Vaidynathier Ramaswami JUDGMENT
M. Hidayatullah, J.
1. This is a petition under s. 527 of the Code of Criminal Procedure for the transfer of a criminal case (No. 2 of 1964 - State v. Gurcharan Dass Chadha I.P.S.) which is pending in the Court or the Special Judge, Bharatpur, Rajasthan to another criminal court of equal or superior jurisdiction subordinate to a High Court other than the High Court of Rajasthan. The petitioner is the accused in that case and he is being tried under Sections 120B/161, Indian Penal Code and s. 5(1)(a)(d) and 5(2) of the Prevention of Corruption Act.
2. The petitioner is a member of an All India Service and his prosecution has been sanctioned by the Government of India. In December, 1962, he was serving as Superintendent of Police and was selected to be Commandant of 8th Battalion of Rajasthan Armed Constabulary. He avers that he took over as Commandant on January 7, 1963 but was placed under suspension the same day and a case was registered on January 12, 1963 which has resulted in the present prosecution against him. The petitioner apprehends for reasons to be stated presently that he is not likely to get a fair, just and impartial trial in the State of Rajasthan owing to the hostility and influence of the then Law Minister who was also Minister incharge of Home Department of the State, the Additional Inspector General of Police, Anti-Corruption, and the Deputy Inspector General of Police, Ajmer Range, Jaipur. In support of his petition he has referred to many incidents and filed many documents. He has sworn an affidavit that he entertains an apprehension that these persons would interfere with the trial of the case in the State of Rajasthan and that a transfer of the case outside the State is in the interest of justice.
3. The State Government has opposed the application strenuously and has questioned the jurisdiction of this Court to transfer under the powers conferred on it by s. 527 Code of Criminal Procedure a case made over by the Government of the State of Rajasthan for trial to a Special Judge under the Criminal Law Amendment Act, 1952 (Act 46 of 1962). In addition, the State Government joins issue on the facts alleged and the merits of the claim for the transfer of the case.
4. While this petition was pending the State Government served the petitioner with a notice and a charge-sheet to show cause why he should not be proceeded against for breach of Rule No. 8 of the All India Services (Conduct) Rules, 1954, because he had communicated "directly/indirectly official documents and information to Government servants/other persons to whom he was not authorised to communicate such documents/information" as indicated and detailed in a statement of allegations accompanying the notice and the charge. The State Government has appended to this charge two appendices giving details of 31 and 16 documents respectively, which wer........