THE JHARKHAND STORY DESK
Ranchi, Sept 23: The Jharkhand High Court has delivered its verdict on the Public Interest Litigation (PIL) filed demanding an investigation into illegal appointments in the Jharkhand Legislative Assembly. On Monday, the court ordered a CBI probe into the entire matter.
After hearing all parties related to the case, the court had reserved its judgment on June 20.
Advocate General Rajiv Ranjan and advocate Piyush Chitresh represented the state government, while lawyer Anil Kumar argued on behalf of the Jharkhand Legislative Assembly.
The PIL in this regard was filed by Shiv Shankar Sharma, alleging irregularities in appointments made between 2005 and 2007 in the assembly.
To investigate the matter, a commission led by Justice Vikramaditya Prasad was established, which submitted its report to the Governor in 2018. The Governor then directed the Speaker of the Assembly to take action, but no steps have been taken so far.
The Commission, constituted by the State government, had probed largescale bungling into the appointment of over 500 employees between 2005 and 2007.
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Earlier developments and govt response
In November 2023, the Jharkhand government expressed its view that the report submitted by Justice Vikramaditya Prasad Commission doesn’t officially exist in the eyes of the government.
According to a source, the report should have been submitted to the cabinet coordination department under the Commission of Enquiry Act. Instead, it was given to then-Governor Droupadi Murmu (now President), who forwarded it to the Assembly Speaker. As a result, the government claims it does not officially possess the report.
A new commission, led by retired Supreme Court judge Justice S J Mukhopadhyay, was later formed to address issues raised by the previous commission.
Notably, the State government had constituted Justice Mukhopadhyay commission in the light of the Advocate General’s opinion, sought by the Assembly speaker. Its mandate was to examine the legal issues that may crop up if the Assembly acts on the report of the late Vikramaditya Prasad commission, which is said to have made adverse comments on the role of three successive speakers and several assembly officers.
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The case
Shiv Shankar Sharma had filed a public interest litigation in this matter. It has been said in the petition that there were irregularities in the appointments made in the Assembly between 2005 and 2007.
During the tenure of Alamgir Alam, a CD involving the issue of money transactions had come to the fore. The then Governor Syed Sibte Razi had ordered an inquiry. Retired Justice Loknath Prasad first conducted the investigation, and then Retired Justice Vikramaditya Prasad got the responsibility for the investigation. In the year 2018, Justice Vikramaditya submitted the investigation report to the then Governor Droupadi Murmu (currently the President).
The report accuses Namdhari, Alam, and several officials of irregularities, nepotism, and favouritism in appointments in the assembly during their tenures. It also says that the appointments were more than the number required.
Murmu sent the inquiry report to the Legislative Assembly for action. She had also recommended a CBI probe into the CD episode.
Sharma’s lawyer Rajiv Kumar contended that the Assembly was sitting over the Commission’s report as well as the governor’s recommendation.
