Shiv Shankar Sharma vs State Of Jharkhand & Ors

Sujit Narayan Prasad , J

Reference may be made to order dated 17.05.2022, which reads as under:

“We are intrigued to note that a counter affidavit has been filed on behalf of the State having sworn by the Deputy Commissioner, Ranchi, even though he is not a party to this proceeding. He has stated in paragraph 19 that the statements made in paragraph nos. 1 to 6 and 8 to 18 are true to his knowledge and only those made in paragraph 7 are true to the information derived from the record.

Let him explain how he is having a personal knowledge of all those things which have been stated in paragraph nos. 1 to 6 and 8 to 18.

Accordingly, let the State also explain as to why none of the parties has sworn the affidavit and why the Deputy Commissioner of Ranchi district has been chosen to swear affidavit on behalf of the State. Let this also should come on affidavit.

As prayed, the learned counsel for the petitioner may also file a rejoinder to the reply filed by the Deputy Commissioner, Ranchi to I.A. No. 2717 of 2022.

Accordingly, as prayed, let this matter be also posted day-after tomorrow (19.05.2022) at 10.30 a.m. side by side W.P. (PIL) No. 4290 of 2021 under the Video Conferencing mode.”

It appears from the aforesaid order that two-fold orders were passed by this Court; (i).Explanation was sought for from the Deputy Commissioner, Ranchi that how he is having personal knowledge of all those things which have been stated in paragraph nos. 1 to 6 and 8 to 18; and (ii).The State was directed to explain as to why none of the parties has sworn the affidavit and why the Deputy Commissioner of Ranchi district has been chosen to swear affidavit on behalf of State.

Pursuant to the order passed by this Court, affidavit has been filed by the Deputy Commissioner, Ranchi.

We, after going through the aforesaid affidavit, have found that the explanation has been furnished making the statement that Oath No. 10078 filed on 05.05.2022 was sworn by the Deputy Commissioner, Ranchi as he was holding the post of Authorized officer under relevant Rule.

At this stage, learned counsel for the writ petitioner has submitted that deponent of Oath No. 11167 dated 18.05.2022, who is holding the post of Deputy Commissioner, Ranchi is an accused in Markacho P.S. Case No. 83 of 2015, which was later on taken over by the Anti Corruption Bureau and Vigilance Case No. 1 of 2016, arising out of Vigilance P.S. Case No. 76 of 2015 has been instituted, which is pending before the Vigilance Judge, Ranchi.

It has been informed that the deponent has though been granted anticipatory bail by the Bench of this Court and one Cr. M.P. No. 3317 of 2021 has also been filed on 21.12.2021, which is pending before a Bench of this Court.

Learned counsel for the petitioner, on this backdrop, has raised a question as to whether a person who is an accused, under certain provisions of Prevention of Corruption Act, though on bail, can be considered to be competent authority for filing such affidavit on behalf of State of Jharkhand?

In view thereof, let a personal affidavit be filed by the deponent of Oath No. 11167 dated 18.05.2022, informing this Court by way of filing affidavit as to whether he is accused in Markacho P.S. Case No. 83 of 2015, which was later on taken over by the Anti Corruption Bureau and Vigilance Case No. 1 of 2016, arising out of Vigilance P.S. Case No. 76 of 2015 has been instituted, which is pending before the Vigilance Judge, Ranchi and also as to what is the stage of the case.

Accordingly, list this case on 24th May, 2022 at 11.00 A.M. to be heard through Video Conferencing Mode.