Nagpur: Considering the experience and reputation of Justice J N Patel (Retd.), Justice Sunil Shukre and Justice G A Sanap at the Nagpur Bench of Bombay High Court granted permission to the State Government proposal to nominate the said Judge to head the inquiry into the Nagpur District Central Co-operative Bank (NDCCB) scam.
This proposal was communicated by the State Government to the Additional Government Pleader on July 13, 2022. In a civil application filed by Omprakash Bhaurao Kamdi and other persons in his PIL filed in 2014 and is already decided, respondent former Minister Sunil Kedar has voiced apprehension that he may not get justice at the hands of the Minister before whom an appeal would lie against the findings recorded in the inquiry headed by Justice Patel. Kedar claimed that since the name of the Inquiry Officer is so big that no Minister would like to differ with the findings recorded by him.
Rejecting this submission, the Court has stated that the apprehension is not founded on any reasonable basis. Besides, to say that the Government will buckle under pressure of some name is to undermine the independence of the appellate authority. Even otherwise, the said respondent cannot be heard to say something which is no less than casting aspersion on the capacity of the Appellate Authority in absence of that authority before the Court, which has surprised the Court.
The respondent-Bank’s counsel submitted that in the event of Justice Patel appointed as Inquiry Officer, his fee and other expenses should not be saddled on the Bank. In response to this, the Court said that it is something which is within the domain of the State Government and it is for the Government to take an appropriate decision on this aspect of the matter.
Senior Counsel M G Bhangde appeared for the original petitioners/applicants. AGP M K Pathan (State), Senior Counsel M V Samarth (Bank) and A A Naik represented the respondents.
