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Centre told to revoke Bezbaruah's transfer

The Supreme Court today virtually forced the Union government to declare that it would revoke the controversial August 13 order transferring M K Bezbaruah and reinstate him as enforcement director.

The statement was made on behalf of the Union government by Solicitor General Santosh Hegde before a three-judge bench, comprising Justices S P Bharucha, G T Nanavati and B N Kirpal, after amending a fresh written submission filed by the government since the original one was not accepted by the court.

The court in its order said, ''The Union of India submits that despite the position of law as explained in the earlier part of the written submission and to establish that the impugned transfer was not made with any ulterior motive, it shall revoke the impugned order dated August 13, 1998 of transfer of Bezbaruah with immediate effect and post him in his earlier position as the enforcement director.

''The continuance of Bezbaruah as enforcement director, his transfer or replacement, will be decided by the select committee in accordance with law. Amicus curiae Anil Divan does not accept the position as stated in paragraph one to four of the written submission made by the Union of India.

''In view of this categorical statement in paragraph five of the said written submission, we do not go into the correctness of what is stated in paras one to four thereof and shall not be taken to have endorsed or approved the correctness of the same.

''In view of the statement in para five of the said written submission, no order of the court is called for except that we direct the Union of India to give effect forthwith to the statement.''

The judges also dismissed as withdrawn a writ petition challenging an ordinance issued recently giving statutory status to the Central Vigilance Commission.

The issue of Bezbaruah's controversial transfer was raised by Divan during the proceedings in the multi-billion rupees Indian Bank scam.

Earlier, Hegde read out para five of the written submission which said, ''Despite the position in law as explained earlier and to establish the bonafides that the order of transfer was not made with an ulterior motive, the Union of India is willing to take back Bezbaruah as enforcement director.

''His continuance, transfer or replacement shall be decided by the select committee,'' it said.

''This is not enough. The impugned order must be revoked with immediate effect and he should be reinstated as enforcement director,'' Justice Bharucha observed.

The court asked Hegde either to amend para five of the written submission suitably or else, it would make necessary changes in this regard.

In view of the court's observation, Hegde amended para five of the submission in three attempts which was ultimately incorporated by the court in its final order.

During yesterday's hearing, the judges had expressed the court's ''utter dissatisfaction'' with the government affidavit justifying Bezbaruah's transfer.

UNI

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PM upset with handling of Bezbaruah case

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