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Judgment
Sanjay Kumar (CJ)
[1] The Central Bureau of Investigation (CBI) seeks review of the order dated 02-08-2021 passed in MC(WA) No. 50 of 2021 (Ref: WA No. 19 of 2017). Thereby, this Court allowed further extension of time by six months, from that day, to complete the investigation as directed in the common order dated 18-10-2019 passed in WA No. 19 of 2017 and batch. It was also made clear that no further application for extension of time would be entertained. However, the CBI is back once again with this review petition, seeking extension of time by another six months to complete the investigation.
[2] Heard Mr. W. Darakishwor, learned Sr. PCCG, appearing for the review petitioner, and Mr. R.S. Reisang, learned senior counsel, appearing for the Manipur Public Service Commission (MPSC). As the other respondents in this review petition have nothing to contribute in the context of the prayer made by the CBI, it would not be necessary to put them on notice or afford them an opportunity of hearing.
[3] WA No. 19 of 2017 and batch pertained to the validity and correctness of the examination conducted by the MPSC, viz. the Manipur Civil Services Combined Competitive Examination, held in the year 2016. By the common order dated 18-10-2019 passed in the batch of cases, this Court quashed and set aside the said examination leaving it open to the MPSC to conduct an examination afresh. Further, the CBI was directed to investigate into the conduct of the examination by the MPSC within a period of three months from the date of receipt of a copy of the said order and, thereafter, take appropriate action in accordance with law.
[4] However, it appears that the CBI registered a case in RC.2A2020-IMP only on 31-01-2020 under Sections 420, 468, 471 r/w Section 120B IPC and Section 13(2) r/w Section 13(1)(d) of the Prevention of Corruption Act, 1988. The first extension of time, by six months, was granted to the CBI vide order dated 21-02-2020 passed in MC(WA) No. 17 of 2020. Thereafter, the CBI obtained extension after extension, culminating in the last extension by the order dated 02-08-2021, review of which is sought presently.
[5] The review petition discloses that all the relevant documents, including 8162 original answer scripts, have been seized by the CBI. The answer scripts of 82 successful candidates and 125 unsuccessful candidates were sent to the North Eastern Hill University, Shillong, in September, 2020, for re-evaluation and expert opinion. However, a response was received from the University only in September, 2021. Details were also furnished of the persons who were already examined and it was stated that thirteen more examiners, who had evaluated the answer scripts, were yet to be examined. Mr. W. Darakishwor, learned Sr. PCCG, would state that after the filing of this review petition, some more witnesses were examined. He would assert that, given one last extension, the CBI would complete the inquiry and take appropriate action in the matter.
[6] It is indeed distressing to note that an order passed as long back as on 18-10-2019 fixing a time frame for completion of the investigation by the CBI is yet to be complied with. More than two and a half years have elapsed since then but the CBI is still in the process of conducting the investigation. No doubt, the onset of COVID-19 pandemic played a major role in slowing down the progress of the investigation, but an investigating agency of the stature of the CBI cannot drag its feet when a temporal mandate has been visited upon it by a Constitutional Court. Needless to state, delay in an inquiry of this nature would be ultimately counterproductive as witnesses may conveniently state that they no longer remember what happened long ago. To curtail the exercise from becoming one in futility, it is necessary that the CBI do the needful at least within the time granted now.
[7] The review petition is accordingly allowed. The CBI shall complete the investigation and take appropriate action in the matter by 31-10-2022 without fail.
[8] Be it noted that the prayer in the review petition was for six months from 03-02-2022, but we are granting more time as a last opportunity for the CBI to show its bonafides in complying with the Court directions. Needless to state, the CBI shall not approach this Court hereinafter seeking some more time in this regard.