In a major setback to the Naveen Patnaik dispensation in its design to prevent senior Odia IPS officer Prakash Mishra from becoming CBI Director by slapping a Vigilance case against him, the Odisha High Court on Wednesday clarified that the graft case proceeding shall not be an impediment for Mishra to hold any Central Government assignment.
The High Court also extended the interim protection it had granted to Mishra on October 13 for an indefinite period, thereby restraining the State Government from taking any coercive action against the 977-batch IPS officer, who is now working as Special Secretary (Internal Security) in Union Home Ministry.
In an apparent move to delay a ruling in the case, the State Government sought more time from the court to submit the case diary of the FIR lodged against Mishra.The State Government’s course of action was viewed as an effort to delay a verdict on Mishra’s petition beyond November 2 when the departmental promotion committee (DPC) is likely to meet in New Delhi to take a call on the appointment of the next CBI Director, foe which Mishra is in the race.
Disposing of a miscellaneous petition filed by Mishra, in which it is contended that the untimely Vigilance salvo against him is aimed at stalling his prospects to be the next CBI Director, a single-judge Bench of Justice SC Parija on Wednesday granted a major relief to him.The court said, “It is clarified that the pendency of the present criminal proceeding shall not be a bar for considering the case of the petitioner for any other assignment and/or post under the Government of India, which shall be subject to the result of the writ petition.”
The High Court adjourned the hearing of Mishra’s writ petition to November 17 when the Vigilance counsel sought two weeks more to submit the counter-affidavit and the case diary (CD). Mishra in his writ has urged the HC to stay the investigation and quashing of the FIR registered against him by the Bhubaneswar Vigilance PS.
The State Vigilance Directorate last month filed the case against Mishra for allegedly showing undue favour to some steel and cement suppliers during his tenure as CMD of the Odisha State Police Housing and Welfare Corporation in 2006-09.The FIR alleged that Mishra had illegally usurped financial power of the corporation and made hundred per cent advances to the suppliers to the tune of Rs57.86 crore violating the Odisha PWD Code.
The FIR also went on to accuse Mishra that his act has incurred a loss of Rs7.27 crore to the State exchequer as the same amount remained un-reconciled till date.Sources had also indicated that the Vigilance Directorate was planning to slap half a dozen more cases against Mishra for his alleged dubious role in recruitment and transfer of policemen during his tenure as the DGP between July 2012 and July 2014.