka, says good local

governance was key in choosing Kutch.

"There were no local taxes for the first five years and no excise

duties. Nor were there indirect taxes to government - they were

exempted for five years," he says.

"Those were the primary benefits. More than that there was

huge support from the local government so industry can come

faster."

Beside the towel factory, the jaws of the Welspun steel plant's

furnace spit out great slabs of metal.

Since the earthquake, over 110,000 new jobs have been

created in Kutch, and there are thought to be hundred of

thousands more on the way.

With two years of good rainfall and with the 400-km (250-mile)

water pipeline from the Narmada River, the population is now

increasing as the job opportunities increase.

The region is now a cornerstone of the Indian economy, a fact

almost unthinkable 10 years ago.

//TRUE TYPED COPY//

ANNEXURE P-2

CENTRAL ADMINISTRATIVE TRIBUNALPRINCIPAL BENCH, NEW DELHI

Original Application No.49/2011

This the 7th day of April, 2011

HONBLE SHRI JUSTICE V. K. BALI, CHAIRMANHONBLE SHRI L. K. JOSHI, VICE-CHAIRMAN (A)

Dr. Kuldip N. Sharma, IPS,Managing Director,Gujarat Sheep and Wool DevelopmentCorporation Limited,Block No.18, 5th Floor,Udyog Bhawan,Gandhinagar-382011. Applicant

( By Shri I. H. Syed with Shri Varinder Kumar Sharma,

Advocates )

Versus

1. State of Gujarat throughAdditional Chief Secretary,Government of Gujarat,Home Department, Sachivalaya,Gandhinagar-382010.

2. Shri Amit Anilchandra Shah,Minister of State (Home),Government of Gujarat,Home Department, Sachivalaya,Gandhinagar-382010.

3. Shri Narendra Damordas Modi,Chief Minister, Government of Gujarat,Sachivalaya,Gandhinagar-382010.

4. Director General of Police,

Gujarat State, Police Bhawan,Gandhinagar-382010.

5. The Union of India throughSecretary, Government of India,Ministry of Home Affairs, North Block,New Delhi-110001. Respondents

(By Shri Tushar Mehta, Additional Advocate General with Shri

Arun Bhardwah for Respondents 1 & 4; Shri Bhupender Yadav

for Respondents 2 & 3, Advocates)

O R D E R

Justice V. K. Bali, Chairman:

Dr. Kuldip N. Sharma, an officer of the Indian Police Service of

Gujarat Cadre (1976 batch), the applicant herein, through

present Original Application filed by him takes strong exception

to downgrading of his Annual Confidential Reports (ACRs) for

consecutive four years from 2003-04 to 2007-08 from

outstanding to very goodon one single day by his accepting

authority, who happens to be the Chief Minister of the State.

Before we may advert to the pleadings made by the parties in

the Original Application and the counter replies filed on behalf

of the respondents, we may briefly mention the background of

the case and the reason why it came to be transferred from the

Bench in Gujarat at Ahmedabad to the Principal Bench.

2. The applicant filed Original Application No.45 of 2010 in

the Bench at Ahmedabad seeking multifarious reliefs. He

complained of his posting as Managing Director, Gujarat Sheep

and Wool Development Corporation Limited, Gandhi Nagar,

taking him from the main stream and posting him out of his

cadre. He also called in question the departmental enquiry

initiated against him vide memorandum dated 14.12.2009, and

in the process denying him vigilance clearance for Central

deputation. He also challenged the downgrading of the overall

assessment in his ACRs for the period from 2003-04 to 2007-

08. An objection came to be raised by the respondents as

regards maintainability of one petition with multifarious reliefs

unconnected with each other. This objection prevailed with the

Tribunal. Aggrieved, the applicant filed a writ petition, which

was dismissed with the observation that the OA could be

confined to one relief, whereas, as regards other reliefs, he

could file separate OAs. That being so, the applicant confined

OA No.45/2010 to challenge to the charge memo dated

14.12.2009, whereas with regard to downgrading of his ACRs

for the period aforesaid he filed OA No.331/2010 in the bench

at Ahmedabad. One of the Members, i.e., Administrative

Member, and there being only one at the relevant time

available, recused himself from dealing with the cases filed by

the applicant. Justice Wajahat Ali Shah, Honble Judicial

Member presiding over the Bench, vide order dated 24.11.2010

referred the matter to the Chairman for constituting a Bench.

Meanwhile, the counsel representing the applicant, Shri I. H.

Syed, addressed a letter to one of us (V. K. Bali, Chairman) to

hear the matter in the Principal Bench at Delhi, as the only

Administrative Member available in the Bench at Ahmedabad

had expressed his inability to hear the matter. The letter was

taken on judicial side as a misc. application seeking transfer of

the matter from Ahmedabad to the Principal Bench, and after

issuing notice to the respondents, an order dated 10.12.2010

came to be passed transferring both the Original Applications

from the Bench at Ahmedabad to the Principal Bench.

Whereas OA No.45/2010 after transfer to the Principal Bench

came to be re-numbered as OA No.48/2011, OA No.331/2010

on such transfer has been re-numbered as OA No.49/2011.

Against the order transferring the OAs to the Principal Bench, a

writ came to be filed by the respondent State of Gujarat, which

was dismissed as withdrawn, with liberty to the State to file

representation on administrative side. Such representation was

indeed filed but was rejected as an order passed on judicial

side could not be changed on administrative side. The

respondent State thereafter filed an application seeking review

of the order transferring the matter to the Principal Bench,

which, vide detailed order dated 2.2.2011, came to be

dismissed.

3. The applicant in OA No.49/2011 pleads that he is a

decorated officer of the Indian Police Service of the Gujarat

cadre, and for his meritorious and distinguished services, the

Government of India has awarded him the Police medal and

Presidents Medal. It is his case that he has an overall

outstanding service record. A summary of his overall ACR

gradings from 1995-96 to 2007-08 has been placed on records

as Annexure A-2, from which it would be seen that almost all

his reporting, reviewing and accepting authorities have

consistently rated the applicant as an outstanding officer in the

overall grading, and since 1995, all his ACRs have been put up

to the Chief Minister for assessment. It would be seen that all

the Chief Ministers till 2002-03 have rated the applicant as

outstanding. We may not reproduce Annexure A-2 in the

judgment, but would only say that we have gone through the

same and that does show that the applicant has been graded

as outstanding by all reporting, reviewing and accepting

authorities, except for the ACR of 1998-99 wherein he has been

assessed as good by the reporting officer, but that was

upgraded to outstanding by the reviewing authority, which

upgradation was accepted by the Chief Minister, i.e., the

accepting authority. The applicant was assessed as very good

in 2000-01, but this report could not be assessed by the

reviewing and accepting authorities, inasmuch as, whereas the

reviewing authority had retired, the accepting authority had

demitted the office. All other ACRs of the applicant are indeed

outstanding, of course, except those downgraded in respect of

which present OA has been filed.

4. While giving the background of the case, the applicant

pleads that he found from the website of the Ministry of Home

Affairs in September, 2007 that his ACRs for the years 2003-

04, 2004-05 and 2004-06 had not been forwarded, as per rules,

to the Government of India by the State Government. He

addressed a letter dated 19.9.2007 to the Principal Secretary

(Home), requesting him to expedite the same. He also

enclosed a copy of the website of the Ministry, which revealed

the status of his pending ACRs. It is pleaded that since the

work pertaining to writing of ACRs for the years 2003-04, 2004-

05 and 2005-06 had to be completed as per rules by

31.12.2004, 31.12.2005 and 31.12.2006 respectively, the time-

limit stood grossly violated in the case of the applicant, and,

therefore, vide letter dated 22.10.2007 the applicant drew

attention of the 1st respondent to the directions of the

Government of India, Department of Personnel & Training

(DOP&T), requesting that his ACRs for the aforesaid years be

retrieved from the office of the Chief Minister without his making

any remarks as the accepting authority, and the same be

forwarded to the Government of India at the earliest. It is the

case of the applicant that he was given to understand that the

ACRs of three years mentioned above along with the ACR for

the year 2006-07, were all finally received in the Home

Department from the CMs office on or about 30/31.12.2007.

This was after the previous Government had demitted the office

and the new one was sworn in on 25.12.2007. The ACRs were

sent to the Government of India in January, 2008 in one bunch.

The applicant applied to the State Government under the Right

to Information Act asking for copies of his ACRs for the last

twelve years. On perusal of the information so received, the

applicant found that the 3rd respondent, in one go, had

downgraded his overall grading in four ACRs pertaining to the

period from 2003-04 to 2007-08 from outstanding to very good.

The applicant submitted a representation dated 12.3.2008 to

the Chief Secretary, Government of Gujarat, pointing out that

the downgrading of ACRs by the 3rd respondent was in

violation of the All India Services (Confidential Rolls) Rules,

1970 (hereinafter to be referred as the Rules of 1970), as also

the directives issued by the DOP&T. In the said representation,

the applicant inter alia pointed out that the action of the Chief

Minister in downgrading his ACRs would be improper and

would deserve to be set aside for the reasons mentioned

therein. The representation of the applicant was rejected after

keeping the same pending for one year and nine months by the

1st respondent, vide letter/order dated 11.12.2009. The

applicant had applied on 12.11.2009 under RTI Act to Home

Department, Government of Gujarat for information in respect

of the timing and the channel of submission of the above

mentioned ACRs, besides copies of noting section of the files

on which his ACRs were submitted to the Chief Minister, as

also the noting section of the file on which his representation

dated 12.3.2008 was dealt with. The Public Information Officer

(PIO) of the Home Department provided information vide letter

dated 11.12.2009. As per the reply of the PIO, the ACRs in

question were, in chronological order, put up to the Chief

Ministers office on 24.5.2005, 22.8.2005, 27.9.2007 and

11.10.2007. The PIO, however, did not supply to the applicant

copy of the note sheet on which his ACRs were submitted to

the CMs office, on the ground that ACRs of other officers were

also submitted on the same file. It is the case of the applicant

that this was not a valid reason for denying to him copies of

note sheets because gradings are not recorded on the note

sheet, and thus no other officersinterest would be involved, and

that it was very important for him for verifying the date of CMs

signature on it in view of the rule about demitting office, as well

as for checking on discriminatory treatment meted out to him,

and this was because (i) the date on which the CM signed the

ACRs was not recorded by the CM on the body of the ACRs; (ii)

the information given to the applicant by the PIO that the ACRs

were received in the Home Department from the CMs office on

20.12.2007, was found suspicious by the applicant, as no basis

for that had been provided; and (iii) the note sheets should

have the stamp of the CMs office as to when they had sent it to

the Home Department, which would also show whether the CM

kept all ACRs put up on the file inordinately pending or the

applicant was singled out for it. The applicant again wrote to

the 1st respondent vide letter dated 5.1.2010 for providing the

above and other relevant information. He, however, received

no reply. It is the case of the applicant that copies of note sheet

received from the PIO would show that the PS (Home) initiated

the note on 2.4.2008 on his representation dated 12.3.2008. It

is pleaded that normally, notes are initiated not by the Head of

the Department but by the subordinate officers in-charge of the

concerned branch, which is the depository of the relevant rules

and records in the department, and further in his note the PS

(Home) negated the grounds of the applicants representation,

viz., that inordinate delay in the CMs office, and no specific fact

or reason cited by the CM for downgrading, were such as could

be explained or remarked upon by the CM himself. However,

the PS (Home) did that by ex post facto applying his mind on

behalf of the CM. After a query dated 9.4.2008 of the MoS (H)

was answered by the GAD, the Chief Secretary had put up the

file of the applicants representation to the MoS (Home) on

18.4.2008, and the MoS (Home) wrote on the file on 21.4.2008

for discussion with the ACS (GAD) and PS (H). Thereafter, the

next note on the file is only after one and a half year on

12.10.2009 by MoS (H) himself, the 2nd respondent, wherein

he has recorded that let us agree with the GAD, with nothing

else about the discussion that he wanted to hold. The CM had

only signed below this note in the month of November, 2009,

whereupon the applicants representation was rejected on

grounds provided by the PS (H). It is pleaded that this ex post

facto justification by the PS(H) of the delay in the CMs office

and of the downgrading done by the CM is not permissible, and

moreover, it is clear that for no stated reason, on account of

motives best known to him, the MoS(H) kept the representation

pending for 18 months and activated it only in October, 2009.

The timing of it around the applicants posting as MD, GSSWCL

and thereafter issuing him with the charge memo would be

difficult to brush aside as a mere coincidence because the

growing unhappiness of the 2nd and 3rd respondents, is

unmistakably palpable in it, further avers the applicant. The

applicant sent a memorial dated 20.11.2009 to the President of

India through the 1st respondent, with a request to set aside the

remarks and grading of the 3rd respondent in his ACRs for the

four years as mentioned above. He would not know as to what

has happened to the memorial and believes that the same may

still be pending.

5. The applicant avers that downgrading of his four years

ACRs would deserve to be declared as illegal, arbitrary and

mala fide for the reason that the ACRs were remarked upon by

the Chief Minister after the prescribed time limit was over, which

would be against the mandatory provisions contained in rule 6A

of the Rules of 1970, whereby the accepting authority is

required to record its remarks within one month of the review of

the ACR. The Cabinet Secretary, Government of India, vide his

DO letter dated 21.6.2005 addressed to the Chief Secretary,

Government of Gujarat, had enclosed instructions regarding

completion of the ACRs of All India Service officers, which

contain a time schedule and the downgrading of ACRs is far

beyond the period mentioned in the letter aforesaid, and that

the downgrading of ACRs from outstanding to very good was

done in violation of DOP&T letter dated 19.4.2005, which states

that In any case where an entry is downgraded or upgraded,

the authority downgrading or upgrading the remarks and overall

grading should state, as part of the entry, the reasons for

downgrading or upgrading with adequate justification in

accordance with the instructions on writing of the ACR. There

also have to be specific reasons for downgrading of the ACRs

of the applicant from outstanding to very good. All that has

been mentioned while downgrading the ACRs of the applicant

is that In view of the overall performance of the officer, he may

be graded Very Good. It is the case of the applicant that for

four years his reporting and reviewing authorities were different

and all of them have graded him as outstanding and there were

no reasons at all to downgrade him to very good, and if that

was to be done, there ought to have been reasons for the

same. It is also his case that he has reasons to apprehend that

the Chief Minister had made the remarks on his ACRs for the

four years mentioned above not on 20.12.2007, as informed by

the 1st respondent, but has made the same after he demitted

the office on 24.12.2007, a function which he could not perform

as per rule 6A of the Rules of 1970, vide which he would not be

competent as the accepting authority to accept and countersign

any such confidential report, and where the accepting authority

is a Government servant, after he retires from service, and in

other cases, after he demits office. It is the case of the

applicant that Assembly election results were declared on

23.12.2007. The following day the Chief Minister demitted the

office and the Government led by the same very Chief Minister

was sworn in on 25.12.2007. The Council of Ministers was

formed on 4.1.2008. It is pleaded that the ACRs in question

reasonably seem to have been written after the Chief Minister

had demitted the office. The reasons as to why the applicant

apprehends as mentioned above, have been given by him as

follows:

(a) The ACRs in question were, the applicant believes,

received in the Home Department on or around

30/31.12.2007.

(b) Copies of these ACRs were sent to the Government of

India in January, 2008.

(c) In none of the Annual Confidential Reports the Chief

Minister put a date indicating when he accepted them.

(d) If the Annual Confidential Reports in question were

indeed accepted on 20.12.2007, they would have

certainly been sent to the Home Department, as the latter

had sent several reminders to the Chief Ministers office.

Normally files which have been dealt with, are never kept

pending in the Chief Ministers office, especially when the

tenure of the Government is ending. Well before the

election, the same are returned to the concerned

department. The applicant also finds it odd that

Respondent No.3, had the time or the mindset to accept

ACRs on 20.12.2007 in the atmosphere of general

election and forthcoming results. In any case, the

information and records sought by the applicant vide his

letter dated 5.1.2010 will make the things clear. This

Honble Tribunal may also call for the files and records

from Respondent No.1.

6. From the facts as mentioned above, the applicant pleads

that the same would disclose abuse of power by the 3rd

respondent, assisted by the 1st and 2nd respondents, in the

manner and substance of the disposal of the representation of

the applicant. It is further the case of the applicant that it is

quite obvious that the CM could not have reasonably

remembered the objective facts of his performance during the

last four years when he made his remarks en bloc on his ACRs

in the month of December 2007. The applicant also reasonably

believes that the CM singled him out by sitting on his ACRs

during the entire tenure of the previous Government headed by

him, and that he did so to compel the applicant to accept his

and 2nd respondents dictates, rather than to follow the law as a

senior police officer. The applicant has given details of some

investigations made by him, and it is pleaded that as he was

not conducting investigations in the criminal matters as per the

desires of the respondents, he was victimized. There would be

no need to give details of the instances given by the applicant,

as during the course of arguments Shri I. H. Syed, learned

counsel representing the applicant, states that the applicant

would not press at this stage personal mala fides of the

respondents in downgrading his ACRs, even though he would

press for legal mala fides.

7. Pursuant to notice issued by this Tribunal, the

respondents have entered appearance and filed separate

replies. Initially, the reply came to be filed on behalf of the

respondents in the OA filed by the applicant containing all

reliefs, but after the applicant filed a separate OA calling in

question downgrading of his ACRs, separate replies have been

filed by the respondents.

8. In the reply filed on behalf of the 1st respondent, a

preliminary objection has been raised. It is pleaded that the

applicant has invoked jurisdiction of this Tribunal under the

provisions of the Act of 1985, and that this Tribunal is yet to

adjudicate, inquire into and take a decision as to whether the

Application contains issues fit for either adjudication or trial, and

is yet to admit the same. The Tribunal, it is further pleaded,

would have jurisdiction to summarily reject the Application filed

under the Act, and that the affidavit in reply is being filed

praying for exercise of powers by the Tribunal to summarily

reject this Application. Maintainability of the Application is also

questioned on the ground that the applicant has filed a statutory

memorial before Her Excellency the President of India, and if

the OA is admitted, such proceedings would abate. The

learned Additional Advocate General representing the

respondents would contend that when the applicant has filed a

memorial, on which comments of the State Government has

also been called for, the present OA would not be maintainable,

and it would be premature and, therefore, needs to be

dismissed. There are objections with regard to maintainability

of the OA on the ground of personal mala fides the pleadings

having not been supported by proper affidavit, but inasmuch as

the applicant has not pressed mala fides in seeking the relief,

there would be no need to make any mention of such

averments made in the counter reply. On merits, after

reproducing the grounds pleaded by the applicant in

challenging the downgrading of his ACRs, it is inter alia pleaded

that the main contention of the applicant on interpretation of

statutory rules is with regard to alleged non-compliance with

rule 6A of the Rules of 1970. The time limit mentioned in the

rule, it is stated, is not mandatory, and that the very object and

purpose for which the concept of writing, reviewing and

accepting ACRs is evolved, is to ensure that irrespective of the

cadre, the performance of each officer is evaluated at three

different levels, and that depending upon the remarks made in

the ACRs, an officer can take the satisfaction of his good work

appreciated or can get an opportunity to improve his

performance and can utilize his full potential which is necessary

for efficient governance and administration. It is pleaded that

considering the object and purpose for which the ACRs are

framed, the time limit stipulated not only in rule 6A of the Rules

aforesaid, but the time limit in other rules is more directory than

mandatory in nature. Even though, the term used in the rule is

shall, but the same would not be mandatory as the

consequences of not adhering to the time schedule have not

been provided in the rules. It is pleaded that the expression

shall by the rule making authority exercising the delegated

powers would not, per se, make the provision mandatory,

violation whereof renders the proceedings, actions or orders

passed non est, and that whenever either a competent

legislature or a rule making statutory authority intends to

provide for a mandatory provision, with 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 provides for consequence of non-

compliance of the said provision. The term shall as used in rule

6A, is intended to be understood as a guiding principle and

requires to be read as may, not capable of being given a

mandatory character resulting into a situation where a delay of

one day after thirty days, as stipulated in rule 6A, disentitles the

accepting authority to look into the confidential remarks of the

reporting authority and the reviewing authority. It is pleaded

that it is an experience not only with respect to the State of

Gujarat, but with respect to other State Governments as well as

Central Government also that rule 6A, insofar as the

prescription of time limit is concerned, has been understood,

interpreted, implemented and applied as a directory provision,

and in most of the cases the reporting, reviewing and accepting

authorities have recorded their respective remarks after the

time limit stipulated in the aforesaid rules, and that the delay

which has occasioned in the case of the applicant is neither an

isolated case nor an action of discrimination even as per the

case of the applicant, in view of the fact that along with him, 77

ACRs of other 23 IPS officers were also pending before the

accepting authority, i.e., the 3rd respondent, with respect to

different years, which were decided after the prescribed period

stipulated in the aforesaid provision. As regards demitting of

the office by the Chief Minister on 24.12.2007, it is pleaded that

77 ACRs of 23 IPS officers were received from the office of CM

in the Home Department on 20.12.2007, including that of the

applicant, which fact is contemporaneously recorded in the

official records of the State Government. The remarks of the

accepting authority in the aforesaid ACRs were, therefore,

clearly recorded/made by the 3rd respondent prior to

20.12.2007. The Chief Minister, it is pleaded, after declaration

of the results of the elections to the Legislative Assembly, on

23.12.2007 submitted his resignation on 24.12.2007 and

formed new Government as per the new mandate and took

oath of the office of Chief Minister on 25.12.2007, and,

therefore, it would be factually incorrect to contend that the

remarks of the accepting authority are made after he demitted

the office. A copy of the contemporaneous endorsement made

at the time of receiving the ACRs from the office of the Chief

Minister on 20.12.2007 has been placed on record and marked

as Annexure R-2 to the reply. It is further pleaded that on the

same very day and simultaneously, the office of the 1st

respondent received ACRs of other 22 senior level IPS officers,

and, therefore, the allegations made with reference to the 3rd

respondent having made the remarks under rule 6A of the

Rules of 1970 after demitting the office, are based on mere

surmises and conjectures and would be thus incorrect and false

as per the record of the State Government. It is further pleaded

that even if the case of the applicant is examined hypothetically

accepting it to be true for the sake of argument to the effect that

the Chief Minister gave accepting remarks after he demitted

office, then also the action would not be contrary to rules,

inasmuch as, as per explanation under rule 6A(2) of the Rules

of 1970 he cannot be treated as having demitted the office if he

continues to be a minister in the council of ministers within a

different portfolio or in the council of ministers immediately

reconstituted after the previous council of ministers of which he

was minister with the same or a different portfolio. As regards

the downgrading of the ACRs and there being no reasons

therefor, it is the case of the respondent that it is a question of

law, and there is no statutory or other provision which requires

the accepting authority to record elaborate reasons; what is

statutorily required of the accepting authority is to record its

remarks on the confidential reports; and in case of All India

Service officers holding senior positions, when the

administrative elected head of the State viz. Chief Minister

himself is the accepting authority, he may make his assessment

based upon his personal experience and objective overall

assessment of the concerned officer and may not give

elaborate reasons which may have the potential effect of

demoralizing an officer. Secondly, D.O. letter dated 29.4.2005

is neither a statutory provision, being part of any Act of

competent legislature, nor is a piece of delegated legislation

being part of the Rules. Nonetheless, the said D.O. letter also

merely says that the respective authorities should not merely

write I agree or I disagree. The accepting authority in the

instant case, it is pleaded, has considered the overall

performance of the applicant based upon which the said

authority has recorded its remarks as required under rule 6A(1)

of the Rules of 1970, and, therefore, it would not be correct to

contend that no reasons are assigned. It is then pleaded that

by changing the remarks from outstanding to very good would

not make any difference to the case of the applicant, as for

promotion the benchmark is very good. Receipt of the

representation made by the applicant against the downgrading

of his ACRs is accepted, and in that regard, it is pleaded that

the same was put up before the 1st respondent who put up a

note dated 2.4.2008. After perusing the said note, the Joint

Secretary, GAD, made his observations. The MoS (Home) also

sought further clarification from the GAD (General

Administration Department), the department which deals with

service matters of AIS officers. GAD thereafter clarified the

points vide its note dated 10.2.2008, and ultimately both 2nd

and 3rd respondents, considering the views expressed by the

concerned department, concurred with the view of the GAD. As

per the Gujarat Government Rules of Business, 1990 and

orders of channel of submissions, all matters thereunder

affecting the All India Services and posts have to be put up

before the Chief Minister through GAD, and the representation

of the applicant had to be decided by the Chief Minister as per

the doctrine of necessity. The allegation of personal mala fides

said to be entertained by respondents 2 and 3 have been

denied, but there would be no need to make a mention of the

same.

9. Respondents 2, 3 and 4 have filed separate replies, but

as nothing based thereon has been urged during the course of

arguments, there would be no need to make a reference of the

pleadings made therein.

10. We have heard the learned counsel representing the

parties and with their assistance examined the records of the

case. Even though, it has been pleaded that the Tribunal would

have jurisdiction to summarily reject the Application filed under

the Act of 1985, and the same needs to be summarily rejected,

no arguments in that regard have been raised during the course

of hearing. The preliminary objection as regards maintainability

of the present OA, the same being premature, as the memorial

filed by the applicant, for which provision exists in the Rules, to

the President of India, is yet to be decided, is, however,

seriously pressed. Shri Tushar Mehta, learned Addl. Advocate

General would contend that this Tribunal may dismiss this OA

as the applicant under the statutory rules has availed the

remedy of filing memorial against the downgrading of his ACRs,

which is pending. It is urged that this Tribunal may not

entertain the OA and rather dismiss the same for the applicant

having exhausted the alternative remedy which has not

culminated into any order as yet, and as such the OA would be

premature.

11. We have given our anxious thoughts to the contention

raised by the learned Addl. Advocate General, but find no

substance therein. In view of provisions contained in Section

19 of the Act of 1985, a person aggrieved by any order

pertaining to any matter within the jurisdiction of the Tribunal

may make an application to the Tribunal as to redressal of his

grievances. As per sub-section (4) of Section 19, when the

application is admitted by the Tribunal, all proceedings under

the relevant service rules as to redressal of grievances in

relation to the subject-matter of such application pending

immediately before such admission shall abate, and save as

otherwise directed by the Tribunal, no appeal or representation

in relation to such matter shall thereafter be entertained under

such rules. Even though, technically, the OA may not have

been admitted by specifically so saying, but once the same has

not been summarily rejected and notice has been issued, it

shall be deemed to have been admitted. The Tribunal has

jurisdiction to summarily reject an application after recording its

reasons, in view of sub-section (3) of Section 19. Surely, the

Tribunal has not dismissed the OA summarily and has rather

issued notice, which would be admission of the OA, even

though not so specifically stated. Lengthy arguments have

been heard from both sides. The proceedings initiated or taken

by the applicant under the relevant service rules as to redressal

of his grievances in relation to subject-matter of the present OA,

which would include, memorial to the President as well,

immediately pending before the admission, shall, therefore,

abate in view of provision contained in sub-section (4). No

doubt, the Tribunal could direct disposal of the memorial, but it

is not necessary to do so. Pendency of the memorial would be

of no meaning and consequence, as on admission of the OA,

the same shall abate. In view of provisions contained in

Section 20 of the Act, the Tribunal is not to ordinarily admit an

application unless it is satisfied that the applicant had availed of

all the remedies available to him under the relevant service

rules as to redressal of grievances. There is no bar as such so

as not to entertain an application if the applicant may not have

exhausted the remedy provided to him under service rules as to

redressal of grievances. The word used in the statute is

ordinarily. That apart, the downgrading of the ACRs of the

applicant was done on 24.12.2007. The applicant filed the

memorial on 20.11.2009, which has not been decided till date.

In view of provisions contained in Section 20(2)(b), a person

shall be deemed to have availed all remedies available to him

under the relevant service rules as to redressal of his

grievances, if he has filed an appeal or made a representation

and the same has not been decided for a period of six months.

Indeed, the memorial filed by the applicant has not been

decided for a period of six months and, therefore, he can well

be said to have exhausted all alternative remedies before

approaching this Tribunal by filing the OA. In view of provisions

contained in Section 21, if the applicant was not to prefer the

present OA within a year of expiry of six months from the date

he made the memorial, the same would have been barred by

limitation. The memorial, as mentioned above was preferred by

the applicant on 20.11.2009. The same, as mentioned above,

has not been decided till date. If the applicant was to await the

decision of the memorial and then to file the OA, the

respondents would have raised an objection that the same

would be barred by time. In view of provisions contained in the

Act of 1985, as mentioned above, and in the facts and

circumstances of the case, present OA cannot be dismissed for

the applicant not to have exhausted alternative remedies

available to him, or for the reason that it is premature.

12. Before we may touch upon the core controversy in issue,

we may mention that Shri Mehta, the learned Addl. Advocate

General, urged that the applicant cannot be an aggrieved

person so as to knock at the doors of this Tribunal, as, at the

most, his ACRs have been downgraded from outstanding to

very good, and inasmuch as, there cannot be any embargo for

the applicant in the matter of his further promotion, as even the

very good ACRs would entitle him to any promotion, and,

therefore, he is not adversely affected, the OA needs to be

summarily rejected. The fact that the ACRs of the applicant

have been downgraded from outstanding to very good is not in

dispute. Learned counsel representing the applicant would

dispute the benchmark for promotion as only very good. In that

regard, reference is made to a representation dated 29.7.2009

made by one Vinod K. Mall, Secretary, IPS Association, which

is addressed to the Additional Chief Secretary, Home

Department, Government of Gujarat, wherein it is inter alia

mentioned that by convention, the requirement has now

become to obtain at least three outstanding ACRs for promotion

of IPS officers. On the basis of the representation aforesaid, it

is said that the requirement for promotion of IPS officers is now

to obtain at least three outstanding ACRs, whereas others may

be only very good. We would not like to go into this question

for lack of adequate material before us. However, the

contention of Shri Mehta as noted above, in our considered

view, has no merit. It is indeed true that the first anxiety of

every Government employee is to get promotions in time and

supersession by junior becomes a matter of great heart

burning, the pangs of which may not go for the rest of the life of

the employee. However, promotion is not the only desire of a

Government servant. Since we are dealing with the case of an

IPS officer, we will make a mention of avenues open to them, in

addition to their promotion in the ordinary channel. Before we

may, however, do that, we may mention that in the case of the

applicant himself, the Central Government had informed the

State Government that he was being considered for

appointment at the level of Joint Secretary in the Government

of India. If the applicant was to go to the Centre, he would have

gone on deputation. The state Government wrote a letter to the

applicant on 17.3.2008 informing him that he was being

considered for Central deputation and asked for his willingness.

The applicant intimated to the State Government his willingness

to be appointed at the level of Joint Secretary on 13.4.2008.

The Principal Secretary (Home) endorsed that the applicant

may be considered for Central deputation on 24.4.2008. A

similar endorsement was made by the Chief Secretary when

the file was put up to the MoS(Home) on 30.4.2008. The

applicant was called by the Principal Secretary (Home) and the

then DGP, who, it is the case of the applicant, persuaded him to

decline Central deputation, on 10.6.2008. The applicant,

however, sent a reminder on 16.6.2008 to the State

Government to convey his consent to the Central Government.

It is thereafter that the applicant received a show cause notice

proposing to chargesheet him on 16.6.2008 itself. These facts

we have picked up from OA No.48/2011. We may now proceed

to mention that an IPS officer may be desirous, and in fact and

indeed, the applicant was desirous of going on Central

deputation at Joint Secretary level. That is not the only avenue

open to an IPS officer. He can be deputed to organizations

like, IB, CBI, RAW etc. as well. Number of IPS officers would

desire their deputation in these organizations. Such officers

who may come on deputation to RAW are also considered and

deputed even against some foreign assignments. Those who

come to RAW are even eligible to become First and Second

Secretaries in Indian Missions abroad. There are number of

assignments within and out of the country where an IPS officer

may be eligible and where be may be desirous to go. For

Central deputation, the same benchmark as may be applicable

for promotion, is not the criteria. As per convention in vogue,

we are given to understand that out of ten, nine ACRs have to

be outstanding. Further, it is the comparative merit of a

candidate vying for such posts which becomes the deciding

factor. Surely and definitely, one with the outstanding record

would be preferred over those who may have only very good or

good record. The applicant with downgraded ACRs would not

be preferred over those who may have better record than him,

thus impeding his deputation to these prestigious

institutions/organizations, or to the Centre. An overall

outstanding record would be relevant even after retirement of

an IPS officer. We would not know as to in what Commissions

or Tribunals IPS officers are eligible for appointment during or

after their retirement. What immediately comes to our notice is

that a high ranking IPS officer who may come at the level of

Secretary or Additional Secretary would be eligible to be an

Administrative Member of the Central Administrative Tribunal.

Selection in such Commissions or Tribunals goes by merit by

considering the comparative merits of the candidates and not

by the benchmark of very good as may be required for

promotion in the hierarchy of the posts in the service.

Downward service graph of the applicant would be an

impediment in his way for Central deputation as also deputation

in organizations as mentioned above, as also for foreign

assignments, and for selection on prestigious posts in

Commissions and Tribunals. It cannot, therefore, be said that

the applicant is not aggrieved from downgrading of his ACRs

from outstanding to very good.

13. Downgrading of the ACRs of the applicant for the years

2003-04 to 2007-08 has admittedly been done on the same

day, i.e., 24.12.2007. It is not in dispute that the applicant has

outstanding service credentials. All his ACRs from 1995-96

onwards are outstanding, except only one which is very good,

recorded only by the reporting officer. The said report never

came to be assessed by the reviewing and accepting

authorities as already mentioned above. The ACRs of the

applicant for consecutive four years as mentioned above have

been downgraded on the same day, i.e., 24.12.2007. The main

plea raised in support of the OA is that the accepting authority

as regards the ACRs has necessarily to review and record its

remarks on the confidential report, which may be

accepted/modified, as is considered necessary, and the report

has to be countersigned within one month. Rule 6A(1) of the

Rules of 1970 reads as follows:

6A. Acceptance of the confidential report-

(1) The accepting authority shall within one month of the

review, record his remarks on the confidential report and may

accept it, with such modifications as may be considered

necessary, and countersign the report.

Provided that this requirement may be dispensed with in such

cases as may be specified by the Government, by general or

special order:

Provided further that where the accepting authority has not

seen the performance of any member of the Service for at least

three months during the period for which the confidential report

has been written, it shall not be necessary for the accepting

authority to accept any such report.

NOTE.An entry to this effect shall be made in the confidential

report.

The applicant, in addition to rule 6A of the Rules of 1970, also

places reliance upon a letter dated 21.6.2005 written by the

Cabinet Secretary, Government of India to the Chief Secretary,

Government of Gujarat, accompanied by instructions for

completion of ACRs of All India Service officers. In the letter

aforesaid, it has been mentioned that DOP&T had prescribed a

time schedule for furnishing the ACR forms to the members of

the Service reported upon, completion of self-assessment and

writing of report by the reporting/reviewing and accepting

authorities, vide letter dated 26.5.1988, but the ACRs are

frequently received considerably late. It is mentioned that there

is need for timely completion of ACRs of members of the

Services in order to streamline the process of recording of the

ACRs, and that the existing instructions have suitably been

revised. We would make a mention of the instructions

hereinafter.

14. Whereas, the learned counsel representing the applicant

would contend that the provisions contained in rule 6A of the

Rules of 1970 followed by instructions dated 26.5.1988

conveyed vide letter dated 21.6.2005 are mandatory, Shri

Mehta, the learned Addl. Advocate General representing the

respondents, would contend that even though the word

shallmay have been used in the rule, and the instructions may

also suggest a time limit, the same would be directory.

15. The All India Services (Confidential Rolls) Rules, 1970,

came into being in exercise of the powers conferred by sub-

section (1) of Section 3 of the All India Services Act, 1951.

Member of the Servicemeans a member of an All India Service

as defined in Section 2 of the Act of 1951, in view of rule 2(d) of

the Rules aforesaid. Admittedly, the applicant is a member of

an All India Service as defined in Section 2 of the Act of 1951,

and, therefore, the Rules of 1970 are applicable to him. These

Rules are exclusively as regards maintenance, custody and

recording of confidential reports by different authorities. In view

of provisions contained in rule 5(1), a confidential report

assessing the performances, character, conduct and qualities

of every member of the Service shall be written for each

financial year, or calendar year, as may be specified by the

Central Government ordinarily within two months of the close of

the said year. Proviso to the said sub-rule may not be relevant

as the same deals with such members of the Service whose

confidential reports may not be recorded for the time being.

Even in case of a member of the Service who may relinquish

the charge of the post, his ACR has to be recorded ordinarily

within one month thereafter, as per provisions contained in rule

5(2). In view of rule 5(5), where the authority writing the

confidential report under sub-rule (2) or sub-rule (4) of rule 5,

retires from service, the confidential report shall be written not

later than one month of the date of such retirement. In view of

provisions contained in rule 6, the reviewing authority shall,

within one month of the receipt of the confidential report, record

his remarks on the said report. Sub-rules (1), (2) and (5) of rule

5 and rule 6, are reproduced below:

5. Confidential reports

(1) A confidential report assessing the performances, character,

conduct and qualities of every member of the Service shall be

written for each financial year, or calendar year, as may be

specified by the Government ordinarily (emphasis supplied)

within two months of the close of the said year.

5(2) A confidential report shall also be written when either

the reporting authority or the member of the Service reported

upon relinquishes charge of the post, and, in such a case, it

shall be written at the time of the relinquishment of his charge

of the post or ordinarily (emphasis supplied) within one month

thereafter:

Provided that a confidential report may not be written in such

cases as may be specified by the Central Government, by

general or special order.

5 (5) Where the authority writing the confidential report under

sub-rule (2) or sub-rule (4) of this rule retires from service, the

confidential report shall (emphasis supplied) be written not later

than one month of the date of such retirement.

6. Review of the confidential report

6(1) The reviewing authority shall (emphasis supplied), within

one month of the receipt of the Confidential Report, record his

remarks on the said report.

Provided that this requirement may be dispensed with in such

cases as may be specified by the Government, by general or

special order.

6(2) Where the report is written by the reviewing authority under

sub-rule (4) of rule 5, or where the reviewing authority has not

seen, and the accepting authority has seen, the performance of

a member of the Service for at least three months during the

period for which the confidential report is written, the

confidential report of any such member for any such period

shall be reviewed by the accepting authority, ordinarily

(emphasis supplied) within one month of its being written.

6(3) It shall not be competent for the reviewing authority, or the

accepting authority, as the case may be, to review any such

confidential report unless it has seen the performance of the

member of the Service for at least three months during the

period for which the report has been written, and in every such

case an entry to that effect shall be made in the confidential

report.

6(4) Notwithstanding anything contained in sub-rules (1) and

(2), it shall not be competent for the reviewing authority or the

accepting authority, as the case may be, to review any such

confidential report-

(a) where the authority reviewing the confidential report is a

Government servant, after one month of his retirement from

service, and

(b) in other cases, after one month of date on which he

demits office.

Explanation:For the purpose of this rule, a Minister shall not be

treated as having demitted office if he continues to be a

Minister in the council of Ministers with a different portfolio or in

the Council of Ministers immediately reconstituted after the

previous Council of Ministers of which he was Minister with the

same or a different portfolio.

16. The instructions issued by the Cabinet Secretary vide his

covering letter dated 21.6.2005, which have been sent to all

Chief Secretaries, including Chief Secretary of Government of

Gujarat, prescribe a time schedule for furnishing ACR forms to

the members of the Service reported upon, completion of self-

assessment and writing of report by the reporting/reviewing and

accepting authorities. The revised instructions accompanying

the letter aforesaid clearly stipulate that if an ACR relating to a

financial year is not recorded by 31st December of the following

year, no remarks shall be recorded thereafter, and the member

of the Service will be assessed based on the overall record and

self-assessment of the year concerned, if he had given his self-

assessment in time. Suffice it to say at this stage that a time-

schedule for self-assessment, reporting, reviewing and

acceptance has been specified.

17. From the provisions of rules it would be made out that

there is a clear distinction in the rules as regards the time-

schedule for everything. Different language has been used in

different rules as reproduced above. Whereas, with regard to

some areas, adherence to the time-schedule is ordinarily, as

regards others it is not later than the specified time or have to

be or shall be within the prescribed time. Prima facie it may

appear from reading of different rules that wherever there is

scope for going beyond the stipulated period, the same is

mentioned, and that being so, it would appear that wherever the

words shall or not later than have been used, there would be no

scope to go beyond the stipulated period. However, the

contention raised by Shri Mehta may yet have merit inasmuch

as, there are no consequences provided for not sticking to the

time-schedule mentioned in the rules, and, therefore, use of

words like shall or not later than may not be treated as

mandatory and be treated as directory. We may also accept

the contention of Shri Mehta that the use of words may and

shall to be directory or mandatory, is not conclusive, and in the

context of the facts and circumstances of the case, the word

may may be read as shall and shall may be read as may. In

that regard, Shri Mehta places reliance upon some judicial

precedents, which may need reference.

18. The Honble Supreme Court in Madhya Pradesh State

Electricity Board & another v S. K. Yadav [(2009) 1 SCC (L&S)

353] held that it is well settled principle of law that where a

public authority is required to pass an order in terms of the

statute within a period stipulated therefor, non-compliance

would not vitiate the ultimate order. The facts of the case

reveal that the workman had gone on leave. Para 8(b) of the

standing order required order to be passed as regards grant or

refusal of leave, which was required to be communicated

without delay. Para 8(b) of the standing order reads as follows:

8. (b) An employee who desires to obtain leave of absence

shall apply to the manager or the officer authorized by him. It

shall be duty of the manager or the officer to pass orders

thereon on two days in a week fixed for the purpose; provided

that, if the leave asked for is of an urgent nature i.e.

commences on the date of the application or within three days

thereof, orders for the grant or refusal of leave shall be

communicated without delay.

While dealing with para 8(b) of the standing order, it was

observed that the application filed by the workman was required

to be considered and order thereon should have been passed

within the period specified therein. There were no

consequences provided in the standing order if the order was

not to be passed within the stipulated time, and that being so,

the time stipulated would be only directory and not mandatory.

We may quote the relevant observations made by the Honble

Supreme Court, which read as follows:

19. It is now a well-settled principle of law that where a public

authority is required to pass an order in terms of the statute

within a period stipulated therefor, non-compliance wherewith

would not vitiate the ultimate order, must be held to be directory

in nature and not imperative.

In Dinesh Chandra Pandey v High Court of Madhya Pradesh &

another [(2010) 11 SCC 500], it was held that the use of the

words shall and may not always be decisive; it would depend

upon facts of the case, conjunctive reading of the provision with

other provisions, purpose sought to be achieved and object

behind implementation of the provision. The facts of the case

reveal that it was a case of departmental enquiry, where in view

of rule 14(8) of M.P. Civil Services (Classification, Control and

Appeal) Rules, 1966, a government servant could take the

assistance of any other government servant 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 was to be a legal practitioner. The

expression may, it was held, could not be read as shall. While

dealing with the issue, it was observed as follows:

15. The courts have taken a view that where the expression

shall has been used it would not necessarily mean that it is

mandatory. It will always depend upon the facts of a given

case, the conjunctive reading of the relevant provisions along

with other provisions of the Rules, the purpose sought to be

achieved, and the object behind implementation of such a

provision. This Court in Sarla Goel v Kishan Chand (2009) 7

SCC 658, took the view that where the word may shall be read

as shall would depend upon the intention of the legislature and

it is not to be taken that once the word mayis used, it per se

would be directory. In other words, it is not merely the use of a

particular expression that would render a provision directory or

mandatory. It would have to be interpreted in the light of the

settled principles, and while ensuring that intent of the Rules is

not frustrated.

The Supreme Court while holding so, also took into

consideration its judgment in Malaysian Airlines Systems BHD

(III) v Stic Travels (P) Ltd. [(2001) 1 SCC 509].

19. We have given our thoughtful consideration to the rival

contentions raised by the learned counsel representing the

parties. It appears to us that depending upon the facts and

circumstances of the case, the language of the statute and the

purpose of legislation, whereas, the word may used in the

statute may be mandatory, the use of the word shall may be

directory. Normally, when consequences of non-compliance

are not provided in the statute, the word shallmay not be

interpreted as mandatory. Further, as mentioned above, as

also held by the Honble Supreme Court in Dinesh Chandra

Pandey (supra), as to whether the use of the word shall in the

statute may be directory or not, would depend upon the facts of

a given case, conjunctive reading of the provision with other

provisions, purpose sought to be achieved and the object

behind implementation of the provision. Insofar as, the rules

are concerned, the consequences of not adhering to the time

schedule for reporting, reviewing and accepting the ACRs have

not been provided. In view of the instructions that have,

however, been issued, adverted to above, CR form is to be

given to the officer reported upon by 1st April. The time

schedule for the officer reported upon for completing part-II of

the CR form has been fixed as 30th April, whereas the said

schedule for the reporting officer to complete the CR is 31st

May. The time schedule for the reviewing authority to complete

the CR is within one month of receipt, whereas the same for the

accepting authority is also within one month of its receipt. The

completed ACRs have to reach the cadre controlling authority

by 31st August. If the same are not received, the said authority

would prepare a list of ACRs not received and follow up the

matter with the Secretaries of the concerned Ministers and the

Chief Secretaries of the respective States. Nodal officers have

to be appointed to ensure that the ACRs of the members of

Service, duly completed, are sent to the cadre controlling

authority within the stipulated time, i.e., 31st August every year.

The State Governments are to designate Principal

Secretary/Secretary in charge of Personnel/General

Administration Department as nodal officers. They shall send a

list each of the members of Service whose ACRs are to be

written/reviewed and accepted to the concerned

reporting/reviewing/accepting authorities by 15th April every

year to enable them to ensure completion of ACRs within the

time schedule. Nodal officers have to also ensure that ACRs of

the earlier years, which are presently pending with the

reporting/reviewing/accepting authorities, are completed and

sent to the cadre controlling authorities by 30th June, 2005

positively. This part of the instructions, i.e., pertaining to earlier

ACRs which may not have been completed, would exhaust in

the year 2005, as the instructions came into being in the said

year. Insofar as the ACRs for the years subsequent to 2005

are concerned, the time schedule has been prescribed as

mentioned above. If an ACR relating to a financial year is not

recorded by 31st December of the following year, no remarks

shall be recorded thereafter, and the member of the Service will

be assessed based on the overall record and self-assessment

of the year concerned, if he had given his self-assessment in

time. The reporting officer has to record his comments in the

ACR of the officer reported upon within the stipulated time and

send it to the reviewing officer, and in case the reporting officer

fails to submit the ACR to the reviewing officer within the

stipulated period, the nodal officer shall send a copy of the self-

appraisal direct to the reviewing officer authorizing him to

initiate the ACR, and shall also keep 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. If the

reviewing officer may also fail to submit the ACR to the next

higher authority within the stipulated period, the nodal officer

shall send a copy of the self-appraisal alone or the self-

appraisal along with the assessment of the reporting officer, as

the case may be, to the accepting authority, and will also keep

a note of the failure of the reviewing officer to record his entries

in time for the purpose of recording the same in the ACR of the

reviewing officer. The nodal officer has to evolve a suitable

mechanism to ensure that the remarks of the reporting,

reviewing and accepting authorities are recorded without fail by

the 31st December of the year following the year of

assessment. If an ACR relating to a financial year is not

recorded by 31st December of the following year, no remarks

shall be recorded thereafter, and the member of the Service will

be assessed based on the overall record and self-assessment

of the year concerned, if he had given his self-assessment in

time.

20. Purposes of recording the ACRs are manifold. Surely,

the first and the most important purpose of recording ACRs is to

afford an opportunity to the government servant concerned to

make amends to his remissness if any; to reform himself; to

mend his conduct and to be disciplined, to do hard work, to

bring home the lapses in his integrity and character so that he

corrects himself and improves the efficiency in public service.

The entries, therefore, require an objective assessment of the

work and conduct of a government servant 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

show improvement towards excellence. The confidential report,

therefore, would contain the assessment of the work, devotion

to duty and integrity of the officer concerned. This is the basic

purpose of recording ACRs of an officer. However, the purpose

of adhering to the time-schedule would be different. The main

purpose of making timely assessment of an officer, as appears

to us, would be that if there are some adverse remarks as

regards integrity and efficiency of the officer, he must be

informed of the same in time so that he may start improving

immediately. The other object of recording timely ACRs would

be that if there are some adverse remarks or even the overall

grading is below benchmark as required for promotion, the

officer, if he may be of the view that the same are not justified,

may by representation seek expunction of the adverse remarks

or upgradation of his ACR, as the case may be. If the ACRs

are recorded after years and years, it may not be possible for

the officer to make a meaningful representation, nor for the

concerned authorities, like reporting, reviewing and accepting

authorities, to even remember as to why there were adverse

remarks recorded in the ACR of the officer, or why they had

assessed his overall grading below benchmark. Yet another,

purpose of recording timely ACRs is that the superior officer

may not hold his subordinate to ransom by keeping the

Democles sword hanging over his head for years to come.

There are indeed some unscrupulous officers who may want

their subordinates to dance to their tunes and thus misuse them

for their ulterior motives till such time they record their ACRs.

Cases are not lacking where this has actually happened.

Further, if timely ACRs are not recorded in time or in

reasonable time, it may create administrative chaos; timely

promotions of officers may become a distant dream, thus

thwarting the rightful claim of the employees to go to higher

echelons; DPCs may not be able to function for making

promotions of the officers to higher echelons without knowledge

as to work and performance of the officers; promotions may

come about after years, resulting into non manning of the

promotional posts.

21. In consideration of the Rules of 1970, instructions dated

21.6.2005, as also the purpose of recording timely ACRs, we

are of the considered view that non-recording of the ACRs by

reporting, reviewing and accepting authorities within the time

schedule, as mentioned in the rules, may not be fatal, inasmuch

as the self-assessment of the applicant shall have to be taken

as correct. If, however, the time stipulated for the authorities

mentioned in the instructions may travel beyond 31st December

of the following year, and there be no reasonable explanation

for delaying the matter beyond 31st December, the self-

appraisal of the officer shall have to be accepted. Likewise, if

the reviewing officer may not be able to do the duty enjoined

upon it under the statutory rules and instructions by 31st

December, the ACR recorded by the reporting officer shall have

to be accepted, and so shall be true if the accepting authority

may not do its part of the duty by 31st December of the

following year. The CR form has to be given to the officer

reported upon by 1st April, and he has to complete part-II by

30th April. Whereas, the reporting authority has to complete his

part of duty by 31st May, the reviewing and accepting

authorities have to do their duty within a month from receipt of

the ACR from reporting and reviewing authorities respectively.

If the ACR is recorded by all the authorities within the stipulated

time, one months margin thereafter has been given for receipt

of the ACR by the cadre controlling authority, the stipulated

time being 31st August every year. The instructions clearly

stipulate that if the ACR relating to a financial year is not

recorded by 31st December of the following year, no remarks

shall be recorded thereafter. If for instance, therefore, the ACR

for the year 2006-07, which is required to be sent to the cadre

controlling authority by 31st August, 2007, is not even received

by 31st December, 2007, no remarks are to be recorded

thereafter. The play in time for the upper limit is provided under

instructions itself, and the consequences of the same are also

provided. Despite this, considering the purpose of recording

the ACRs, as mentioned above, one may still say that

consequences of not adhering strictly to the instructions may

not be fatal, but surely and definitely, if there be a delay beyond

31st December of the following year, there has to be cause for

the same, and if there be no reasonable explanation, the

consequences mentioned in the instructions shall have to

follow. If the respondents may be unable to state reasons what

caused the delay in finalizing the ACRs despite the time

stipulated under the instructions, they must come up with

causes of the delay, and such causes have to be made

justiciable.

22. If the stand taken by the learned Addl. Advocate General

is to be accepted, reporting, reviewing and acceptance may be

done at any time, like in the present case, for four years, three

years and two years respectively, then the Rules of 1970 and

instructions issued thereunder shall become nugatory, as if they

do not exist at all. In the present case, no reason other than

that the Chief Minister being a busy person, has been given.

We appreciate that the Chief Minister of a State is indeed a

busy person, but once, statutory duty has been enjoined upon

him, he cannot abdicate it for years to come, and that he is a

busy person would also not be a ground to clothe him with the

power to report an officer at his discretion and will. On facts,

we may only mention that we required the learned Addl.

Advocate General representing the State of Gujarat to state as

to when the applicant was reported upon by the Chief Minister,

whether other officers were also reported by him on the same

day as regards their ACRs for more than a year. The learned

counsel sought adjournment, and in all fairness, stated on the

basis of a chart prepared by him that 21 officers were reported

by the learned Chief Minister on the same day when the

applicant was reported upon, but their ACRs were of the year

concerned, or, at the most, a year earlier. There was no officer

out of the 21 whose ACRs may have been reported upon after

four years. Inasmuch as, the delay in the present case in

reporting upon the applicant is wholly reasonably, downgrading

done by the Chief Minister shall have to be ignored, and the

ACRs of the applicant for the concerned years shall have to be

termed as outstandingas reported both by the reporting and

reviewing authorities.

23. The applicant has yet another grievance. It is his case

that once, downgrading is done, it must contain reasons.

Reference in this connection by the learned counsel

representing the applicant has been made to instructions dated

19.4.2005 issued by DOP&T. These instructions have been

specifically issued under the Rules of 1970 with the caption,

AIS (CR) Rules-1970 Instructions under Rule 8(2) of AIS (CR)

Rules, 1970 regarding adverse remarks. After making a

mention of rules 8, 9 and 10 of the Rules of 1970, and keeping

in view the suggestions and representations received by

DOP&T from members of the Service, the Government took a

decision to lay down the criteria in regard to writing of

confidential reports and communication of adverse remarks

under proviso below rule 8(2). The criteria that may be relevant

for the purpose of deciding the controversy in issue, as

enumerated in clauses (iii) and (iv) of para 2 of the instructions

aforesaid, read as follows:

(iii) In any case where an entry is downgraded or upgraded,

the authority downgrading or upgrading the remark and overall

grading should state, as part of the entry, the reasons for

downgrading or upgrading with adequate justification in

accordance with the instructions on the writing of the ACR.

(iv) Where the authority has upgraded/ downgraded the

overall grading without giving sufficient reasons, the

Government shall treat such an exercise as non-est/invalid.

General terms, such as I agree or disagree with the Reporting

Officer/Reviewing Officerused by the Reviewing/Accepting

Authority shall not be construed as sufficient reason for

upgrading/downgrading the overall grading given by the

Reporting Authority/Reviewing Authority.

These instructions are now being followed even by the DPCs

while evaluating ACRs of the officers for finding that they are fit

or otherwise for promotion. Wherever the reporting and the

reviewing officers may have downgraded ACR of an officer

without describing any reasons, the same are being ignored.

Number of such cases have come before us from time to time,

but we may make a mention of a recent decision recorded by

us in OA No.2833/2009 in the matter of Mrs. Parminder v Union

of India & Others, decided on 8.3.2011. We observed in the

order aforesaid that despite the fact that the reviewing officer in

the case of one Shri Sugar Lal Meena had downgraded him,

but since there were no reasons for doing so, the DPC had

ignored such downgrading and found the officer fit for

promotion, and the ACC accepted the recommendation of the

DPC. We were dealing with the case of Mrs. Parminder, an

Additional Commissioner of Income Tax, in whose case the

DPC had found her fit for promotion to the post of

Commissioner of Income Tax, but the ACC did not accept the

recommendation of the DPC as the DPC had not specifically, in

her case, ignored the below benchmark grading given by the

reviewing officer. We need not mention as to why relief was

given to the applicant as that may not be relevant, but suffice it

may to say that the DPC had not gone by the downgrading

done by the reviewing officer, which was sans any reasons.

24. Downgrading has to contain adequate justification and

when the downgrading is done without giving sufficient reasons,

the Government shall treat such exercise as non est/invalid.

The alleged justification in the present case is that the overall

performance was reviewed by the Chief Minister. The remarks

contained in all four ACRs of the applicant while downgrading

them from outstanding to very good, read as follows:

In view of the overall performance of the officer, he may be

graded Very Good.

This is too general and cannot be called an adequate

justification for downgrading the ACRs of the applicant. If what

the Chief Minister has observed is to be accepted as adequate

justification for downgrading an officer, then in every case, what

has been mentioned with regard to the applicant, would be

mentioned. This general assessment would be against the

instructions as sufficient reasons have to be recorded. Before

we may part with this aspect of the case, we may mention that

Shri Tushar Mehta has cited some judicial precedents in his

endeavour to show that when the grading of an officer may be

very good, the same may not be communicated only because

other officers may have better gradings. We need not refer to

any such judgment because the question that is raised by the

applicant is that downgrading of his ACRs is without reasons

and for that reason as well it needs to be set aside. Learned

counsel representing the applicant has also urged that the

Chief Minister downgraded the ACRs of the applicant after

demitting office, but it appears that inasmuch as, from the

records the respondents have established that the downgrading

was done before the Chief Minister demitted office, and, in any

case, once he again came back as Chief Minister after

Assembly elections, therefore, he could do it after demitting the

office as well, no serious arguments have been raised on this

issue.

25. The applicant, even though has given 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. Legal

malice, as defined in the Blacks Law Dictionary (Fifth Edition,

p.806), would mean, thus:

Such consists of either an express intent to kill or inflict bodily

harm, or of a wickedness of disposition, hardness of heart

(emphasis supplied), cruelty, recklessness of consequences

and a mind regardless of social duty which indicates an

unjustified disregard or for the likelihood of death or great bodily

harm and an extreme indifference to the value of human life

(emphasis supplied).

Arbitraryhas been defined therein (p.96) to mean as follows:

Means in an arbitrarymanner, as fixed or done capriciously or at

pleasure. Without adequate determining principle; not founded

in the nature of things; non-rational; not done or acting

according to reason or judgment; depending on the will alone;

absolutely in power; capriciously; tyrannical; despotic; Corneil v.

Swisher County, Tex.Civ.App., 78 S.W.2d 1072, 1074. Without

fair, solid, and substantial cause; that is, without cause based

upon the law, U.S. v. Lotempio, D.C.N.Y., 58 F.2d 358, 359; not

governed by any fixed rules or standard. Ordinarily, arbitraryis

synonymous with bad faith or failure to exercise honest

judgment and an arbitrary act would be one performed without

adequate determination of principle and one not founded in

nature of things (emphasis supplied). Huey v. Davis, Tex. Civ.

App., 556 S.W. 2d 860, 865.

The delay, of course, which in the present case is massive,

would still not come within the definition of legal maliceas per

Blacks Law Dictionary reproduced above. The same may,

however, come within the definition of arbitrary, as the

accepting authority has to do the exercise as enjoined upon him

statutorily within the stipulated time and not at his pleasure. We

may not delve on this issue any more and would rather leave it

at that, as the applicant would succeed on other grounds raised

by him, mentioned above.

26. For the reasons as mentioned above, downgrading done

by the Chief Minister of the ACRs of the applicant for the years

2003-04 to 2007-08 from outstanding to very good is set aside.

All the ACRs of the applicant, as mentioned above, shall be

treated to have graded the applicant as outstanding, and the

present Original Application would thus be allowed accordingly.

There shall, however, be no order as to costs.

( L. K. Joshi ) ( V. K. Bali )Vice-Chairman (A) Chairman

//TRUE COPY//

ANNEXURE P-3

FIRST INFORMATION OF COGNIZABLE OFFENCEUnder Section 154 of the Criminal Procedure Code given at the

Police Station.

M.Case No. 1/2008 F.I.R. No. 01/2008Sub-district: Rajkot Zone, C.I.D., Crime, RajkotDistrict: Bhuj

Date and Time of Crime: From 19/06/2001 to 05/11/2007

1. Date & time of giving information: On 05/11/2007 Court

of the Hounourable Chief Judicial Magistrate, Bhuj,

Rajkot Police Station 20/02/2008 at 20:00 hours.

2. Place of Offence Direction & distance from the Police

Station: In Bhuj City

3. Date of sending to the Police Station: On 20/02/2008

4. Name & residential Address of the Complainant: Tensi

James, Principal of All India Anti Corruption and Crime

Prevention Council, Gujarat State, Residing at Vikas

Enterprise, Opposite to Kalpataru Apartment, Hospital

Road, Bhuj

5. Name and address of the 1) Earth quake affected

Bhuj persons against whom the Bazaar Navnirman

charges are levied Charitable Trust, Bhuj.

Address: Navi Janthabandi Bazaar, Bhujiya Taleti, Bhuj

Madhapar road, Bhuj.

2) Along with the president of earth quake affected Bhuj

Bazaar Navnirman Charitable Trust, its present as well as

previous Officers, members of executive committee as well as

general members.

3) New and old officers and responsible members of the

Janthabandi Bazaar Construction Committee made by the

members of the above trust very itself for the construction of

shops.

4) The then District Collector, Kutch.

5) All those persons that emerges out during the investigation

of this case.

6. Brief description of the offence Offence Under Section

200,

Along with Sections, muddamal 203, 217, 465, 466, 467, 468

Articles seized if any. 471, 472, 474, 475, 484

and 120(B) of the IPC committed

by the accused of this by planning a conspiracy had made false

certificate and in such certificate had placed seal and

signatures of fake government officers that does not exist at all

case had obtain valuable government land for residential

purpose by governmental assistance for the beneficiaries of

such G-5 categorized commercial properties owners for which

the government had declared the package amounting to Rs.

1,20,000/- for businessmen for obtaining illegal advantage of

the same and in spite of knowing the same the government

officers had by not giving complain in this regard had hidden

the illegal act and thereby have committed offence and etc.

7. Explanation in respect of delay in registering information,

investigation etc. and procedure conducted regarding the

investigation.

8. Disposal of the Muddamal

Sd/- Illegible, Designation, PSO, K.G. MajiparaIn charge D.Police Inspector

Kutch- Bhuj

NOTE: Registered under first Information and signature or thumb

impression shall be taken below it in respect of its correctness

besides upon the same the officer registering the complaints

shall place his signature.

As I was in charge of D. Police Inspector, Kutch-Bhuj

besides, today with regard to the investigation of this case

hearing ahs been fixed in the court of the Honourable Chief

Judicial Magistrate’s Court, Bhuj I have remain present today

and accordingly had met A.P.P. Shri Bhuj and on informing the

A.P.P. that presently the complaint of this case was received

with the D. Police Inspector, Bhuj and the complaint was lodged

with Rajkot Zone Police Station hence, after registering the

office as the investigation of this case was to be carried out by

D. Police Inspector Bhuj etc. information was given to the

A.P.P. accordingly he had informed the Honourable Court

besides, in this regard the Honourable Director General of

Police, Gujarat State had also sent a fax message vide

Outward No. 166/2008 and in this regard also discussion were

held with the A.P.P. and necessary understanding in that

regard has been given to him besides, the order dated

05/11/2007 passed by the Honourable Chief Judicial Magistrate

First Class in this regard to the P.I., C.I.D., Bhuj for carrying out

investigation under the provisions of Sec. Sec. 156-3 fo Cr.P.C.

Order dated 05/11/2007 and all complaints related to this case

were obtained from Mr. Govindbhai, A.S.I., Bhuj Office and

thereafter had returned back to Rajkot Office and taken over

the charge of the investigation of the complaints and thereafter

offence in this case was registered besides, the written

complaint has also been given by the complainant of this case

details thereof are as herein under.

In the aforesaid case the facts of the complaint of me the

complainant are as herein under, it is humbly requested to take

the same for kind consideration.

1) I the complainant is residing in the midst of city of

Bhuj and I am giving honorary services as Secretary of All

Indian Anti Corruption and Crime Preventive Council, Gujarat

State, Kutch Unit and have authority to file the present5

complaint a copy of the writ file before the Honourable High

Court of Gujarat is enclosed herewith it is humbly requested to

take the same for your kind consideration, the registration of my

above mentioned institute is F. 4282 GUJ-4422.

2) One Narendra Mansukhlal Resident of Bhuj had

given a complaint to the me the complainant herein above vide

his letters dated 19/01/2006 and 07/05/2007 that a huge

misappropriation has been adopted by the Bhuj Bazaar

Navnirman Charitable Trust and the area that have been

declared as prohibited areas by the Army officers in that area

even without obtaining N.O.C. from the army officials

construction of Bazaar has been carried out and by violating the

conditions imposed in the order of the Honourable Collector a

huge misappropriation ahs been adopted but in this whole

chapter fraudulent pertaining to valuable land of the

government, government funds and government subsidy of

crores of rupees has been carried stated to have been carried

out.

3) In this regard, I the complainant has obtained

information from the Collector Officer under the Right to

Information Act and according to this information, a person

whose business-profession ahs been completely destroyed in

earthquake in i.e., a person who ahs been categorized under

G-5 category shall only be given benefit of such scheme and in

this regard the government ahs also passed a resolution and

the category of the loss and damage has been prescribed by

the General Administration Department of the Government of

Gujarat in its book of September, 2001 copy of the same is

enclosed herewith, it is humbly requested to take the same for

kind consideration.

Besides as per the above mentioned facts and details, a

fitness for availing benefit of this scheme was only for those

who have been categorized under G-5 category of earth quake

hit persons and except them any one was not entitled to avail

benefit of this scheme in any way.

Further, the certificates pertaining to the damaged and

destroyed commercial properties under G-5 category were

produced by the trust before the Collector and after due

verification of these certificates produced before the Additional

Collector only and according to condition No. 5 and 8 the

collector was compulsory suppose to issue certificate to the

beneficiaries of the same and thereafter only the beneficiaries

were supposed to be fit to posses a qualification for certified

member and this responsibility was to be performed only by the

then Prevailing District Collector in his capacity of being

competent authority but he has failed in doing so.

Besides, land admeasuring Acre 16 out fo land bearing

Survey No. 363 wherein the construction work of the shops

have been done was under the prohibited area as declared by

the army the above place (Bhujiya Dungar) was reserved as

prohibited by the army for storing its arms and ammunitions

hence, before starting the construction work N.O.C. was require

to be obtained from army authorities by the trust, but till date

any N.O.C. has not been obtained by the trust from the army

authorities, such kind of crystal clear conditions have been

imposed by the Revenue department, Government of Gujarat in

its order dated 03/09/2009 wherein it has been clearly

mentioned regarding obtaining of N.O.C and in letter dated

06/03/2009 of the then Collector addressed to the trust that

without obtaining N.O.C form the military authorities any kind of

construction cannot be carried out and in spite of the same

without following such important procedures the Construction

committee of the Bhuj Jaththabandi trust has done construction

work about 400 shops and has started the market thereof.

4) Over and above the details as mentioned herein

above, we have also come to know during our investigation that

in this regard on 02/08/2002 the District Collector had after the

certificates of the beneficiaries being checked out for the

purpose of construction of Jaththabandhi Market regard called

for a special report from Deputy Collector (Earth Quake) Bhuj

and with regard to that report on 10/10/2006 under the

confidential letter of the Deputy Collector Bhuj had submitted a

detailed report to the Collector, Bhuj and in that it was

mentioned that below mentioned offence has been committed.

In that report list of total 401 names has been examined

and in that condition of case wise remarks and defect was

mentioned in detailed in that out of all the cases in 22 cases

residential houses have been handed over. The letters that

have been written upon the letter pad of the earthquake

affected Navnirma Charitable trust addressed to the Collector

are all related to the earth quake affected but in all the them

dates have not been mentioned and any signature of any

authorized office is also not found in the same. Besides, during

the month of April, 2006 with regard to the same question

necessary registers were handed over to the Collector and

during that time as the aforesaid registers were frequently

required by this office (Deputy Collector, earthquake Bhuj) the

staff had visited the collector office and at that time it was

experienced that the registers were utilized by the non

government officials and persons over and above the

government staff, these persons could possibly be

direct/indirect legal/illegal beneficiaries of Navnirman Charitable

Trust. Besides, out of the above cases in some of the case it

was found that some of the beneficiaries were other than those

of G-5 category.

Thus, in this way as per the details mentioned therein

above, it was informed by the Deputy Collector (Earthquake)

Bhuj through his confidential letter that a huge misappropriate is

being played. I have obtained copies of this letter of the

Collector as well as the confidential letter of the Deputy

Collector along with the copy of the statement enclosed with it

legally under the right to information act and the same is hereby

produced along with its relevant supportive evidences vide list.

Thus, as mentioned herein above the Deputy Collector

had crystal clear informed the Collector vide his confidential

letter dated 10/10/2006 that a huge misappropriation is being

played and in spite of the same in spite of the collector being

very well versed that the criminal offence has been committed

and in spite of it being his foremost duty to take 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

known to him he ahs tried to hide the whole chapter and

thereby has helped the accused in committed offence against

the government.

5) In the aforesaid case I the complainant institute

has obtained the certificates produced by the beneficiaries the

Jaththabandhi Bazaar of the Bhuj Bazaar Navnirman Charitable

trust and the other documentary evidence under the right to

information act and looking tot eh same in this case any

beneficiary has not been certified by the collector, Bhuj- Kutch

and out of the conditions of the construction of the market it

was one of the first and foremost condition that, the certificate

should only be issued by the Collector very itself, but hi this

whole case any thing like that has not happened. The

certificates that have 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

have been mentioned under the certificate such designations

does not exists at all in such departments and in past also any

such kind of designations were not existing at all and thus, in

this way by mentioning totally fake and implanted designations

by impaling false members and offices of the Navnirman

Charitable Trust by false beneficiaries being involved with the

government officials valuable government land have been

illegally obtained.

During the investigation carried out by me the

complainant institute it has also come to know that not only this

but, the signatures placed in these fake certificates it has been

found that one signature has been scanned and thereafter

properly arranging it on the papers its prints have been taken

out.

Further in this whole chapter, the Deputy Collector, Bhuj

City has vive his letter dated 27/07/2006 addressed to the

collector, Bhus-Kutch clearly informed him that, “the

Jaththabandhi bazaar being constructed in government land

admeasuring 17 acres of land bearing Survey No. 363 made by

the officers of the Earth Quake affected Bhuj Bazaar Navnirman

Charitable trust was illegal, bogus and attempt has been make

to transfer the shops in the names of fake 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 over the government land such malicious

intention on their part shall be restricted” in spite of such

information being given and the collector having all authorities

to take legal steps in this regard in this whole chapter the

collector has remain dormant spectator, such an act on his part

is intentional hence, the same is an offence.

Over and above this, during the investigation carried out

by me the complainant institute, the list of the beneficiaries

taking benefit of this jaththabandhi market along with the list

with the confidential letter dated 10/10/2006 has been obtained

by me the complainant from the deputy Collector under the right

to information act the same is produced with a separate list.

The persons who are included in that list and accused amongst

the beneficiaries of the charitable trust are

Sr.No.

Report No.

Name of the Firm Category

1 114 Gayatri Trading Co. G-5

2 127 Vinodchandra Mohanlal G-5

3 136 Th. Chhaganlal Madhavji G-5

4 141 Harsha Traders G-5

5 154 Savan Trading Co. G-5

6 246 Nitinkumar &Co. G-5

7 249 Atul Trading Co. G-5

8 277 Shah Ravilal Hathibhai G-5

9 284 Th. Chaganlal Madhavji & Sons G-5

10 295 Jitendera Maganlal Sheth G-5

11 298 Kantilal L. Gaur G-5

The certificates with respect to the above 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 believed to be beneficiaries and this institute

does not have any complaint against them.

6) Names mentioned over and above the above

names are the offices and members of the earth quake affected

Bhjuj Bazaar Navnirman Charitable trust are fake beneficiaries

and by making false representations they have entered the

valuable government land situated in the area prohibited by the

army, besides, the affirmations and affidavits produced by them

are also misleading and this whole scandal ahs been raised

and implanted by the members and officers of the earth quake

affected Bhuj Bazaar Navnirman Charitable trust and in this

whole chapter misuse of government fund and subsidy of

crores of rupees of government has been shaped up.

7) On us coming up to know in this regard, we had informed the

head of police department vide our letter dated 30/05/2007 and

had informed him that as an offence is being committed

complaint shall be lodged by them but the District

Superintendent of Police had handed over the investigation of

our letter along with the documentary evidences enclosed

therewith to the Economy Cell and this Economy Cell had also

examined the evidences and has also found that in this case

prima facie an offence has been committed.

Further with reference to my letter the Economic cell had

carried out a detailed investigation and had submitted detailed

report to the Police Office, the P.S.I. of the Economic Cell who

had carried out the whole investigation in this regard as such

Shri S.J. Chudasama had informed us vide his letter dated

25/07/2007 that, in this case it seems at the end of the

investigation that in the report false certificates have been

issued and false signatures have also been placed hence,

further proceedings are liable to be carried out by his office or

by the Collector office and if his office will 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 with a separate list it is humbly request to

take the same for kind consideration.

8) In this case as the then Collector is an accused, the police,

Collector and Deputy Collector etc. are not filing any complaint

agsint him as he is under government administration and are

also making excuses to file the complain hence, in this case the

damage has been directly caused to the government, and

because we the complainant institute are working for prevention

of crime and corruption this present complaint has been

produced herewith.

9) In this case necessary court fees stamp has been produced

on the complaint.

10) The Honourable court has the appropriate jurisdiction to

take the cognizance of the offence in this case.

11) It is therefore humbly requested that,

The accused of this case have being falsely and illegally

involved with each other with the help of each other had formed

a conspiracy and as a part thereof had implant fake

documentary evidences for valuable government land and had

obtained the same at a nominal price; inspite of the accused

not having fitness for being beneficiary as prescribed by the

government funds and for that had placed seals of the

government officers that does not have any existence at all

besides, in order to obtain advantage illegally had raised earth

quake affected Bhuj Navnirman Charitable Trust and had

produced false certificates before the government besides, by

producing false affidavits, affirmations and on the basis of the

misrepresentations before the government had obtained

subsidy from the government for obtaining the valuable

government land on nominal prices from the government and

thereby have illegally grabbed the government land. By

violating the terms and conditions places by the government for

obtaining such land the name of the accused no. 1 institute by

the accused no. 2 had for his personal interest and use utilized

the government funds and subsidy and all the members and

officers of the accused no. 2 under the name of accused no. 1

institute had by misusing crores of rupees of government,

according to circular dated 19/06/2001 of the Industries

department of the government, the businessmen whose

business place has been destructed during the earth quake and

is possessing certificate for damage under the G-5 category

such beneficiaries businessmen shall be given direct financial

assistance of Rs. 1,20,000/- through the District Industry center

and the same have been obtained by doing such kind of forgery

and act on the part of the accused no. 1 and accused no. 2

being illegal any kind of legal complaint have not been filed

against them or any legal steps have also not been taken

against them on the contrary the accused no. 4 had provided

them help, besides, there are very high possibilities that during

the investigation involvement of the other accused can also

emerged out hence, against all the above mentioned accused it

is our humble request to carry out investigation and file

complaint against the provisions of Sec. 200, 203, 217, 465,

466, 467, 468, 471, 472, 474, 475, 484 and 120-B of the Indian

Penal Code and to impose punishment upon them setting an

example in the society.

Date: Place: Bhuj-Kutch Sd/- illegible

Principal SecretaryAll India Anti Corruption & Crime

Prevention Council, Gujarat StateKutch Unit

IDENTIFIED BY MESd/- illegible

AdvocateDt: 20/02/2008

COPY FORWARDED WITH COMPLIMENTS TO

The Honourable Chief Judicial Magistrate, Court, Kutch-Bhuj

Sd/- illegibleD.Police Inspector,

Kutch- Bhuj

ANNEXURE P-4

FIRST INFORMATION REPORT OF COGNIZABLE OFFENCE(Under Section 154 of the code of criminal procedure)

Received dt. 01-04-2010 at 12-05 PM.

Sd/-Special JudgeKachchh-Bhuj

District Bhuj Po. Station CID Crime, Rajkot zone Po.Sta.

Year 2010

First Information No. 3/10Date 31-3-10

2 Act Sections

(1) Prevention of corruption sections

Sections 7,11,13(1) (b) and 13(2)

(2) Act 1988 sd/-Special JudgeKachchh-Bhuj

(3) Other Acts and Sections

(A) Date and time of commission of an offence

From dt. 2004 to 2009From hrs. to hrs.

(B) Offence declared (in Po.Sta.) Date 31-3-2010 Time 21-00 hrs.

(C) Stations Diary Entry(Registration No. 2010 Time 21-00 hrs.

(4) How the information was received

written

(5) Scien of offence (A) Distance and direction of scene of offence from Po.Sta

At a distance of 260 K.M. on North Bhuj Custom Collector office Bhuj (Kachchh) unit

Name of Beat No/O.P./Choaky

(B) Address

(C) Name of that Po.Sta. if offence is out of the Po.sta areaDistrcit?City

State

(6) Complainant/informant

(A) Name Shri V.M. Gohil, D.P.I. Jamnagar for Governemnt Investigation Cell, CID Crime

(B) Father’s/Husbands Name

C) Date of Birth/Year (D) Nationality

(E) Passport No..............Date of Please/address of office issuing passport...

(F) Occupation D.Po.Insp.

(G) Address CID Crime, Jamnagar, Investigatin Unit.

(7) Names, addresses full details of accused (Information with all details of identified/ suspect/unidentified accused)

1. Pradipkumar Narenkarnath Sharma2.

3.

(8) Reason of late receipt of information

Fact of crime was declared during investigation of Rajkot Zone M Case No. 1/08.

(9) If that is committed, description of the property stolen

(10) Total value of property stolen

(11) Accidental death No. (if any)

FIR page No. 2 of Rajkot Zone Po.sta. C.R.No. 29 2/10 u/s 7,

11, 13 (1)B, 13(2) of the prevention of corruption Act.

30Page No. 3

12. Details of First Information Dt. 31-3-2010

I, V.M. Gohil, Detective Police Inspector, CID Crime, Jamnagar,

Investigation Cell, Jamnagar.

The fact of my complaint for the government is such as in my

area of operation I ahve to do work relating to CID Crime within

the limits of the whole of District Jamnagar. Besides that the

head office of the CID crime is situated at Gandhinagar, the

work is to be carriedout as per legal orders that may be given

by high officials.

I have been making investigation of CID Crime Zone, Rajkot

Zone Police Station M Case No. 1/08 u/s 200, 203, 217, 465,

466, 467, 471, 468, 484, 406, 409, 120-B of I.P.C. and sections

7,11,13 of the prevention of corruption Act.

Shri A.H.Jadeja, D.Po.I, Bhuj, Investigation Cell was

investigation the said case previously, on his transfer to

investigation cell, additional charge of Bhuj was entrusted to

me, meanwhile, on 19/8/09, I had taken over the said

investigation from Shri A.H.Jadeja, meanwhile on 12-11-09

appointment of Shri N.C. Chauhan, D.Po. Ins. made was in

Investigation cell, Bhuj, but I am conversant with the said

investigation, therefore, it was ordered under the Additional

Director Generla of Police CID, Crime, and Railways Guj. State,

Gandhinagar to maintain this investigation.

Out of accused in the said case, Shri Pradipkumar Nirankarnath

Sharma, accused, who was performing duty a district collector

and District Magistrate, Bhuj when the offence took place. The

Government had granted land under Resolution dated 3-9-01 to

Nav Nirman Charitable Trust, Bhuj, for constructing wholesale

market, in which the government had made conditions, he and

other accused gathered together, in collusion with the President

and other trustees of the said Trust made scheme to violate

conditions and to grab government land and as per scheme, to

grab the Government land and to mark available illegal benefit

to this Trust, made phasewise illegal orders and took actions in

its interest, took actions against the interest of the Government,

allegations are of cheating.

During investigation of crime, evidence of such fact is found

that Shri Pradip Sharma was performing duty as a District

Collector and District Magistrate, Bhuj (Kachchh) in the year

2004 and 2005 and in this way he was a public servant, he was

taking care of charge of Administrative Officer of the whole of

Kachchh district and in this way, the geographical area of the

whole of Kachchh district was under his area of operation.

During the duty wellspun company which is situated in Varsha

Medi Village, Taluka Anjar, Dist. Kachchh, Bhuj, Shri Pradip

Sharma secured our mobile SIM card No. 99251 99799 from

Shri Asim Niranjanbhai Chakravati, Director, without making

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. 2,24,036/- by the wellspun

company and it is established that as a public servant he has

committed an offence of criminal misconduct. In that way in the

year 2005, Ratan Enterprise which is situated in Gandhidham

and it is a transport company procured mobile SIM card from

Shri Ranjitsinh Lakhtavarsinh Bhat, mobile SIM card Number

98240 01729 without making payment of consideration of any

kind or price, misusing his official position, used for his personal

work bill the year 2009, get paid the money of bill of utilization

amounting to Rs. 46, 554/- by Ratan Enterprise under his

jurisdiction, It is established that he has committed an offence

of serious criminal misconduct.

sd/- Signature of Po.Sta. Officer

//TRUE TYPED COPY//

ANNEXURE P-5

FIRST INFORMATION REPORT OF COGNIZABLE OFFENCE(Under section 154 of the code of criminal procedure)

1. Distrcit: Bhuj Po.Sta. CID Crime, Rajkot Zone, Rajkot Year

2010

First Information No. 9/10 at 25-9-10.

2. Act Section

1) I.P.C. Sections 217, 409, 465, 467, 468, 471, 120B,

2)

3)

4)

3. A) Date and time of commission of an offence

: from date to dt. 3-3-2004 from December 2004

to

B) Offence declared (in Po.sta.) date 24-9-2010 time :

23.00

C) Station Diary Entry (Registration) No......... Time

23.05

4. How the information was received written or oral.

5. Scene of offence. Distance and direction of scene of

offence Moje Varsamedi, Village Anjar and the office of the

District Collector, Bhuj. Name Beat number/O.P./chawky.

B) Address: Bhuj

C) Name of that Po.Sta.of Offence is out of that

Po.Sta. area. Disrcit, City State.

6. Complainant, informant:

A) Name: Smt. Parikshita V. Rathod, Deputy

Superintendent of Police, Gandhinagar Zone.

B) Name of father, husband: Vijaykumar Devantbhai

Rathod

C) Date of birth: year 22-2-19

D) Nationality: Indian

E) Passport No. Date of issue of passport.

Place/address of office issuing passport

Ahmedabad

F) Occupation: Deputy Superintendent of Police,

Gandhinagar

G) Address:

7. Full details of name, address of the accused.

(Information with all details of identified/suspect/

unidentified)

1) Pradipkumar Nirankarnath, I.A.S. the then Collector,

Bhuj,

2) The Then Town Planner, Bhuj.

8) Reason of giving the information late.

9) If theft is committed, full description of the property

stolen.

10) Total value of the stolen property

11) Accidental death number (if any)

12) Details of First Information

Date 25-9-2010

I, Smt. Parikshita V. Rathod, Deputy Superintendent of Police,

D. Crime, Gandhinagar zone, age: 41 years residing at D/27

Government Colony, Vastrapur, Gurukul.

My complaint for government is this that I have been

discharging duty as a Deputy Superintendent of Police, C.I.D.

Crime Branch, Gandhinagar since 26-2-2008. In my area of

operation of Gandhinagar zone there are investigation cells

C.I.D. crime of Mahesana, Patan, Palanpur and Sabarkantha.

Districts. I have to exercise supervision of these cells. Besides

this, I have to make investigation of crimes that may be

entrusted to me by the D.G.P., C.I.D. crime and Railways,

Gujarat State, Gandhinagar and the preliminary inquiry and

also includes legal functions that may be entrusted as per order

of the superior officer.

On the basis of the Home Department order no.

V.1/PRCH/102010/16 dated 16-8-10 the hon’ble D..P., CID

crime had entrusted preliminary inquiry to me on 4-9-2010. The

inquiry report thereof was sent to the Deputy Director General

of Police Cr. 2 CID crime under this office letter No.

Ga/zone/Ja-No.719/10 dated 23-9-2010. On the strength of that

the ADGP, Crime has, under his letter No. TRB/PT 13-10-749

dated 25-9-10, authorised me to tile complaint.

Shri Pradipkumar Nirankarnath Sharma, I.A.S. was performing

duty as the Collector and District Magistrate, Bhuj from 2-5-03

to 3-7-2006 and during the tenure of his duty applications were

made by 1) M/.s Welspun India Ltd., 2) M/s. Welspun Power

and Steel Ltd.,. M/s. Welspun Gujarat Style Rohran Co.Ltd., for

establishment of their textile industry at Varsamedi village of

Taluka Anjar, District Bhuj for allotment of lands of survey Nos.

890, 652, 692, 665, 667, 670, 671, 668, 680, 684, etc. for

industrial purpose. In pursuance thereof meetings of the Bhuj

District Land Valuation Committee was held on dt. 19-5-2003,

dt. 20-7-2003, dt. 10-8-2004, dt. 10-8-2004, 1-10-2004 and 21-

12-2004 under the chairmanship of Shri Sharma, Collector. As

members of that committee the Distrcit Development Officer,

Bhuj, the Town Planning Officr, Bhuj and a member secretary

the Resident Deputy Collector, Bhuj remained present of that

on the agenda sr. no. 54 of the Distrcit Valuation Committee

held on 20-7-04, the land admeasuring 20,234 sq. mtrs. of

s.No.890 of Varsamedi village of Taluka Anjar, was allotted to

Welspun India Co. Ltd. Thus, only one application of Welspun

India Co.Ltd. was included in the agenda dated 20-7-04 after

determing price, were as on inspecting the orders of allotment

of made by the office of the Collector, Bhuj for alloting lands at

at Varsamedi village of Taluka Anjar, for industrial purpose to

M/s. Welspun India Co.Ltd. and M/s. Welspun Power and Steel

Ltd. and Welspun Style and Rohran Ltd. It is found that total 9

orders were made in the meeting of the District Land Valuation

Committee dated 30-7-2004, which are of 20234 sq. mtr. out of

survey no. 890, 2) 20234 sq, mtrs. out of s. No. 890 4) 234

sq. mtrs. out of s. No. 880 5) 12141 sq. mtrs. out of s. No. 652

6) 20234 sq. mtrs. of land out of s. No. 692 respectively. Thus,

approval was accorded to the application in the agenda

(minitues) of the District Land Valuation Committee held on 20-

7-04, whereas, in total order of land allotted to various branches

of Welspun company for industrial purpose there was mention

of the District Land Valuation Committee, in order to obviate

that discrepancy, on seeing the agenda file of the meeting of

the District Land Valuation Committee held on 20-7-2004,

which is prepared by the Town Planner. On ante page of serial

number 53, only one application of Welspun India Company

Ltd. for total 20234 sq. mtrs. of land of s.no. 890 of Varsamedi

is included, wereas on overleaf on serial no. 53, total; 2

applications of 20234 sq. mtrs. of s.no. 890 of village

Varsamedi are included and proposal of Rs. 15/- is sanctioned

by the Collector. In fact, in point No. 1(B) of the Government

Resolution, Revenue Department, No. JMN-392009/kth/M

dated 6-6-2003, Sachivalaya, Gandhinagar, limit of 2 hectares,

15 lakh is prescribed for the Collector for allotment for industrial

purpose. 2 heactares means 20000 sq. mtrs. According to the

provision of the abovesaid resolution as the allotment of land

more than two hectores is beyound the powers of the Collector,

he should send proposal to the Government for determining its

price, instead, he determined the price of Rs. 15/- per sq. mtr.

in the District Land Valuation Committee and made allotment

orders of land at district level. On the basis of the statement of

Shri Kodarbhai Shanabhai Prajapati, Section Officer, Revenue

Department it has become clear that where one applicant had

made application, after process of the price etc. of land final

orders of allotment of land to him are made, and meanwhile,

when the same applicant makes demand for any land for new

additional land for the same purpose, action has to be taken

connecting both the matters. And on doing so, the case in

which the are of land exceeds 2 hectors (20000 sq. mtrs) as

well as the price of the land exceeds Rs. 15 lakh, in such case

also, the Collector has to send the proposal to the government

and when the government takes the decision of allotment of

that land government has to allot that land. First, in the agenda

of the District Land Valuation Committee held on 20-7-2004

disposed of one application of allotment of land admeasuring

20234 bearing s.no. 890, whereas in the agenda fild of the

Deputy Twon Planner on sr. no. 53, he, has determind price of

Rs. 15/- per sq. mtr. in total 4 applications of 20234 sq.mtrs. of

s.no. 89 and accorded approval to allotment of land. In fact, all

the four applications are beyound his powers, it was necessary

for him to send for sanction of the government. If this

applications had been send to the government, because of

proper fixation of price by the government, government would

not have suffered economic loss. Therefore, in the agenda file

of the Town dated 20-7-2004, disposing total 4 applications

each of 2034 sq. mtrs. showing only one applicationof 20234

sq. mtrs. of s.no. 890 in minutes of the District Land Valuation

Committee, criminal intention of the Collector to help illegally to

Welspun Company becomes clear.

Moreover, out of 12 orders, made by him for allotment of lands

to Welspun Company, orders at sr. no.s 5 to 8 are shown in the

District Land Valuation Committee dated 20-7-2004 and the

procedure of payment of the amount prescribed is stated on the

basis of letter dated 21-9-2004 by the company for that In fact,

in the agenda of the District Land Valuation Committee dated 1-

10-04, prices of applications of abovesaid serial numbers 5 to 8

have been fixed. Thereupon, instead of initiating process to be

carried out with regard to payment after 1-10-2004 by the

company, initiated from 21-9-2004, made bogus documents,

showed mollified intention of giving economic benefit to

Welspun company.

The District Collector had made proposal to the government on

13-8-2004 on the basis no. Land/51/udyog/ws/1400/04 on total

12 applications of Welspun company for getting total 242808

sq. mtrs. of s.no. 890, but showing information regarding the

orders of land sanctioned in 1) sr. No. 1222/04 dated 10-8-04,

2) 1223/04 dated 13-8-04 respectively 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 Welspun

company on 13-8-04, not bringing to the notice of the

government he has indulged in criminal act. In the proposal

sent to the government, the government had fixed price of land

at Rs. 78 per sq. mtr. on the basis of Govt. Resolution Revenue

Department No. JMN/Ihdustries/56040/837/M dated 6-8-05.

Shri Pradipkumar Sharma, the then Collector, Bhuj had

misused his office during his duty made orders of allotment of

lands of different numbers shown in the statement produced by

Mahendrasinh Fatesinh Sodha, Officer of Welspun company in

the case of preliminary inquiry, which were beyound the limits of

his powers, however, going against the policy and rules, in total

11 cases, not sending proposal to the government which was

required to be sent and without taking sanction of the

government, gave to the private company, calculating price of

Rs. 15/- instead of Rs. 78/- per sq. mtrs. causing monetary loss

approximately of total Rs. 1,04,61,622/- stamp duty of Rs.

15,69,240/- in all Rs. 1,20,30,842/- and intentionally committed

criminal breach of trust.

In order to make economic gain available to Welspun company,

Pradip Sharma, Collector, had secured mobile card No. 99257

99799 in 2004 from the company without paying any

consideration, used for his personal work got the bill of total Rs.

224036 upto 2009 paid by the company, misused his poer and

secured economic gain. As regards this crime is registered with

Rajkot zone police station I.C.R. No. 9/10 under sections 7, 11,

13(1)(B), 13(2) of the prevention of corruption Act. His intention

hereby becomes clear to provide monetary benefit to the

company securing economic gain from the Welspun company.

Thus, the Welspun company had to pay more money to the

government as per law, Pradipkumar Sharma, Collector, saved

the company and in collusion with the then Town Planner, Bhuj

and the government officer (employee) hatched criminal

conspiracy, made bogus documents for company beyound his

powers, caused loss of about Rs. 1,20,30,842 to the

government, committed criminal breach of trust in respect of

property entrusted to him by the government, my complaint is to

conduct inquiry against him as per law u/s 267, 409, 465, 468,

471, 120-B of I.P.C.

My witnesses are Prajapati, Sodha who were examined in the

aforesaid inquiry and that may be found during investigation.

This is the fact of my complaint.

sd/-illegible

Parikshita V. Rathod

Before mesd/- Parikshita V. RathodDeputy Superintendent of Police,C.I.D. Crime, Gandhiangar,Gandhinagar.

Copy forwarded toThe hon’ble Judicial Magistrate,Bhuj Court, Bhuj

sd/- H.P. AgravatDy. Suptd. of Police,

C.I.D., Crime,Rajkot Zone,

Rajkot

13) Details of process after the crime is registered

A) Registered crime and investigation commenced.

B) Investigation entrusted to H.P.Agravat, designation “B”

No. Dy. Suptd. of Police.

C) Reasons of non-investigation of crime.

D) Name of Po.Sta. to which investigation of crime is

transferred

District City

on reading over the complaint of the complainant, having

understood signed and received copy free of charge.

Signature/thumb impression of the sd/- illegible complainant.

14) Signature/thumb impression of informant

sd/- illegibleSignature of Po.Sta. Official

Name: H.P. AgravatDesignation: Dy. Suptd. of Police,

C.I.D. Crime,Rajkot

15) Date of the respective honourable court:

dated 25-9-10 time 23.00 hrs.

Jawak No. 579/2010

Office of the Dy. Suptd. of Police, C.I.D. Crime, Rajkot zone,

Dt. 25-9-2010

//TRUE TYPED COPY//

ANNEXURE P-6

From:Pradip N. Sharma,Plot No. 465/A-2,Sector – 1,Gandhinagar – 15.

Date 11-12-2010.ToShri K. P. Gajipara,Deputy Superintendent of Police andInvestigation Officer C.I.D. Crime,Rajkot.

Sub: Inclusion of Shri Narendra Modi, Chief Minister, Gujarat State,

also as an accused in the crime as per C.I.D. Crime Rajkot

Zone-I Cr. No.9/10 u/s 217, 409, 465, 467, 468, 471, 120-B of

IPC.

I have come to know from reliable sources that the crime shown

in the above subject is registered against me.

This crime is registered against me with false facts and malice.

The explanation of that is as under:

1) This crime is registered against me by malice for simple and

straight procedure of the Revenue Department.

2) Generally, for alleged malpractices relating to the Revenue

Department, on getting preliminary inquiry through any officer of

the Revenue Department, Mamlatdar or the Deputy Collector of

this department, if criminal fact is found for getting criminal

proceeding initiated, the preliminary inquiry officer of the

Revenue Department gets complaint filed. In this case.

Parikshita Rathod of CID Crime has given complaint, which is

an action contrary to rule.

3) As per F.I.R. admission of Parikshita Rathod this offence has

taken place in Kachchh district, however, preliminary inquiry

was entrusted for the offence occurred outside of her area of

operation. And she has raised the question that the work of

getting F.I.R. registered was entrusted to her and she has

expressed suspicion as to whether offence has taken place in

this case or not?

4) Parikshita Rathod says that such type of inquiry regarding

revenue procedure is completed within a short duration of

5(five) weeks, which manifests unnecessary haste and malice.

5) As directed mandatorily in Sr.No.5 of Appendix-B of chapter-1

of the CID crime manual it is inevitable to take statement of the

accused. In this case, my statement is not recorded. And efforts

are not made to know true facts and false F.I.R. is registered.

6) There is an allegation in F.I.R. that I had got made applications

through Welspun Company for enquiring land for organization

of my private textile business. But there is no mention or any

clarification in remaining paras of F.I.R.

7) As an Investigation Officer you may see that as per para 1(B) of

the Government Resolution, Revenue Department, dated 6-6-

2003 that the Collector has power to given any party even

without public auction, the land up to 2 hectors if the value is

not above Rs. 15,00,000/-.

8) In this case all conditions of the aforesaid resolution are

observed. The Government has also given the land

admeasuring 48 acres to this company i.e. Welspun. It is

requested to see as to whether the land granted by this

Government is as per rules?

9) During preliminary inquiry, Parikshita Rathod recorded

statement of Kodarbhai Shantibhai Prajapati, Section Officer

and considered this statement the order of the Government.

And it is not taken on record that as to whether any

Government Resolution supports his statement. Collector has

power to grant 2 hectors of land and 2 hectors are considered 5

hectors in F.I.R. conversion of 1 acre is 4047 sq.mtrs. and in

this way conversion of 5 acres is 0.235 sq.mtrs. without seeing

the table generally being used in the Revenue Department, the

Police Officer giving F.I.R. adhered hector based yard stick.

The word hector is used w.e.f. 1998 in Government Resolution.

Prior to that acre was being used and in Kachchh district the

table which is available as per old practice, in that I hector is

considered equal to 5 acres. Allotment of land is made as per

acre. It is good, if 20,000 sq. mtrs. are now considered fro 2

hectors, but as per Kachchh district method, land is considered

five acres, which becomes 20,235 sq.mtrs. asper metric

systems. I have not done any criminal proceeding, but I have

done work as per practice, as per method which has been in

vagne. As per metric system. I hector is equal to 10 thousand

sq.mtrs. and 1 acre equal to 4747 sq.mtrs. is the measurement

in metric system, because of that wrong meaning of so called

discrepancies is construed and complaint is filed.

10) As mentioned in F.I.R. for land allotment in district. District

land Valuation Committee was constituted in which Collector,

District Development Officer and Town Planner were members,

whereas the Resident Deputy Collector was member secretary.

In this F.I.R. my name and designation are shown as an

accused whereas names of the District Development Officer

and the Resident Deputy Collector are intentionally not written,

whereas only the designation of the Town Planner is shown as

an accused. This kind of method of writing F.I.R. shows

prejudice towards me.

11) As per condition 5 of the above said Resolution the

responsibility of determining the price of land is of the Town

Planner. Drawing attention towards para-25 of this Resolution I

say that as per condition-8 the District Valuation Committee has

to depend only on the opinion of the Town Planner, therefore,

no responsibility can be fixed individually on the Collector.

12) In this case, the District Valuation Committee had fixed

the rate at Rs. 15 (Fifteen), whereas as shown in F.I.R. as per

Resolution of Revenue Department dated 6-8-2005, the rate of

land is shown at Rs.78/- (seventy eight). It is shown in F.I.R.

that the District Valuation Committee was held on 20-4-2004.

How the Government Resolution dated 6-8-2006 can be made

applicable to the District Valuation Committee dated 20-7-2004

in this way? In this way, grave serious mistake has been

committed in F.I.R. During this time I have time and again

shown the rate of Rs. 15/- in the Government. But no

interference was made by the Government. Had the

Government found these rate less at the relevant time, it could

have made interference as per section 211 of the Land

Revenue Code.

13) I have to further state that generally as per price

determined by every District Land Valuation Committee, Orders

regarding land allotted by the Collector are placed before the

Government and such orders are sanctioned by the

Government or changes are effected if required, but the

decisions to file criminal complaint were never taken. I hope

that as Investigation Officer, you would inquire such

precedents. Therefore, you could know that in my case, this

F.I.R. is registered exceptionally. In my case, the CID Crime

inspected such types of files made interpretation capriciously as

per their will, though it does not amount offence, the fact of this

allotment of land is given criminal form. Against me, it is alleged

in this F.I.R. that the orders of allotment of land dated 10-8-

2004 and 13-8-2004 are not intimated to the Government and

committed criminal offence. The complainant of this case is

not conversant with the procedure of the Revenue Department.

In such case, the Collector directly does not write letters to the

Revenue Department, but the subordinate in officers perform

duties. In whole of India any Collector does not prepare drafts

of the letter of such type alleged in F.I.R.

14) In this F.I.R. it is mentioned that Rajkot Zone, CID Crime

C.R.No.3/2010 which is registered under the Prevention of

Corruption Act. As per allegation leveled therein that someone

gives SIM Card only to the District Collector so, the allotment of

land is made to such party giving SIM Card. Is that idea

understandable? As mentioned in the above said F.I.R.

09/2010 in Rajkot Zone, F.I.R. No.3/2010 it is shown that due to

receipt of SIM Card by me, this disputed land is allotted. In

F.I.R. 03/2010 which is registered on 31-3-2010, motive of this

offence is not shown therein thus, fact of both the F.I.R.

interlinks each other and though they are of same duration and

of the same place, yet F.I.R. is registered with malice to

implicate me wrongfully. In fact, obviating intentionally to show

the fact of F.I.R. 09/2010 in F.I.R. 03/2010, separate crime is

registered.

15) F.I.R. 09/2010 that is to say in F.I.R. sections of making

forged documents and their use are applied whereas in detail of

F.I.R. there is no clarification or mention as to which document

is forged, in which manner or used. Besides these sections

other sections are applied to increase gravity of fact.

16) After horrible earthquake of the year 2000, my

appointment was made as a District Collector, Kachchh. In

which industrial units were to be welcomed with the main goal

of reconstruction and rehabilitation of the district. The project of

Welspun Group was of Rupees Eight thousand Crores and on

commencement of this project in Kachchh district soon the

prices of land increased very much, when land was given to

Welspun in 2004, the rate of that was Rs. 15/- and after one

year become Rs. 78/-.

17) Points behind inclusion of the Chief Minister Shri

Narendra Modi as an accused in conspiracy.

i) When Shri Narendra Modi and Shri B. K. Goyenka owner

of Welspun Company were going to Singapore in a

Private Chartered Flight, the Chief Minister gave

invitation to Shri B. K. Goyenka for establishment of

industry in Kachchh and gave undertaking that all

possible assistance would be given.

ii) Shri B. K. Goyenka had spoken the above said fact, in

public on dais is at the time of inauguration of Welspan

Company and expressed thank of the Chief Minister, Shri

Narendra Modi was also present in this inaugural

ceremony.

iii) The State Government also has allotted 48 acres of land

to Welspun Company. You are well aware that big

industrialists have direct intimacy with the Chief Minister,

Narendra Modi. During foreign tours he goes

accompanied with him in chartered plane. If one thinks

with ordinary intelligence, it will become clear that what

kind of instructions might have been given by him for

mobilizing such industries?

As per Indian Evidence Act this is one of the related facts which

can be accepted.

iv) It becomes legally necessary to take note that the Chief

Minister attends, in presence of the owner of that

company for which crime is registered with regard to grant

of land to Welspun Company.

v) During the process of allotment of land, the Chief Minister

would time and again give instructions through Video

Conference to complete the work of granting land to

Welspun Company. Particularly, in January, 2005, he had

given instruction that it was necessary to complete all

work before Vibrant Gujarat Global Summit.

vi) Pressure was put by the office of the Chief Minister as well

as from the Revenue Department with the object that

Welspun Company may get land speedily. Shri Mukesh

Modi under Secretary, Revenue Department many times

phoned me and the R.D.C. and inquired also about this

matter. Barring the above said weekly reports and reports

from time to time were called for from our Collectorate,

Kachchh such as show much land is given to Welspun

Company? What progress is made therein?

vii) In 2005, the Chief Minister had organized Sharatultsav in

Kachchh district. As per instruction of Shri Modi, during my

tenure, the company had first deposited a cheque of Rs.

50.00 lakh with the Colletorate for celebration of Kachchh

Sharad Utsav. Thereafter, for the arrangement to be made

as per expectation of the Chief Minister as this amount fell

short for expenditure, another cheque of Rs. 25.00 was

given by them. As per my memory, this cheque was given

in the name of any Trust I was present with the Chief

Minister at the time of Sharadultsav and I had apprised

him about the cheque given by Welspan Company. I know

that even after transfer from Kachchh district next year

that is to say in 2006, when Sharad Utsav was celebrated,

in the time of my successor, the Welspun Company had

given a cheque of Rs. 35.00 lakhs to the Collectorate as

per the demand of Shri Narendra Modi.

Because of the aforesaid reasons it will be clear to you

that during my tenure and thereafter the Chief Minister

has, though he is a public servant, not only took interest

personally for granting land to Welspun Company, but

also he accepted money by cheque for spending for his

work. The personal motive Shri Modi for doing this was to

get advantage by individual and political publicity. I believe

that you have applied section 120B in F.I.R. taking that

into account the main accused and wire-puller is Shri

Narendra Modi.

In order to be helpful in investigation by you, I am ready to

bear witness as per section 164 of the Cr. P.C. on the

above said fact. I will give detailed information at that time.

I firmly believe that in this case, as shown above, though

there was much pressure by the Chief Minister, I have

done work as per rules and law. The matters on which you

have registered crime, if you inquire in any district of

Gujarat, lands are granted to industrialist for such

purpose. I reiterate that the responsibility of fixing price

was solely of the town planner, which becomes clear from

para 10 and 25 of the Resolution dated 6-6-2003.

However, deciding this work as criminal one sections of

Indian Penal Code are applied against me. According to

that the main culprit is Shri Narendra Modi and it is your

duty to take legal actions against him.

viii) As stated in Rule 137, Part III of the Gujarat Police Manual

the Police inquiry should be always impartial and the

investigation officer has to make all out possible efforts to

find out truth evidence which is shown as an accused has

to be taken into account carefully and decision has not to

be taken with unnecessary haste on any point.

I hope that as an Investigation Officer, you will make impartial

investigation taking my above said submission into account.

(Pradip Sharma)

Copy forwarded w/c:

1) The Director, Anti-Corruption Bureau, Shahibaug, Dafnala,

Ahmedabad.

As per provision of the theory laid down by the Hon’ble

Supreme Court in case of Shri Abdul Raheman Antule, former

Chief Minister of Maharashtra, 1992-SCC-225 and other

judgments on the same case along-with that, though Shri Modi

is a public servant, it is requested to conduct preliminary inquiry

in respect of malpractice committed by him.

2) The Additional Director General of Police, C.I.D. Crime, Police

Bhavan, Gandhinagar.

//TRUE COPY//

ANNEXURE P-7

PRADEEP SHARMA, IASPlot 465 A/2, Sector 1Gandhinagar, Gujarat

19.1.2011To

Shri A K Joti, IAS,Chief Secretary,Govt. of Gujarat,SchivalayaGandhinagar, Gujarat.

Sub: Request to transfer Investigation to CBI to Prevent Grave Bias

in Rajkot Zone CID(Crime) CR No. 9 of 2010.

Sir,

I am writing to register an urgent request for transferring

to the Central Bureau of Investigation (CBI) the ongoing

criminal investigation against me, to prevent what has by now

been undoubtedly a prolonged exercise of wanton persecuton

by the highest political leadership, i.e., Mr. Narendra Modi, the

current Chief Minister (CM) of the state of Gujarat. The

following facts may help you understand my claim as to why the

CM would continue to jeopardize due process, as he has over

the past one year, in order to inflict grave damage to both my

professional career and my fundamental rights. It may also

shed light on reasons why the criminal case was framed

against me in the first place.

You are aware that I was arrested on 6.1.2000 in

connection with M Case No. 1/2008. Despite being a senior IAS

Officer, having served as the District Magistrate of two districts

in the past, I was summarily arrested from my official residence

in Bhavnagar at 05.30 hours in the early morning, in a manner

of surprise, without any prior intimation of cause or explanation

and without affording me a single opportunity to convey my

defense in the matter.

The Government opposed my bail plea in the Sessions

Court, the Hon. High Court and the Hon. Supreme Court. In the

Hon. High Court, the state Advocate General and the Additional

Advocate General appeared for the State and in the Hon.

Supreme Court, a senior Supreme Court advocate charging

hefty legal fees was engaged by the state Government to

oppose my bail. My bail pleas were denied repeatedly by the

courts within the state system over an extended period of eight

months. Such was the intensity of personal interest taken by

the CM, abusing the powers entrusted to him in his official

capacity. Finally, however, the Hon. Supreme Court of India

was pleased to allow my Special Leave Petition in the said case

on 6.9.2010.

Also as you are aware, the initial case has since been

unbundled into an ongoing series of individual cases and arrest

warrants. While I was in judicial custody, in violation of all legal

norms and judicial propriety, a second case was filed against

me under the Prevention of Corruption Act. This pertains to use

of mobile phone SIM cards allegedly given to me. On this

matter, I am before the Hon. High Court and the Ho. Supreme

Court.

While the intention of keeping me behind bards

indefinitely, undoubtedly at the behest of the CM for reasons

given in the succeeding paragraph/s, the State CID(Crine) has

imposed a third case, on 25.9.2010, that being Rajkot Zone

CID(Crime) CR No. 9 of 2010 and pertaining to land allotment

to the Welspun Group of companies within the SEZ in Kachchh

in my capacity as the Collector and District Magistrate at the

time. I have since addressed a communication to the

Investigating Officer, Dy. S.P. Shri K.P. Gajipara, placing on

record facts about two cheques worth Rs. 50.00 lakhs and Rs.

25.00 lakhs from the same Welspun Group, given for use

toward the Shared Utsav organized in 2005 in Kachchh at the

behest of and for personal and political gain of the CM. The

letter goes on to mention that, even after I was transferred out

of Kachchh district, sum of Rs. 35.00 lakhs from Welspun was

received by my successor in office, Shri Dhananjay Dwivedi

towards the same cause the following year. Thus, Welspun was

a major donor toward the CM’s political propaganda at the time

and has remained so over the years. While these checks were

received initially in the Kachchh Collector Office, a Kachchh

Sharad Utsav Trust was set up; through the medium of this

Trust, the CM accepted pecuniary befits for his own personal,

political advantages. I am enclosing a copy fo the said letter for

your ready reference. A plain reading of the enclosed letter will

reveal to you that no offence has been committed by me and

yet an FIR has been lodged specifically against me in this

matter although, in light of the facts mentioned in the enclosed

letter, it should be the CM who should be tried as the Chief

conspirator and the main accused.

In the representations that I have made before various

judicial forms and in the petitions filed before the Hon. High

Court and the Hon. Supreme Court, I have given plausible

explanations for the grievous persecuation by the state

authorities, but have refrained from divulging one important

reason for the Chief Minister’s desperate attempts to keep me

behind bars. The cause of the Chief Minister’s malicious and

vindictive actions against me stem from his special interest in a

woman and that I had stumbled upon certain facts about his

relationship with her. With the objective of not washing dirty

linen in public and as an aspect of civilized behavior, keeping in

mind a lady’s reputation and the sanctity of high offices, I have

refrained from mentioning any detail about this sordid episode

in any of my petitions and kept it out of the public domain.

However, if you so desire, I can convey the details to an

appropriate statutory authority, provided a formal inquiry is

ordered in this regard and provided further that such statutory

authority is not constituted or controlled by the State

Government, it will now b e clear to you that the arrival of police

at my residence at 05.30 hours in the morning on 6.1.2000 was

with the intention of seizing laptop, computers and mobile

phones not only those belonging to me but also of the staff

available at the bungalow. I believe that the motivation behind

and the execution of the arrest are consistent with confirming

the fears of Shri Narendra Modi that I may be in possession of

incriminating evidence against the Chief Minister. My arrest was

a manifestation of Mr. Narender Modi’s personal and political

agenda.

In view of the above, no policy agency in the state og

Gujarat will investigate the above-mentioned offence registered

against me in a fair and free manner. It is therefore requested

that the offence registered against me vide Rajkot Zone

CID(CRIME) CR No. 9/2010 be transferred without delay to the

Central Bureau of Investigation (CBI) for further investigation.

In view of the grave bias on the part of the CM and inv

ie3w of the specific allegation contained in my enclosed letter to

the Investigating Officer and having regard to his questionable

relationship with a certain woman referred to above, it is

requested that this matter may not be placed before the Chief

Minister or any member of his Council of Ministers, but may be

put up to any other Constitutional authority for orders.

Thanking you,

Yours sincerely,

Sd/-

(Pradeep Sharma, IAS)

Encl: Copy of Letter dated 11.12.2010 to Dy. S.P. Shri K.P.

Gajipara

Copy with compliments to:

1. Director General of Police, Gujarat State, Police Bhavan,

Gandhinagar

2. The additional Director General of Police, CID(Crime),

Gujarat State, Police Bhavan, Gandhinagar.

//TRUE TYPED COPY//

ANNEXURE P-8

FIRST INFORMATION REPORT OF THE COGNIZABLE OFFENCE

(under section 154 of the code of criminal procedure)

1. District Po.Station Year: 2011 First Information No. 1/11

Bhuj CID crime date: 22/02/2011

Rajkot

2 Act Sections

(1) IPC Sections 217, 409, 120-B

(2) ...... ..............

(3) ..... ..............

(4) Other Acts and sections

3 (A) Date and time of From date 21/01/2004 to date April, 2005

commission of an offence from hrs. to hrs.

(B) Offence declared (in Po.sta.) Date 22/02/2011 Time: 23/00

(C) Station Diary Entry

(Registration) No. 2 Time: 23/05

4. How the information was

received: written or oral : complaint is received in writing

in person.

5. Scene of offence : (A) Distance and direction of

scene of offence from Po.sta. Moje Samaghogha, Tal. Mundra

and office of the District Collector, Bhuj (Kachchh)

Name of Beat Number/O.Po./chawky

(B) Address

(C) Name of that po.sta. if offence is out of .............

that po.sta. District/city ....................... State ...........

6. Complainant/Informant: Investigation cell, Bhavnagar

(A) Name: K.M. Raval, Detective Police Inspector, CID

crime

(B) Name of father: Dr. Markandray Bhalchandra Raval

(C) Date of birth/year17/07/1974 (D) Nationality: India

(E) Passport number........... Date of Issue of

passport Place/address of office issuing passport ...............

(F) Occupation: Detective Police Inspector

(G) Address: Plot No. 773/B, “Triveni”, In Khancha of Dr. Nilu

Vaishnav, Tilaknagar, Bhavnagar

7. Name, address, full details of accused/information with all

details of indentified/suspect/unidentified accused)

1. Shri Pradipkumar Nirankarnath Sharma, IAS, the then

Collector, Kachchh-Bhuj.

2. The then Town Planner, Kachchh-Bhuj etc.

8. Reason of giving information late

9. If theft is committed full description of the property

stolen......................................................................

10. Total value of the property stolen

11. Accidental death number (if any).

Date 22/02/2011

I, K.M. Raval, Detective Police Inspector, CID Crime,

Investigation Cell, Bhavnagar, age: 36 years residence Plot No.

773/B, “Triveni”, In Khancha of Dr. Nilu Vaishnav, Tilaknagar,

Bhavnagar, Mobile No. 9714146000.

The fact of my complaint for the government is such as I have

been performing duty from 22/9/2010 as a Detective Police

Inspector, CID Crime, Investigation Cell, Bhavnagar, duties of

my function includes investigations of crimes and preliminary

investigations/investigation of application that may be entrusted

to me by the A.D.G.P. C.I.D. Crime and Railways, Gujarat

State, Gandhinagar and legal work that may be entrusted as

per orders of the superior officers.

On the strength of the Government order, Home Department

No. V-i/KSV/ 102010/11811 dated 4-9-10 and under his office

letter No. Te-2B/pra.t./ja-No.767/10 dated 29-9-2010, the

hon’ble A.D.G.P. C.I.D. Crime and Railways, Gujarat State, had

entrusted investigation of preliminary inquiry No. 15/2010. On

the basis of this preliminary report under Government letter,

Home Department No. V-i/KAV/ 102010/11811 dated

22/2/2011, the Adal. D.G.P. C.I.D. crime and Railways, Gujarat

state, Gandhinagar has authorised me to file this complaint

under his letter No. Te.2/B/Inqu/108/2011 dated 22/2/2011.

Shri Pradipkumar Nirankarnath Sharma, IAS, had been

performing duty from 2/05/2003 to dt. 3/6/2006 as a Collector

and District Magistrate Kachchh-Bhuj. During his tenure of duty

applications were made by Shri SOW pipes Limited company to

allot lands abutting survey Nos. 336/3, 336/2, 326, 300, 301

and 377/294/3 etc. as well as waste lands at moje

Samaghogha, Taluka Mundra, Distt. Kachchh-Bhuj, for

industrial purpose. In persuance thereof the meeting of the

District level district land valuation committee of Kachchh-Bhuj

was held on 5/3/2004 under the chairmanship of Shri Pradip

Sharma, Collector, the Deputy Resident Collector was as a

member secretary of the committee and Shri N.M. Desai, Town

Planner remained present as a member. In the agenda of the

said District Land Valuation Committee held on 5/3/2004, total

33 chapters were included. In which from Sr. Nos. 11 to 14, out

of survey nos. (1) 336/3 (2) 336/2 (3) out of 326 (4) out of

tra.No. 326 (out of road) of moje Samaghogha Tal. Mundra total

4 chapters of lands demanded by sow pipes limited company

were taken on agenda, price of total 46,098 sq. mtrs. of lands

was determined. At the relevant time, on clarification that

instead of 7855 sq. mtrs. out of S.No. 326 mentioned in the

abovesaid Sr. No. 4 it was the land of 8,930 sq. mtrs. out of

Tra. s. No. 369, order was made accordingly, and in this way,

the price of total 47,173 sq. mtrs. of lands was determined in

the District Valuation Committee dated 5/3/04 and total 4

separate orders relating to this were made for allotment of

government waste land and to the Sow Pipes Limited company

and allotment orders of lands out of road were made. On

studying the certified files of original chapters of these orders

during preliminary inquiry, it was found that in the application dt.

21/1/2004 for demand of land, demand of land of total 6

government survey numbers was made by Shri Sow Pipes

Limited, applicant. Getting three photo copies of that application

made, making three chapters, keeping one copy each in all the

three chapters, showing different in word numbers on the same

day that is to say on 23/1/2004 making different orders for

3,854 sq. mtrs. out of survey Nos. 336/3, 13,860 sq. mtrs. out of

survey No. 336/2, 20538 sq. mtrs. out of survey no. 326, thus in

total three cases, made different orders on the same day i.e. on

25/3/04, total 38,243 sq. mtrs. of land was allotted by Shri

Pradipkumar Sharma, the then Collector, to Shri Sow Pipes

Limited.

Looking to the orders made to Shri Sow Pipes company out of

survey no. 369, the application dated 22/1/2004 of the

company, is found to have been presented also in the District

Land Valuation Committee on the same date 5/3/04. In the

case of allotment of land for industrial purpose as directed

under Government Resolution, Revenue Department,

Resolution No. JMN/392-003/454/A dated 6-6-03, the limit of

the power of the Collector is two hectares upto market price of

Rupees 15 lakh for allotment of land for industrial purpose.

Thus presenting as different chapters in the District Land

Valuation Committee dated 5/3/04, the proposal of demand of

waste land by Shri Sow Pipes Limited company overriding the

limit of power delegated under Government Resolution,

Revenue Department, Resolution No. JMN/392-003/454/A

dated 6-6-03,alloted total 47,103 sq. mtrs. of land to Shri Sow

Pipes Limited company, not sending these proposals to the

Government for approval, it is found that Shri Pradipkumar

Sharma, the then Collector, caused economic loss to the

Government, committed criminal breach of trust in respect of

property entrusted to him.

During preliminary inquiry it is found that in the said chapters

the opinion showing consent of the commissioner of

Industries/Industry officer was not secured as per condition

specified in the Government Resolution, No. JMN/392-

003/454/A dated 6-6-03.

Shri N.M. Desai, the then Town Planner had presented, in the

District Land Valuation Committee dated 5-3-04, the valuation

report of survey numbers demanded by the applicant in the said

chapter. In which it is found during preliminary inquiry that

process was not carried out as per procedure or guide lines for

valuation of land mentioned in the Government circular,

planning and valuation department, No. valuation/circular/5114

dated 23-9-2002.

Thus, Shri Pradipkumar Sharma, the then Collector, Kachchh-

Bhuj and Shri N.M. Desai, the then Town Planner, Bhuj with the

intention to save company, Sow Pipes Limited company moje

Samaghogha, Tal. Mundra, which was under encumbrance as

per rules, however, disregarding the legal directions as to how

he should behave in the capacity of a public servant, in

collusion with the company and other officers/ employees of the

government, causing economic loss to the government,

committing criminal breach of trust in respect of property

entrusted to him, as the said company was liable for

encumbrance, however, the order of the law was disregarded,

my complaint is for taking action as per rules, as per sections

217, 409, 120-B of IPC against him.

My witnesses are Shri K.L. Makwana, Chitnis to Collector, Shri

Haroon Sama, T.C. Mantri, Samahogha, Shri S.V. Dave who

were examined during preliminary inquiry and other witnessees

evidence etc. that may be found during investigation.

This is fact of my complaint

13. Details of process after the crime is registered.

(A) Crime registered and investigation started

(B) Investigation entrusted to Shri ..............designation/B.No.

(C) Reasons of not investigating the crime ......

(D) Name of Po.sta. .......... district ......... (city) to which

investigation of crime is transferred on reading over the

complaint of the complainant having understood the

same, signed and received copy free of charge

Signature/thumb impression of the complainant

14. Signature/thumb impression of the information

Signature of the Po.Sta. Officer

Name

Designation ............... B.No.

15. Date of sending to the hon’ble court concerned

date ............... time

This is fact of my complaint.

sd/- Before mesd/- Raval(K.M. Raval)

Detective Police InspectorCID crime,Investigation Cell,

Bhavnagar

Copy forwarded with complimentTo The hon’ble Judicial Magistrate,Bhuj Corutm,Bhuj

Raval(K.M. Raval)

Detective Police InspectorCID crime,Investigation Cell,

BhavnagarJawak Number 1226/2011

Office of the Dy. Superintendent of Police

C.I.D. crime, Rajkot,

Dt. 23/2/2011.

B. Details of process after crime is registered.

(A) Crime registered and investigation started

(B) (Investigation entrusted to Shri V.K.

Pandya......Designation/B.No. D.Pl Ins.

(C) Reasons of not investigating the crime

(D) Name of Po.sta........... District ................ city ..........

on reading over the complaint of the complainant, hav ing

understood the same, signed and received copy free of

charge.

Signature of the complainant sd/Raval

14. Signature of the informant sd/Raval

sd/Raval

Signature of the Po.Sta. OfficerName : K.M. RavalDesignation : D.Po.Ins.

15. Date of sending to the Hon’ble court concerned

date : 22/02/2011 Time : 23.00

//TRUE TYPED COPY//

IN THE SUPREME COURT OF INDIA(Criminal Original Jurisdiction)

Crl. M. P. No. of 2011IN

W.P. (Crl.) No.________ of 2011

IN THE MATTER OF

Pradeep N. Sharma …Petitioner

Vs.

State of Gujarat & Ors. …Respondents

APPLICATION SEEKING EXEMPTION FROM FILING THE OFFICIAL TRANSLATION OF THE ANNEXURE P3 – P6 & P8

ToTHE CHIEF JUSTICE OF INDIAHIS COMPANION JUSTICES OF THE HON’BLE SUPREME COURT OF INDIA

THE HUMBLE APPLICATION OF THE PETITIONER ABOVE NAMED

MOST RESPECTFULLY SHEWETH: -

1. That the present petition has been filed by the Petitioner

seeking the transfer of the cases lodged against him with the

State Crime branch to an independent investigative agency,

Central Bureau of Investigation (CBI), since the said cases

have been lodged simply to falsely implicate the Petitioner at

the behest of the Chief Minister of the State.

2. The facts and circumstances giving rise to the

accompanying Petition are set out therein in detail and are not

repeated here for the sake of brevity. The Petitioner craves

leave of this Hon’ble Court to treat the same as an integral part

of the present application as well.

3. That the documents/Annexures P3 - P6 & P8 filed by the

applicants along with the Writ Petition are in Gujarati language

and could not be officially translated due to paucity of time. The

Applicant herein craves leave of this Hon’ble Court to be

exempted from filing official translations of the same and to file

the English translation of the said documents.

4. That the Applicants have a prima facie case in his favour

and the balance of convenience is in favour of the applicants

and against the Respondents. That the applicants would be

greatly prejudiced if the present application is not allowed.

P R A Y E R

In the facts and circumstances the Applicants above

named most respectfully prays that this Hon’ble Court may be

graciously pleased to: -

(a) exempt the Petitioner from filing the official

translation of Hindi Annexure P3 to P6 & P8

(b) pass such other and further order(s) as may deem

fit in the circumstances of the case.

AND FOR THIS ACT OF KINDNESS THE APPLICANTS AS IN DUTY BOUND SHALL EVER PRAY

FILED BY

NEW DELHI (SUNIL FERNANDES)DATE: 26.4.2011 Advocate for the Applicant

IN THE SUPREME COURT OF INDIA(Criminal Original Jurisdiction)

Crl. M. P. No. of 2011IN

W.P. (Crl.) No.________ of 2011

IN THE MATTER OF

Pradeep N. Sharma …Petitioner

Vs.

State of Gujarat & Ors. …Respondents

APPLICATION FOR EX-PARTE INTERIM DIRECTIONS

TO,

THE HON’BLE CHIEF JUSTICE OF INDIA AND HIS COMPANION JUSTICES OF THE SUPREMECOURT OF INDIA.

THE HUMBLE PETITION OF THE ABOVE NAMED PETITIONER.

MOST RESPECTFULLY SHOWETH:

1. That the present petition has been filed by the Petitioner

seeking the transfer of the cases lodged against him with

the State Crime branch to an independent investigative

agency, Central Bureau of Investigation (CBI), since the

said cases have been lodged simply to falsely implicate

the Petitioner at the behest of the Chief Minister of the

State.

1. The facts of the case have been stated in detail in the

accompanying petition and the same are not repeated

herein for the sake of brevity and may be treated as part

and parcel of this application for directions.

2. The Petitioner is an IAS officer belonging to the Gujarat

cadre, with an unblemished record of outstanding

performance throughout his career. He has received

numerous accolades for his work for proactive

international collaboration on joint urban infrastructure

development projects in Jamnagar, Gujarat, between

2001 and 2003 when the Petitioner served there as the

Municipal Commissioner and has been applauded for his

efforts in rebuilding Kutch after the earthquake.

3. Despite such an impressive array of achievments and

service record, the Petitioner is currently languishing in

jail due to his implication in a number of criminal cases at

the behest of the Shri Modi-led State Government. A

perusal of the relevant facts which has led the Chief

Minister and State Government to implicate and victimize

the present Petitioner will reveal that it is impossible to

hold an impartial investigation/trial as the Chief Minister

himself is personally or directly interested in the outcome

of the investigations which are more in the nature of a

witch-hunt launched against the present Petitioner.

4. This Hon’ble 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 21 of the

Constitution, available to all citizens of this country, but

also a constitutional imperative which has to be enforced

without exceptions. In order to assure and protect this

pre-eminent fundamental right, this Hon’ble Court, in a

number of appropriate cases, deemed it necessary to

have investigations and trial conducted through the

specialized agency like the CBI.

5. It is most humbly submitted that the law as laid down by

this Hon’ble Court in transfer of cases to the CBI would

squarely apply to the facts and circumstances of the

present case, which starkly depicts political victimization

of an upright senior IAS officer of impeccable credentials,

at the hands of a pliant administrative state machinery

headed by a vindictive Chief Minister of the State of

Gujarat – Shri Narendra Modi.

6. At the outset, the Petitioner most respectfully submits

that vide the instant petition he is not seeking quashing of

the false cases foisted on him. He is also not seeking to

escape nor circumvent the legal process and procedure.

However it is respectfully submitted that as per the oft

repeated legal maxim – “Justice must not only be done

but also appear to be done” – the Petitioner prays that in

view of the contents of the instant petition and the

allegations against the Chief Minister and the State

Machinery, it cannot be held, by any reasonable man,

that there would not be bias and prejudice against the

Petitioner herein in the cases fabricated against him by

the state machinery and, on this ground alone, the cases

currently investigate/tried by the State Police ought to be

transferred to the CBI.

7. The persecution personally unleashed by the State Chief

Minister, – Shri Narendra Modi, against the Petitioner

herein is due to two major reasons, apart from a host of

other supporting factors: -

(i). Firstly, the Petitioner happens to be the younger brother of

Kuldip Sharma, a highly-decorated and currently the

senior-most IPS officer in the Gujarat state cadre, who

has unmasked many misdeeds of Narendra Modi since

the 2002 Godhra riots and also of his henchman Shri

Amit Shah, the ex-Home Minister of State, Gujarat. The

two siblings have very close to each other right from

childhood and share very strong fraternal bonds.

(ii). Secondly, and more immediately, the Petitioner is

suspected of having stumbled upon some intimate

secrets of Narendra Modi’s illicit escapades with a

woman named Ms. Mansi Soni. Shri Modi verily believes

that this information of his amorous and illicit liaison with

Ms. Soni, if revealed in the public domain, will render

incalculable and grave damage to his public image and

his future political prospects. Mr Modi suspects that the

information regarding his liason with Ms Soni would be

revealed in the public domain through the petitioner

herein and hence as a pre-emptive measure sought to

incarcerate the petitioner herein implicating him in false

cases. The petitioner, faced with sustained and constant

victimization is forced to disclose these facts, which were

not revealed earlier by him, as he is left nho other option.

I. VICTIMIZATION DUE TO THE PROXIMITY OF THE PETITONER WITH HIS BROTHER - SHRI KULDIP SHARMA, IPS:

8. Shri Kuldip Sharma, the brother of the Petitioner herein is

the senior most IPS officer of the State of Gujarat,

belonging to the 1976 batch. He has functioned as

Additional Director General of Police, CID (Crime) from

28.4.2003 to 01.8.2005. Shri Kuldip Sharma, after taking

over the above post, came across various pending cases

in which Shri Modi and the then Home Minister of the

State Shri. Amit Shah were interested.

9. One of them was the Soharabuddin Case which is a matter

pertaining to death of one Shri Soharabuddin in a fake

police encounter. In the said case, the Petitioner’s brother

approved a report to be sent to this Hon’ble Court. Till

that time, only the file of the preliminary inquiry conducted

by Police Inspector, Shri Solanki of the State CID

(Crime), had existed, which prima facie established the

fact that Soharabuddin was killed in a fake encounter.

Shri Narendra Modi held a grudge against the Petitioner’s

brother since he ordered the said interim report to be sent

to this Hon’ble Court, which ultimately lead to the arrest

of his confidante Shri. Amit Shah, causing Shri Narendra

Modi a tremendous loss of public face and political

embarrassment.

10. In yet another incident, an offence was registered against

Ms. Mallika Sarabhai, which pertains to the danseuse’s

plan to take a troop to USA and South America and the

allegation was that she was using her organization to

take people illegally to USA and indulging in human

trafficking. It is pertinent to note here that Ms. Sarabhai

was also a Petitioner before this Hon’ble Court in a

petition filed against the Chief Minister and others with

regard to post-Godhra communal riots in Gujarat during

2002. The CID (Crime) took over the case on 20.9.2004.

However, investigation by the State CID (Crime) revealed

that no offence as alleged could be made out against Ms.

Sarabhai. Despite this, Shri Amit Shah, the then MOS

(Home), at the behest of Shri Modi, was bringing

pressure to arrest and charge-sheet Ms. Sarabhai.

However, Shri Kuldip Sharma directed the closure of the

case, as it was baseless. This also angered Mr Modi.

11. In another instance, in a writ petition filed before the

Hon’ble High Court of Gujarat, allegation of extortion of

money was made against Shri Kamlesh Tripathi, a close

associate and a political ally of Shri Amit Shah, MOS

(Home), Gujarat. The Hon’ble High Court directed the

DGP to have the matter inquired into, who, in turn,

entrusted the same to the State CID (Crime). After

perusal of the case, the Petitioner’s brother directed the

concerned Superintendent of Police in CID (Crime) to get

an offence registered as necessary and appropriate

under the law. Immense political pressure was brought

on the concerned SP, Shri Anil Pratham not to do so.

Eventually the complaint came to be registered much

against the wishes of Shri Amit Shah.

12. In yet another serious case, when Shri Kuldip

Sharma was up in arms against the personal interests of

Shri Modi and Shri Amit Shah upon an inquiry, in which

allegations were made that Amit Shah had received an

amount of Rs. 2.5 crores, through an intermediary Shri

Girish Dani, in the matter of a case about financial fraud

in Madhavpura Mercantile Co-operative Bank Limited,

Ahmedabad, by Shri Ketan Parikh who was the prime

accused in this offence; the Rs. 2.5 crores was alleged

paid by Shri Girish Dani to Shri Amit Shah to intervene on

behalf of Shri Ketan Parikh and spare him any legal or

criminal action. Shri Kuldip Sharma felt that a proper

investigation was necessary in the interest of Shri Amit

Shah, so as to clear Shri Amit Shah’s name of any false

allegations of having take the Rs. 2.5 crores of bribe if he

were indeed not involved, and had recommended that

since the original investigation pertaining to Shri Ketan

Parikh was done by CBI, the application leveling charges

against Shri Amit Shah also be sent to CBI. Meanwhile

Shri Kuldip Sharma went to attend a conference outside

the State and upon his return he was informed that he

had been transferred from CID (Crime).

13. The Petitioner’s brother, Shri Kuldip Sharma, too has

suffered at the hands of the CM Shri Modi. His ACR’s for

last 5 years (2003-2004 to 2007-2008) were downgraded

by Shri Modi, without assigning any reasons and in

brazen and direct violation of the statutory rules and

administrative instruction of the Department of Personnel

and Training (DoPT). The Chief Minister downgraded the

ACRs of Shri Kuldip Sharma with the malafide intention

of denying him promotion to the next higher rank as at

least three outstanding ACRs are required out of last 10

years to qualify for the next promotion. The Principal

Bench of the Hon’ble Central Administrative Tribunal

(CAT) vide final order and judgment dated 07.04.2011

has set aside the downgrading of the ACR’s of Shri

Kuldip Sharma on grounds of it being arbitrary and illegal.

14. It is submitted that the Petitioner has been harassed by

the Chief Minister in order to settle personal scores with

Shri Kuldip Sharma, the brother of the Petitioner. The

State machinery is being abused by those at the helm of

power, primarily Shri Narendra Modi and Shri Amit Shah,

for their personal vendetta.

II. THE CHIEF MINISTER’S ILLICIT LIASON WITH MS

MANSI SONI:

15. It was in between 2003 to 2006 that the Petitioner, in the

capacity of District Collector of Kutch, commissioned a

series of projects toward the beautification of Bhuj city

and overall development of Kutch district. A site was

selected for developing a hill garden in 2005, for which

Ms. Mansi Soni from Bangalore was selected as the

Landscape Architect. The Chief Minister, Shri Narendra

Modi, visited Kutch to inaugurate the hill garden project

upon its completion, and was at this time introduced to

Ms. Soni. Thereafter, Ms. Soni communicated to the

Petitioner her decision to return to Bangalore as well as

shared her ongoing interaction with the Chief Minister.

The fact of the intimacy between Shri Modi and Ms. Soni

was confirmed when the Petitioner was in close proximity

of the two and overheard their conversation during one of

the official functions. Subsequently, Ms. Soni further

revealed to the Petitioner that when she called Shri Modi

in his office, he would freely interrupt scheduled

meetings, walking out of his office on senior officials in

order to speak to her privately.

16. During the second week of March 2006 at approximately

5:00 PM, Ms. Soni called the Petitioner and conveyed

that she had just landed in Ahmedabad city and was

planning to visit Bhuj. Shortly thereafter, when the

Petitioner attempted to telephone her, Ms. Soni’s cell

phone was switched off and remained so for the next 48

hours. Two days later at approximately 11:00 AM, Ms.

Soni called the Petitioner and conveyed that she was at

the residence of Shri Modi, and had spent the duration of

the previous two days at his residence. Subsequently,

she met the Petitioner in Bhuj and described in detail her

stay with Shri Modi.

17. Thereafter, Ms. Soni described that the next day being

Holi, many people visited Shri Modi for the festival and

played with colour. Shri Modi attended to them briefly and

returned to his quarters. In the meantime, Ms. Soni had

developed fever and requested a physician, but Shri Modi

conveyed that calling a physician was impossible, given

the peculiarity of their situation. The following morning

she left for Vadodara in a car sent for by Shri Modi.

18. In November 2008, while the Petitioner was posted as

Municipal Commissioner, Bhavnagar, Ms. Soni contacted

the Petitioner to inform him that Shri Modi had asked her

to do a project on Alang Shipyard for which she would

like to come to Bhavnagar. She came to Bhavnagar and,

during that time, the Petitioner observed that she was

constantly in touch with Shri Modi, who was abroad and

probably in South Africa. She also conveyed to the

Petitioner that Shri Modi had asked her about the

Petitioner and whether the Petitioner knew about her

intimate relationship with Shri Modi. In one conversation,

Ms. Soni showed the Petitioner a text message that the

Chief Minister had sent to her from abroad. The Petitioner

made a note of the cell phone number from which it had

originated. The number was 9909923400.

19. It is submitted that the Petitioner had two cell phones at

the time, with Nos. 99251 99799 and 98240 01729. On

one of these, the Petitioner had saved the aforesaid

number from which Ms. Soni had received personal

message from Shri Modi. Once, the Petitioner

accidentally dialed Shri Modi’s number, thinking that he

was actually calling someone else, but the Petitioner got

no reply on Shri Modi’s phone. The Petitioner realized his

mistake and promptly disconnected. The Petitioner verily

believes that Shri Modi must have found out the address

of the holder of the SIM card from which his personal

number was [accidentally] dialed, and placed it under

observation either with the help of State CID

(Intelligence) or illegal phone tapping methods involving

the use of electronic equipment through unauthorized

collaboration. Shri Modi could then have found that Ms.

Soni was speaking to the Petitioner often over phone.

20. Around this time, the Petitioner received an anonymous

letter conveying that a video of sexual activity between

Ms. Soni and one person, was available on an internet

website, and the letter advised the Petitioner to desist

from contacting Ms. Soni, as her character and actions

were not befitting of her company with Gujarat State

officials. The Petitioner did indeed come across such a

video clipping and it now appears to the Petitioner that

Shri Modi, who was monitoring the Petitioner’s cell phone

calls, started believing that videos involving Ms. Soni

perhaps included him i.e. Shri Modi.

21. It is submitted that the first case was registered against the

District Magistrate and Collector of Kutch District on

20.02.2008 in which the Petitioner was not named as the

accused but thereafter, in order to frame the Petitioner,

various cases were registered. The details of these cases

are:

(v) M. Case no. 1/2008: registered on dated

20.2.2008 with the CID (Crime) Rajkot zone.

(vi) CASE NO. 3/2010 registered with CID

(CRIME) Rajkot Zone.

(vii) CASE NO. 9/2010 registered with CID

(CRIME) Rajkot Zone.

(viii) CID (Crime) Rajkot Zone No. 1/2011

Offence registered under section 217, 409, 120(B)

of IPC, registered on 22.2.2011.

22. It is submitted that the aforesaid cases are being

investigated by the State CID (Crime) Branch and the

proceedings being orchestrated under keen personal

supervision of the Chief Minister of the State who, as

narrated above, has more than one reason to be

prejudiced and biased against the Petitioner. The said

cases have been filed only to malign and torture the

Petitioner since he is the brother of Shri Kuldip Sharma

and because the Chief Minister is convinced that the

information of his liaisons with Ms. Soni in the Petitioner’s

possession is a potential threat to his image.

23. It is, therefore, submitted that it would be in the interest of

justice that this Hon’ble Court be pleased to direct the

State CID to restrain from going ahead with the

investigation being conducted in the aforementioned FIRs

pending the hearing of the present petition.

PRAYER

In the premises, it is most respectfully prayed that this Hon’ble

Court may graciously be pleased to:-

(a) Pass suitable orders/directions to the State of Gujarat

and/or its instrumentalities including the State CID

restraining from conducting further investigation/trial in

the following FIRs namely :-

(i). M. Case no. 1/2008: registered on dated

20.2.2008 with the CID (Crime) Rajkot zone.

(ii). CASE NO. 3/2010 registered with CID (CRIME)

Rajkot Zone.

(iii). CASE NO. 9/2010 registered with CID (CRIME)

Rajkot Zone.

(iv). CID (Crime) Rajkot Zone No. 1/2011 Offence

registered under section 217, 409, 120(B) of IPC,

registered on 22.2.2011.

(b) pass such further order or orders as this Hon’ble Court

may deem fit and proper in the facts and circumstances

of the case.

AND FOR THIS ACT OF KINDNESS THE APPLICANTS AS IN DUTY BOUND SHALL EVER PRAY

FILED BY

NEW DELHI (SUNIL FERNANDES)DATE: 26.4.2011 Advocate for the Applicant

IN THE SUPREME COURT OF INDIA(Criminal Original Jurisdiction)

W.P. (Crl.) No.________ of 2011

(Writ Petition Under Article 32 of the Constitution of India)

IN THE MATTER OF

Pradeep N. Sharma …Petitioner

Vs.

State of Gujarat & Ors. …Respondents

Crl. M. P. No. /2011 An Application for Exemption from filing Official Translation ofAnnexure P3 – P6 & P8

Crl. M. P. No. /2011 An Application for Ad Interim Ex-Parte Directions.

PAPER-BOOK

(For Index, please see inside)

ADVOCATE FOR THE PETITIONER : SUNIL FERNANDES

I N D E X

Sl. No.

PARTICULARS Page No.

1. Listing Proforma A

2. Synopsis and List of Dates

3. Writ Petition with Affidavit 1 - 33

4. ANNEXURE P – 1 (Colly):

i) Copy of the letter dated 21.3.1985

ii) Copy of the letter dated 22.4.1985

iii) Copy of the letter dated 5.5.1988

iv) Copy of the letter dated 18.5.1989

v) Copy of the Professional Dynamics in

Health Care dated April, 1994

vi) Copy of the Indian Express Portion dated 26.1.2004

vii) Copy of the Towards a Better Tomorrow dated 26.3.2004

viii) Copy of the India Today Portion dated 7.11.2005

ix) Copy of the India Today Portion dated 5.06.2006

x) Copy of the Article

xi) Copy of the BBC News Portion

34

35

36

37 - 38

39 - 51

52 - 56

57 - 58

59 – 62

63 – 65

66 – 70

71 – 76

5. ANNEXURE P – 2Copy of the order dated 07.04.2011 passed by the Central Administrative Tribunal Gujarat in OA. No. 49 of 2010

77 – 130

6. ANNEXURE P - 3:Copy of the FIR No. 1/2008 dated 20.2.2008 District-Bhuj, Rajkot, Gujarat.

131 - 146

7. ANNEXURE P - 4:Copy of the FIR being I-CR No.3/2010 dated 31.03.2010 istrict-Bhuj, Rajkot, Gujarat.

147 - 151

8. ANNEXURE P - 5:Copy of the said FIR being I-CR No.9/2010 dated 25.9.2010, istrict-Bhuj, Rajkot, Gujarat.

152 - 162

9. ANNEXURE P - 6:Copy of the said letter dated 11.12.2010, addressed to Shri K.P. Gajipara, the investigating officer.

163 – 174

10. ANNEXURE P - 7:Copy of said letter dated 19.01.11 addressed to the Chief Secretary, Govt. of Gujarat

175 – 180

11. ANNEXURE P - 8:Copy of the said FIR being CID Crime No. 1 of 2011 dated 22.2.2011, istrict-Bhuj, Rajkot, Gujarat.

181 – 190

12. Application for exemption from filing the official translations.

191 - 192

13. Application for Direction. 193 - 207