Justice (Retd) Patnaik not on same page as CVC, claims Alok Verma, ousted CBI chief in his resignation letter

Justice (Retd) AK Patnaik apparently informed the Supreme Court that the findings/conclusions of the report submitted by the CVC to the Supreme Court in a sealed cover were not his. The startling claim was made by the ousted CBI Director Alok Verma in his letter of resignation sent on Friday to secretary (Personnel), C Chandramouli.

In the letter the ousted CBI chief also points out that the complainant, in this case Special Director Rakesh Asthana, never appeared before Justice Patnaik who was supervising the inquiry.

In sharp contrast, retired Supreme Court judge Markandey Katju in a facebook post has quoted Justice A.K. Sikri as saying that in view of the CVC’s finding that some charges against Verma had been substantiated, he concurred with the Prime Minister that Verma should not be allowed to continue in his post.

It has already been reported that the CVC did not find any evidence of bribe paid to Verma. It also mentions in his report that six of the ten charges remained unsubstantiated.

Reports are that Alok Verma is under pressure to keep quiet and not to speak on the controversy.

Here is the text of the letter Verma sent to Secretary (Personnel):

Subject - Reg. Office order dated January 10, 2019

Vide order dated 10th of January 2019, the undersigned has been posted as the Director General, Fire Services, Civil Defence and Home Guards and transferred out of the Central Bureau of Investigation.

1. The Selection Committee has not provided the undersigned an opportunity to explain the details as recorded by the CVC before arriving at the decision. Natural justice was scuttled and the entire process was turned upside down in ensuring that the undersigned is removed from the post of the Director CBI. The Selection Committee did not consider the fact that the entire CVC report is premised on charges alluded by a complainant who is presently under investigation by the CBI. It may be noted that the CVC only forwarded a purportedly signed statement of the complainant, and the complainant never came before Hon'ble Justice (Retd.) A.K. Patnaik (supervising the enquiry). Also, Justice Patnaik has concluded that the findings/ conclusions of the report are not his.
2. Institutions are one of the strongest and most visible symbols of our democracy and it is no exaggeration that the CBI is one of the most important organisations in India today. The decision made yesterday will not just be a reflection on my functioning but will become a testimony on how the CBI as an institution will be treated by any government through the CVC, who is appointed by majority members of the ruling government. This is a moment for collective introspection, to state the least.
3. As a career bureaucrat, it is the idea of my integrity that has been the driving force for four decades in public service. I have served the Indian Police Service with an unblemished record and have headed police forces in Andaman & Nicobar Islands, Puducherry, Mizoram, Delhi and also headed two organisations Delhi Prisons and the CBI. I have been lucky to have received the invaluable support from the forces that I have headed, which resulted in outstanding achievements having a direct bearing on the performance of the force and their welfare. I would like to thank the Indian Police Service and especially the organisations that I have served.
4. Also, it may be noted that the undersigned would have already superannuated as on July 31, 2017 and was only serving the Government as Director. CBI till January 31 2019, as the same was a fixed tenure role. The undersigned is no longer Director, CBI and has already crossed his superannuation age for DG Fire Services, Civil Defence & Home Guards. Accordingly, the undersigned may be deemed as superannuated with effect from today.