Government orders: Misinterpretation of – High Court stayed all the further proceedings pursuant to the GO’s – Correctness of – On facts, by virtue of G.O., the State Government appointed a Cabinet Sub-Committee to examine the allegations of corruption against members of the erstwhile Government – Resolution to hand over investigation to CBI/CID/Lokayukta – By virtue of the second G.O., the State set up the SIT to undertake an investigation of these allegations – Subsequently based upon the letter of SIT, the State Government requested the Central Government to refer the matter to the CBI – Writ petitions challenging the GO’s – Applications by the State for the impleadment of the Union of India and the Enforcement Directorate, rejected by the High Court – Thereafter, byway of interim order, the High Court stayed all the further proceedings pursuant to the GOs – On appeal, held: High Court misinterpreted the G.Os – G.Os cannot be said to be overturning the earlier decisions taken by the previous Government and/or to review the decisions taken by the previous Government – Sub-Committee and the SIT have been constituted to inquire into the allegations of acts of corruption and misfeasance of the previous Government – High Court did not consider that the appellant had made a request to the Central Government to refer the matter to the CBI followed by the consent given – High Court ought not to have granted an interim stay – Matter is at a premature nascent stage – Also the Union of India is a proper and necessary party to be arrayed as a respondent in the writ petitions – High Court to dispose of the writ petitions within the stipulated period – Stay – Interim order.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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