The Odisha High Court has lambasted the Naveen Patnaik government for hounding CRPF DG Prakash Mishra “with a predetermined agenda to implicate” him in a fabricated corruption case registered during his earlier posting in the state.
“…There is no manner of doubt that vigilance authorities have proceeded in the matter with a predetermined agenda to implicate the petitions, more specifically the writ petitioner Prakash Mishra, irrespective of whether any material is available to substantiate the allegations,” Justice S C Parija wrote in his strong worded recent judgement clearing indicting the Patnaik regime.
Odisha Chief Minister Shri Naveen Patnaik had forwarded the matter to state vigilance chief to hold an inquiry against the 1977-batch IPS officer Mishra, who had served even as the DGP Odisha before the state put him under the scanner.
A corruption case was registered against Mishra, who was the Odisha Police Housing and Welfare Corporation chief in 2006, last September on charges of doling out undue pecuniary favour” to suppliers of steel and cement. He was accused of giving 100 per cent payment to the contractors without taking board clearance and taking security deposit.
Mishra had challenged the case in the Orissa Highy Court. “…The wilful inaction of the director vigilance in not ensuring free, fair and proper inquiry into the matter and allowing the report of a sham enquiry to be accepted and giving his consent for seeking approval of the state government for registration of criminal case against petitioner clearly shows that he was more concerned in exhibiting his loyalty to the ruling political establishment, akin to the old British adage of “more loyal than the King”, the court ruled.
Allowing the inquiry to continue would be an “abuse of the process of court and result in serious miscarriage of justice”, the court said while quashing all the charges against the CRPF DG.
Justice Parija also commented that it is not very common in our country that honest and upright public servants with impeccable integrity and having impeccable track record are often hounded by the ruling political establishment for extraneous considerations.
Leaders unhappy
The lawyers of Mishra had argued, as per the judgement, that the ruling political establishment were not very happy with his strict and upright way of functioning and in order to avoid any clash with political establishment in power, the IPS officer had applied to the state for being relieved for central deputation which it agreed and recommended his name for a deputation on December 18, 2013.
Due to general elections, he could not be relieved. After the results were declared, the state strangely withdrew its decision to send him on deputation to the Centre on 28.5.2014 on the grounds of shortage of IPS officers.
But when the Center enquired about the facts, the state shunted him out from the DGP post and made him state road transport corporation chief – a slot which was never under the police.
Though the state insisted that there was a vigilance inquiry pending against Mishra, the ministry of home affairs ignored it and ensured that Mishra was relieved and subsequently made special secretary (internal security) in the ministry.
Later he was made the DG CRPF. The court felt that allegations were false and baseless and made to victimize Mishra.
No material has been produced to prove that the petitioner had any dishonest intention in giving 100 per cent payments.
In fact, it appreciated steps taken to make the purchase procedure more transparent and obtain it directly from the manufacturers.
Minor instance of some suppliers not delivering on time could not be construed as an offence committed by Mishra and others, the high court judge stated.
Prasanta Patnaik