LexSH. P.K. DAVE versus PEOPLES UNION OF CIVIL LIBERTIES (DELHI) AND ORS.
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A SH. P.K. DA VE v. PEOPLES UNION OF CIVIL LIBERTIES (DELHI) AND ORS. MAY 10, 1996 B [S.C. AGRAWAL AND G.B. PATTANAlK, JJ.J Co11stitutio11 of India, 1950 : Articles 32, 136, and 226. Strictures-&punction of-Alleged commission of gross financial ir- C regularities by Director of Govemment Hospitaf-Lt. Govemor of Administra- tion refused lo swpend him or even shift him at the instance of Principal Secretary to the Prime Minister-Writ petition filed in High Court for his swpension and institution of criminal case agai11st him-High Court passed st1ictures agai11st Lt. Govemor obseiving his decision as illegal, i1rational, unreasonable, arbitrary, ma/a fide, abuse of power and dictated by Principal D Secretwy-Held : ma/a fides against constitutional functionaTy-Attribution of-Should be avoided unless a clear case was made out and if relief sought for could be granted without such attribution-Strictures justified except words 'niala [ides', 'abuse of power' and 'dictated'-Hence, these words ex- punged-Judicial strictures. E Strictures passed by High Cowt-Against person neither arrayed as party respondent nor afforded opportunity of hearing-E:xpunction of-Held: by itself not sufficient to expunge strictures when material on record justified such strictures. F St1ictures passed hy High Court-Against Govemment authority-On G the basis of scmtiny of notings in office files-Held: such strictures could not be e:ipunged merely on this ground. Certain complaints had been received by the Department of Revenue (Intelligence) against the financial irregularities committed by the Direc- tor of a Government Hospital. On receipt o[ such complaints various searches were conducted and several incriminating documents were seized. Tuo committees appointed by the Administration also confirmed the financial irregularities. The Health Secretary to the Administration after apprising the appellant-Lt. Governor about the matter had put up a note H stating that the said Director had played a major role in defrauding the 770 - P.K. DAVE v. PEOPLES UNION OF CIVIL LIBERTIES DELHI 771 Government and recommended his suspension or his shifting from the A Hospital which would facilitate a fair and impartial enquiry/investigation by the crime branch. TI1e Chief Secretary did not agree mth the suggestion to suspend the Director but agreed mth the alternate suggestion to transfer him. Immediately after the Health Secretary had put up his note the Principal Secretary to the Prime Minister directed the Special Secretary in the Ministry of Home Affairs to pre-empt the Administration from taking any action against the said Director. The Special Secretary then talked to the Health Secretary as well as the Chief Secretary of the Administration. Pursuant to B the further direction of the Principal Secretary to the PM to advise the Administration in writing that no action should be taken in the case, the Special Secretary telephonically apprised the appellant-Lt. Governor and then C sent a DO Letter to the Chief Secretary. TI1e appellant did not agree mth the suggestions of the Health Secretary and the Chief Secretary and passed orders that until CBI made a suggestion after enquiring either for suspending or shifting the Director he could not be shifted. Accordingly the Director was permitted to continue in his oflice. The respondent filed a \.\Tit petition as public interest litigation before the High Court alleging massive financial fraud perpetrated by the Director of the Hospital involving more than Rs. 39 crores and the loss thereby caused to the public exchequer. The grievance was that no action was being taken and on the other hand he was being shielded and in the process he was obliterating the evidence by destroying the relevant tiles. It was therefore prayed that he should be immediately suspended and a regular criminal case should be registered against him under the Preven- tion of Corruption Act, 1947 and the authorities should recover from him the public money wasted on account of the alleged culpabale act. In the proceedings the appellant-Lt. Governor had not been arrayed as a party respondent but the State through the Chief Secretary and the Union of India through Secretary, Ministry of Health had been arrayed as party respondent apart from the said Director. D E F The High Court in its judgment made certain strictures against the G appellant-Lt. Governor obsen'ing his decision n
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