Ajay Mohan Goel, Judge:

1. By way of this writ petition, the petitioner has, inter alia, prayed for the following reliefs:-

“a. To issue a writ of mandamus or any other appropriate writ, order of direction transferring the case/investigation into suspicious death/murder of Late Shri Vimal Negi in Case FIR No.9/2025 dated 19.03.2025 under Section 108, 3(5) of Bhartiya Nyay Sanhita registered at Police Station New Shimla District Shimla (HP) to the CBI with immediate effect.

b. Directing State Police to handover all relevant documents/record and evidence to the CBI.”

2. The case set up by the petitioner is that her husband was serving as a General Manager at the Headquarters of H.P. Power Corporation Limited (hereinafter referred to as “the HPPCL”). He was serving with the HPPCL as such for last 8 to 9 months, as from the date of his sudden disappearance. On 10th of March, 2025, her husband Sh. Vimal Negi went missing under suspicious circumstances during duty hours. His body was recovered from Govind Sagar Lake, District Bilaspur, Himachal Pradesh on 18.03.2025. The circumstances, in which, the body was recovered raised serious doubts about the cause of his death. An FIR was lodged on 19.03.2025 at New Shimla Police Station, copy whereof is appended with the petition as Annexure P-2. In this FIR, it was categorically mentioned that Senior Officers of HPPCL, namely, Harikesh Meena, Managing Director; Shivam Pratap Singh, Director (Personal and Finance) and Desh Raj, Director (Electrical) had subjected the husband of the petitioner to continuous mental harassment by pressurizing him to improperly process and recommend files related to Power Projects which led to his suspicious death. FIR No.9/2025 dated 19.03.2025, was registered under Section 108 read with Section 3(5) of the Bhartiya Nyaya Sanhita, 2023. According to the petitioner, till the filing of the writ petition, Shimla Police had neither interrogated the Officers mentioned in the FIR nor arrested them. Though the anticipatory bail filed by Desh Raj, one of the accused persons, was rejected by the High Court on 26.03.2025, yet no steps were taken to apprehend him. He alongwith other accused continued to move freely without any fear of arrest. Shimla Police as well as the State Government was actively shielding the accused persons to prevent exposure of financial irregularities and corruption in HPPCL Power Projects. It is further the case of the petitioner that Desh Raj filed a petition seeking interim bail before Hon’ble the Supreme Court and when the case was listed on 04.04.2025, none appeared on behalf of the State to oppose the bail application filed by Desh Raj. As per the petitioner, the conduct of the State Government reflected unwillingness on its part to conduct a fair investigation and the intent was to suppress the case. According to the petitioner, deceased Vimal Negi, had highlighted instances of corruption in HPPCL including the allocation of a Solar Power Project. Whereas a Project of the capacity of 135 MW in Gujarat was awarded for Rs.144 Crore, a Project of lesser capacity, i.e. 32 MW was awarded in Himachal Pradesh for Rs.220 Crore during the same period. Deceased Vimal Negl had also sought his transfer from HPPCL, for which, the petitioner alogwith her brother had approached public representative also, but accused obstructed the transfer of her husband. Two months preceding his death, her husband was under extreme stress and he had warned the petitioner that if any untoward incident happens to him, then, Officers, namely, Harikesh Meena, Shivam Pratap Singh and Desh Raj would be responsible for it.

3. In order to highlight that the investigation was not being carried out in a fair and transparent manner, it is mentioned in the writ petition that the body of the deceased was recovered near Ghag in Distt. Bilaspur on 18th March, 2025 and on 19th March, 2025, the body was sent to All India Institute of Medical Sciences Bilaspur for post mortem examination. The post mortem report revealed that death of Sh. Vimal Negi had occurred approximately 5-6 days prior to the date of examination, placing the date of death in and around 12th/13th March, 2025. According to the petitioner, Sh. Vimal Negi was missing since 10.03.2025, yet police was categorizing the case as a simple suicide case and was conducting the investigation solely on this premise. Police was, thus, failing to take into account other possibilities including the potential that the death may be a result of foul play or murder. According to the petitioner, the family of the deceased had consistently maintained since the outset that Sh. Vimal Negi must have met with some form of mishap or harm. However, their concerns were not adequately addressed/redressed or investigated by the police. The critical gap of 2 to 3 days between 10th March, 2025, that is the date on which Sh. Vimal Negi went missing and the estimated date of his death during which his whereabouts and activities remained unknown, was not sufficiently explored by the investigating authorities.

4. As per the petitioner, Sh. Vimal Negi was being subjected to harassment by certain superiors and colleagues of his, on account of Sh. Vimal Negi refusing to comply with their illegal demands and these individuals, who had subjected him to harassment, upon his refusal to comply with their illegal demands might have murdered him. According to the petitioner, these serious allegations were not being investigated by the police and police had failed to broaden the scope of investigation to include the possibility of murder or to probe the allegations of harassment, abduction and foul play. All this clearly demonstrated that the investigation was not being carried out in a proper manner and would be unable to uncover the truth and the same accordingly entailed an impartial enquiry by the Central Bureau of Investigation. It is further averred in the writ petition that the investigation team of the State Police comprised of officials, who were under the influence of State Government and who predominantly hail from the same District from which Desh Raj hails. As per the petitioner, this raised concerns of biasness and impartiality. Though, assurance was given to the family members of the deceased that a thorough investigation in the mysterious death of Sh. Vimal Negi shall be conducted and completed within 15 days, yet, no progress was being made in the matter. Inaction on the part of police was raising serious concerns as their conduct was not directed towards a fair investigation. The endeavour of police was more towards concealing facts, which was improper and contrary to the principles of law and justice. According to the petitioner, the Police Officials entrusted with the probe had demonstrated a lack of transparency and were committing procedural irregularities, including but not limited to failure to preserve crucial evidence, which was casting significant doubts on their intent and capacity to uncover the truth. According to the petitioner, as there was involvement of influential persons in the case, she apprehended that investigation if left in the hands of local police, might be compromised or influenced. The accused included three high ranking Officers, whose reach and authority extended to the Government Officials and Police Department which was further compounding the apprehension of the petitioner of an impartial investigation. As per the petitioner, there were serious allegations that accused coerced late Sh. Vimal Negi into committing financial irregularities related to Pekhubela Solar Power Project under HPPCL. Despite repeated requests to the Police Department to investigate the case from this particular angle, no meaningful progress was being made as the investigation appeared to be mired in irrelevant pursuits simply to delay justice. Neither any interrogation was conducted of the three accused nor there appeared to be any intent of the police team to do so. The ongoing police investigation had raised eyebrows due to its suspicious handling of the case. At no stage, the family of the deceased had given any statement that they were satisfied with the ongoing investigation. The Investigating Officer had failed to record the statements of prime witnesses, whose testimonies were pivotal for establishing the foundational facts of the case. It is further averred in the petition that the allegations raised by the petitioner were corroborated by the employees of the HPPCL, which clearly demonstrated that undue pressure was exerted on late Sh. Vimal Negi by the accused as well as of his harassment on account of the mismanagement within the HPPCL over the last 6 months. Primarily, on these basis, the petitioner has approached this Court praying for the reliefs already mentioned hereinabove.

5. When this case was listed on 22.04.2025, the following order was passed by the Court:-

“Notice. Mr. Pushpender Jaswal, learned Additional Advocate General and Mr. Hamender Singh Chandel, learned Counsel, accept notice on behalf of respondents No. 1, 3 and 4 & respondent No. 2, respectively. As prayed for, list on 20.05.2025. Reply to the writ petition be filed by the respondents in the meanwhile. Respondents No. 1, 3 and 4 shall also file independent status reports intimating the Court as to what action has been taken/investigation has been carried out by the said respondents till date in the matter.

CMP No. 8140 of 2025

This application is disposed of with the direction that the applicant shall file translated copies of documents in question within a period of three weeks.”

6. In compliance thereto, when the case was taken up for further consideration on 20.05.2025, a status report was filed in a sealed cover by the Director General of Police in the Court itself. In addition, a status report by way of an affidavit was filed by Superintendent of Police Shimla and an affidavit was also filed by Additional Chief Secretary (Home) to the Government of Himachal Pradesh. On the direction of this Court, learned Advocate General made available for the perusal of the Court the final enquiry report submitted by Additional Chief Secretary (Home) to the Government of Himachal Pradesh dated 08.05.2025, which was prepared by him in terms of the order passed by the Department of MPP and Power on 19.03.2025.

7. At this stage, I will briefly refer to the said affidavits and the status report.

8. The affidavit/status report filed by Additional Chief Secretary (Home) and Revenue to the Government of Himachal Pradesh states that the Department of MPP and Power vide order dated 19.03.2025 had assigned him an enquiry in following terms:-

“While the police is inquiring into the circumstances of death of Shri Negi, it is necessary togo deeper into the issues regarding allegations against the anagement of HPPCL. The following is therefore immediately ordered:

1) That Shri Onkar Chand Sharma, ACS (Home/Revenue) will hold an in-depth inquiry. He will associate the family members, employees and anybody else who wish to give his or her inputs. He will submit his inquiry report within a period of 15 days from today

… ”

9. Pursuant thereto, he initiated the fact finding enquiry into the unfortunate death of Sh. Vimal Negi. In the spirit of the order issued by the Government of Himachal Pradesh dated 19.03.2025, he gave vide publicity qua the fact finding enquiry, enabling the employees of HPPCL or anyone else to give inputs. Pursuant thereto, employees of HPPCL and independent persons as well as concerned Officers against whom allegations were levelled, appeared before him during the course of fact finding enquiry on different dates. The fact finding enquiry was stated to be in the possession of MPP and Power Department. It is further mentioned in the affidavit that Department of MPP and Power vide letter dated 14.04.2025 reverted the matter/enquiry report back to him to put the statements/allegations to the affected Officers to reach to a fair fact finding within 15 days. However, he did not consider it proper to review the earlier enquiry report as he had already concluded the fact finding enquiry as per the established procedure after due application of mind to the best of his knowledge and ability. In this affidavit, the Officer states that to the best of his knowledge and ability there was no justifiable reason to review the earlier enquiry report and further in the fact finding enquiry otherwise also, there is no procedure for giving opportunity to the delinquent officers/officials to cross examine the witnesses in the fact finding enquiry.

10. The fact finding enquiry report submitted by the said Officer was made available for the perusal of the Court by the learned Advocate General on the direction passed by the Court. When learned Senior Counsel for the petitioner prayed that copy thereof be made available for the perusal of the petitioner also, the same was opposed by the learned Advocate General on the ground that the report was still pending consideration before the Government. This Court has minutely perused the fact finding report filed by the Additional Chief Secretary (Home) and a photocopy thereof has also been ordered to be made part of the record in terms of the order passed by this Court on 21.05.2025.

11. The analysis of oral as well as documentary evidence and the role of three Officers, namely, Harikesh Meena, IAS, Shivam Pratap Singh, IAS and Desh Raj, Director (Electrical) has been culled out by the Officer in his report as under:-

“….23. I have carefully gone through the statements of witnesses as well as the statements of three officers referred to above of HPPCL, Shimla, including the records taken in possession which form part of this inquiry. I have also given thoughtful consideration to the facts and circumstances of the case and my observations/findings are as under:-

24. A careful and minute scrutiny of the statement of complainant, wife of deceased late Shri Vimal Negi, duly corroborated by other officials' witnesses of HPPCL, Corporate Office, Shimla, goes to show that the deceased late Shri Vimal Negi, General Manager, was under pressure and stress for the under mentioned reasons.

(a) It has come during the course of inquiry that the deceased late Shri Vimal Negi was being subjected to harassment by Shri Desh Raj, Director (Electrical), under suspension of HPPCL, Corporate Office, Shimla. It has further come in evidence during the course of present fact finding inquiry that the deceased late Shri Vimal Negi was being frequently called from his office chamber situated at 2nd floor by the Director(Electrical) Shri Desh Raj to his office chamber at 5th floor of the building of HPPCL and was made to stand for long hours in his office along with official files. The witnesses have further stated that the deceased was not offered even a chair to sit. The deceased was senior and high ranking officer of the rank of Chief Engineer-cum-General Manager, in the office of HPPCL, Corporate Office, Shimla. There are averments in the statements of the witnesses that the said Director Shri Desh Raj was junior to the deceased late Shri Vimal Negi while both of them were posted in H.P. State Electricity Board Limited. Even the complainant PW-1 has stated that the deceased was senior to Shri Desh Raj during their college days in the NIT, Hamirpur. Not only this, there is evidence on record that the said Shri Desh Raj, Director (E), used to humiliate and used to use un-parliamentary and foul language to the deceased late Shri Vimal Negi. Almost, all the witnesses have stated in their statements that due to the aforesaid misbehavior of Director (E) Shri Desh Raj, there was a toxic environment in HPPCL, Corporate Office, Shimla. Moreover, the employees of the HPPCL tried to express their grievances through representations but no concrete action was taken by the authorities. In this regard, statement of PW-6 Amt. Anjali Sharma, Sr. Manager (Electrical) is required to be perused. This PW-6 has stated that Shri Desh Raj, Director ([Electrical) used to threaten her to issue charge-sheet against her. She also stated that she used to remain present in the office till 9 to 10 P.M. On one occasion, she was stated to be present in the office till 11 P.M. being a lady officer. She has further stated that due to the aforesaid unprecedented pressure being mounted upon her by the higher authority she was constrained to take medicines for anxiety. I am of the view that calling/summoning subordinate officer for execution of official duties is not contrary to the Rules but humiliating them and causing harassment by the senior officer to the junior officers is against the Rules more particularly against the Rules of service jurisprudence and thereby this act tantamount unbecoming of a public servant. Such an act on the part of senior officer also tantamount an infraction of Article 21 of the Constitution of India which provides for Right to Life and Personal Liberty that means that the man is free animal and his right cannot be curtailed except in due course of law. Therefore, it is fundamental right of every citizen to live his life with human dignity.

(b) It has also come in evidence during the course of fact finding inquiry that the deceased late Shri Vimal Negi, General Manager (Electrical) used to face show cause notice while proceeding on one or two days casual leave, even, in emergent cases. This fact finds credence from the record i.e. Mark-P-1, which is on file Mark PW-9/C (1 to 3 leaves). Mark-P- 1, dated 19-10-2024, at page No. 2 of the file, reveals that vide this document, the deceased had given detailed reply to the show cause notice. Vide reply Mark-P-1 to the show cause notice, the deceased had categorically mentioned that he had to proceed early in the morning to Rampur therefore, could not wait for prior approval in writing, however, he had sent an email 6:15 A.M. and made a request call at 10 A.M. to the Director (E) Shri Desh Raj. Even then Director (E) Shri Desh Raj called the explanation of the deceased, this shows the level of non-cooperation on the part of the Director (E) Shri Desh Raj. However, the plea taken by Shri Desh Raj, in his statement, recorded on 05-04-2025, that he was having friendly relation with the deceased late Shri Vimal Negi is belied. The conduct of Shri Desh Raj is not appreciable in such circumstances. The public office is said to be the second house/family of a person/public servant here one employee must respect and feel the genuine problem of other employee. In these circumstances, it was not expected from Shri Harikesh Meena, IAS, the then Managing Director and the Director (E) Shri Desh Raj to treat the deceased late Shri Vimal Negi, high ranking officer of Chief Engineer, in this manner. Moreover, the Director (E Shri Desh Raj has not highlighted in the show cause notice issued to the deceased as to what was the urgency for the deceased to be present in the office on 18-10-2024. However, the deceased late Shri Vimal Negi had been granted other leaves from time to time by the Competent Authority. Therefore, the allegation that he was not granted leave by the Competent Authority has not been substantiated.

(c) It has come in the statements of many other witnesses that they were being threatened by the Director (E) Shri Desh Raj to issue charge-sheet against them. Even PW-20 has gone to the extent of saying that in one matter, Shri Desh Raj while pressuring him used to threaten by saying that "aap problem mein aa jaoge". Almost all the witnesses have spoken much and given oral evidence highlighting many issues against Shri Desh Raj, Director (E). However, I am basing my findings on the basis of documentary evidence placed on record.

(d) Apart from the family members of an officer, there are persons like drivers, PSOs and personal staff, who are closely related to the officer and these people know many things against and in favour of the officer. Therefore, the statement of PW-7 Shri Karan Chandel Driver of the deceased late Shri Vimal Negi was recorded. This witness has vehemently stated that the deceased late Shri Vimal Negi was good human being and a thorough gentleman. He has stated that the deceased disclosed him that he was not happy and was not enjoying the working in the office of HPPCL, Corporate Office, Shimla. This witness has gone to the extent of saying that Shri Desh Raj, Director (E) used to make the deceased sit in the office late hours and used to torture him.

(e) It has come in the statement of the complainant Smt. Kiran Negi, wife of deceased, and other official witnesses that there were no working hours in HPPCL, Corporate Office, Shimla, as the employees used to sit in the office late hours for performance of their official duties. In order to corroborate these allegations, I have had glance over the record of the biometric attendance of the employees of the HPPCL, Corporate Office, Shimla. Reliance is being placed on Mark PW-8/B (1- 10 pages). This biometric attendance demonstrates the list of employees working after 9 P.M. This record pertains to the last six months w.e.f. October, 2024 to March, 2025. A perusal of Mark PW-8/B manifestly reveals that some of the employees have worked from eleven hours to fourteen hours in a day. Further, this biometric attendance Mark PW- 8/B demonstrates that the female officers/ official also remained present in the office after 9 P.M. for execution of their official duties. Even, some lady officers have stated that they have no hesitation for working till late hours in the office but the management does not provide basic amenities to them such as amenity of transportation etc. Shri Harikesh Meena, IAS, the then Managing Director, HPPCL, Corporate Office, Shimla, during the course of his examination in the inquiry, when confronted with this situation, has stated that I am not aware as to what arrangement was available in HPPCL, Corporate Office, Shimla, for conveyance of lady officer who used to Sit in the office late hours. Similarly, Shri Desh Raj, while being confronted during his examination qua the aforesaid situation stated that it was for the Estate Department to provide for transportation of lady officers. The tone and tenor of these two officers goes to show that they are hardly bothered about the well being and safety of lady officers. Even, these three officers namely Shri Harikesh Meena, IAS, Shri Shivam Pratap Singh, IAS and Shri Desh Raj are not aware as to how long their subordinate employees remained seated in HPPCL, Corporate Office, Shimla. I am again constrained to observe that under the garb of public duties this cannot be a routine feature to force and compel the employee to work for longer hours that is to say eleven to fourteen hours as reflected in biometric records. However, in exceptional circumstances or in emergent cases of execution of urgent official work, sitting in late hours can be resorted to in the public interest. Otherwise, such practice of sitting late hours in the office is not advisable in this democratic set of country, as it will spoil the health of citizen of this country. Such practice may not only give rise to uncalled for litigation between the employee and employer but may also create financial burden on state exchequer in case, any untoward incident happens to the employee during the course of their employment in the late hours especially in case of welfare of the female officer. Ours is a welfare state, therefore, being a welfare state we have to ensure the safety of the citizen of this country. As such, I am of the considered view that these three officers as referred above have failed in their constitutional duties.

(f) Statement PW-20 Shri Manish Chaudhary, DGM (Electrical), Solar Power Project, Anu, Hamirpur, is relevant to be perused and appreciated. District This witness vide his statement dated 03-04-2025 has stated that he was Member Secretary of Extension of Time (EOT) Committee formed under the Chairmanship of deceased late Shri Vimal Negi, which was looking into the issue of delay analysis of Pekhubella Solar Power Project. He stated that he and deceased late Shri Vimal Negi were called by Shri Desh Raj while finalizing the draft proceeding of said Committee meeting held on 27th and 28th February, 2025 (minutes of meeting Mark-XYZ) and pressurized them to minimize the delay in the initial draft on the part of contractor which was assessed at around 45 days. But due to pressure of Shri Desh Raj, Director (E), they eventually had to bring down the same to 23 days. He further stated that while pressurizing them Shri Desh Raj, Director (E) threatened by saying "aap problem mein aa jaoge". The witness has gone saying to the extent that it appears that Shri Desh Raj, Director (Electrical) was biased while issuing such directions. Moreover, he was not a member of the Committee, therefore, he should not have intervened in preparing the proceedings of the Committee. This witness stated that this was one of many factors which caused extreme stress and anxiety to the deceased. This fact lend credence from the monthly biometric status report (Basic Work Duration) Mark PW-8/A on file titled as Leave Record of Er. Vimal Negi, GM (E/RE). Mark PW-8/A demonstrates that so as to finalize minutes of meeting of Committee, the deceased had to sit late night on 1st/2nd March, 2025, in his HPPCL office. It is established that the deceased remained present in the office on 01-03-2025 since morning i.e. 10:04 A.M. to 2:32 A.M. (02-03-2025), as he worked for 16:28 hours. These facts show the level of pressure exerted upon the deceased by Shri Desh Raj as per the direction of Shri Harikesh Meena, IAS. Obviously Shri Meena was the Managing Director of HPPCL, Corporate Office, Shimla, at that relevant time. Therefore, he is presumed to be in the know of things and affairs of the HPPCL, Corporate Office, Shimla.

Keeping in view of the above, I am of the considered opinion that this allegation is serious in nature and needs to be further investigated into by the expert agency, as the Inquiring Authority cannot go deeper into these allegations in the fact finding inquiry because of paucity of time and lack of statutory powers under the Bhartiya Nagrik Suraksha Sahinta (BNSS). Further, it is concluded that the statement of PW-20 Shri Manish Chaudhary, DGM (Electrical)-cum-HOP, Solar Power Project Anu, District Hamirpur, cannot be discarded and there is substance in it which needs further investigation. Moreover, in order to verify these allegations, I have gone through the record which says that on 27th February, 2025, there was telephonic conversation between the deceased late Shri Vimal Negi and Shri Desh Raj seven times and further on the same day, two telephonic conversations between PW-20 Shri Manish Chaudhary and Shri Desh Raj. Shri Desh Raj and Shri Deepak Dogra, DGM (EC), had telephonic conversation twelve times on 27th February, 2025. These facts show that there is something wrong at the bottom which needs thorough and further investigation by the expert agency.

(g) PW-5 Shri Rajnish Katoch, vide his separate statement dated 29-03-2025 has divulged that since the last week of February, 2025 to first week of March, 2025, the deceased late Shri Vimal Negi was under extreme mental pressure due to finalization of Extension of Time for Pekhubella Solar Power Project, therefore, on 03-03-2025, the deceased late Shri Vimal Negi is stated to have disclosed the factum of having taken medicines for anxiety. This witness has further stated that in spite of the fact that the deceased late Shri Vimal Negi was prescribed medical rest for three days by the doctor, even then, he was called in HPPCL office at 8 P.M. by Shri Desh Raj, Director (E). This witness has gone saying to the extent that the said Shri Desh Raj, Director (E) was aware of the fact that the deceased late Shri Vimal Negi had been prescribed medical rest.

PW-5 has further stated that on 07-03- 2025, Shri Desh Raj, Director (E) was pressurizing the deceased in his presence to raise the revenue projection of Pekhubella Solar Power Project for the purpose of status note which was to be presented on the floor of house in ongoing Vidhan Sabha Session. This fact further lend credence from the record that the deceased late Shri Vimal Negi and Shri Desh Raj, Director (E) had telephonic conversation between them sixteen times. This is also a matter of deep investigation as to what was the modus operandi on the part of Shri Desh Raj, Director (E) and Shri Harikesh Meena, IAS, Managing Director to enhance the alleged revenue projection as referred above by allegedly pressurizing the deceased late Shri Vimal Negi.

(h) Statement of PW-15 Shri Bipan Guleria, Sr. Manager (Electrical) is very material and relevant to be gone through. This witness has clearly, categorically and unequivocally demonstrated the factum of exerting pressure not only upon the deceased late Shri Vimal Negi but also upon him by Shri Desh Raj, Director (Electrical) which may kindly be perused on file. However, for the sake of brevity relevant portion of his statement is being discussed hereunder. He has stated that the deceased late Shri Vimal Negi was continuously being pressurized by the Managing Director Shri Harikesh Meena, IAS, and Director (Electrical) Shri Desh Raj, to issue completion certificate of the project to the contractor concerned so as to release 10% payment to M/S Prozeal Pvt. Ltd. This witness has categorically stated that he, vide N-120 of file Mark-PW-15/B has mentioned that the Extension of Time case is being processed and not yet finalized/ approved by the competent authority i.e. Board of Directors. Therefore, the payment against milestone four i.e. on completion of project can only be processed after finalization of Extension of Time case. This was his recommendation. However, as per N-121, PW-15 was asked by the deceased late Shri Vimal Negi as per the direction of Shri Desh Raj to release payment amounting to 10% to the contractor without the approval of the competent authority i.e. Board of Directors. The quantum of pressure mounted upon the deceased late Shri Vimal Negi and the malafide intention on the part of Shri Desh Raj to release the payment to M/S Prozeal Pvt. Ltd. can be inferred from his noting N-124, page- 165, Mark PW-15/B, whereby, Shri Desh Raj, Director (Electrical) has made very strong observation without obtaining the approval from the competent authority. What was the alleged deep routed conspiracy between Shri Harikesh Meena, IAS, and Shri Desh Raj, and modus operandi on their part by pressurizing the deceased late Shri Vimal Negi and PW-15 to release 10% payment to the contractor is a matter of regular investigation to be conducted by the expert agency.

(i) As per Letter of Acceptance (LOA) dated 19-05-2023 the period for completion and commissioning of the project was Six months from the date of issuance of LOA. As per the terms specified in LOA, the period of six months was not extendable. Further, as per condition 26.2 of general conditions of contract (Mark PW-15/A page-000137), in the event of failure of the contractor to complete the project in accordance with clause 26, the contractor was to pay the employer a sum equivalent to half percent (0.5%) of the contract price of the whole of the facility for each week as liquidated damages for such default. This point five percent amount comes around rupees one crore ten lakh for a delay of one week. In this regard, reliance is placed upon the file Mark PW-15/E where at page No. 67 of the file, there is audit observation reference cited under the subject:

‘Undue Favour to the Contractor by Releasing Payment to the Contractor without Finalizing EOT and Levying Liquidated Damages for Delay in Completion of Pekhubella Solar Power Project Rs.12.73 crore’.

The audit para made by the Principal Accountant General (Audit), Himachal Pradesh, has categorically observed at page-70 o Mark PW-15/E that the Management failed to protect its interest and made payment to the contractor without finalization of Extension of Time and levying liquidated damages which was proposed for rupees twelve crore seventy three lakh as per delay analysis. This early release of payment without Ievying of liquidated damages tantamount to undue favour to the contractor to the tune of rupees twelve crore seventy three lakh. I am of the considered view that here seems to be something wrong at the bottom and it is a matter of further investigation by the expert agency as to what was the personal interest of the officers to extend undue favour to the firm i.e. M/S Prozeal Pvt, Limited, Pekhubella Solar Power Project.

(j) It is significant to point out that the deceased had joined in HPPCL, Corporate Office, Shimla, on 15-06-2024 on promotion as Chief Engineer/ General Manager. Whereas, there is one prescription slip of Mahatma Gandhi Medical Service Complex, Khaneri, Rampur Bushahar on file Mark PW-9/D, page-7, which reveals that the deceased had taken medical treatment from the concerned hospital on 01- 07-2024 at about 11:44 A.M. for depressive illness, as the symptom of depression and palpitation have been shown in the medical prescription slip. However, it is not clear as to whether he suffered from depressive illness prior to 15-06-2024 or subsequent thereto i.e. after joining as General Manager in HPPCL, Corporate Office Shimla. Where-after, the deceased proceeded on 22 days medical leave w.e.f. 01-07-2024 to 22-07-2024. This is a matter of investigation by the expert agency.

(k) During the course of inquiry, statement of PW-19 Inspector Manoj Thakur, I.O./S.H.O., P.S. New Shimla was recorded which has been sealed in the sealed cover keeping in view the sensitivity of the matter and so as to prevent any prejudice to the investigation. However, PW-19 has stated on 03-04.2025 that they have not recovered any suicide note, if left, by the deceased late Shri Vimal Negi. Moreover, the investigation was at initial stage at that relevant time, therefore, the Inquiring Authority do not deem it proper to comment anything on the investigation.”

12. In addition, in his report, the Officer has also mentioned that record revealed that there were multiple instances where undue benefit was extended to the contractor of Pekhubela Solar Power Project i.e. M/s Prozeal Infra Engineering Pvt. Ltd.; higher officials especially Director (Electrical) Desh Raj used to exert pressure on different committees for preparing proceedings of their meeting as per his desire; and there were serious lapses in Pekhubela Solar Power Project. The conclusion arrived at by the Officer in the enquiry report is quoted hereinabove below:

“In view of the above, the aforesaid issues are required to be looked into and necessary inquiry may be initiated in the matter by the expert agency in the interest of financial health of the management of HPPCL so that, in future, such instances may not recur and hard earned money of the tax payer may not get wasted.”

13. Now, I will refer to the status report filed by the Director General of Police, Himachal Pradesh. In his status report, the Director General of Police has stated as under:-

“That the present status report is being filed in compliance with the direction issued by this Hon’ble Court vide order dated 22.04.2025 in the above-captioned CWP No. 6508 of 2025, whereby this Hon’ble Court was pleased to direct as follows:-

“Notice, Mr. Pushpender Jaswal, learned Additional Advocate General and Mr. Hamender Singh Chandel, learned Counsel, accept notice on behalf of respondents No. 1, 3 and 4 & and respondent No. 2, respectively. As prayed for, list on 20.05.2025. Reply to the writ petition he filed by the respondents in the meanwhile, Respondents No. 1, 3 and 4 shall also file independent status reports intimating the Court as to what action has been taken/investigation has been carried out by the said respondents till date in the matter.”

2. That it is respectfully submitted that the copy of aforesaid order has been downloaded from the web-portal of H.P High Court and accordingly the same was promptly perused for taking further necessary action.

3. That pursuant to the ibid order, the deponent caused the matter to be examined independently and thoroughly, and based on the record and information received from the concerned subordinate units, the following facts are submitted for the kind perusal of this Hon’ble Court:

a. The order was received by me on 01/05/2025.

b. Pursuant of this order, I issued a letter No. Law-III-(6) CWP No. 6508/2025-CR/1647 dated 03.05.2025 and CR-1655 dated 06.05.2025 to SP Shimla (Annexure-I) to send the files of the concerned case along with IO of the case. However, SP Shimla did not respond till the stipulated date that is 07th May 2025 after which Sh. Navdeep Singh, Addl. SP Shimla (Head of SIT) was directed to appear with the case file and all relevant records on 08-05-2025 (Annexure-II). Similarly, Sh. Shakti Singh, Dy. SP a member of SIT was also directed to appear, as also Sh. Vikram Chauhan Dy. SP and Sh. Manoj Kumar, Inspector (Annexure-III), past and present members of SIT expected to be familiar with the investigation. Simultaneously, receiving no response of Superintendent of Police, Shimla till the stipulated time, the Director, State Forensic Service Laboratory was requested vide letter No. Law-III-(6) CWP No 6508/2025- 1658 dated 07.05.2025 (Annexure-IV) to provide reports and findings concerning this case by 09-05-2025 so that a proper status report could be filed in the Hon’ble High Court in terms of its directions. In the meantime, on 07-05-2025, a letter was received from Deputy Inspector General of Police, Southern Range (DIG, SR), Sh. Anjum Ara, IPS, (Annexure-V) as reply to PHQ letter dated 22-04-2025 wherein she replied that the SP Shimla has replied nothing specific about allegation of missing Pen Drive as published in a News Paper Dainik Jagran”, as alleged by Ms. Kiran Negi, wife of deceased Sh. Vimal Negi. There was also a letter from SP Shimla dated 08-05- 2025 (Annexure-VI), wherein he expressed his/inability to allow IO’s to appear with facts known to them and documents connected with the case. He also wrote stating that the progress report in detail has already been submitted by his office through DIG, SR though it was felt that without independent examination of case files, case diaries and related documents, an independent report cannot be filed. This is actually similar to the status report dated 02-05-2025 submitted in the Hon’ble court regarding matter of anticipatory bail in which the issue of missing Pen Drive has been skirted at Para 25 stating that “during the course of investigation, various digital evidences have been seized and the same have been sent to SFSL Junga”.

c. After my communication of 07.05.2025 to Director SFSL, Junga, SP Shimla has written a letter dated 08.05.2025 to SFSL, Junga asking her not to provide results of exhibits in the case to anyone apart from the investigation officer (Annexure-VII). The 08.05.2025 letter of SP Shimla to Director SFSL gave many reasons in the letter to prevent the reports from reaching me (or anyone else apart from 10). She also wrote to me on 09.05.2025 (Annexure-VIII) regarding this along with a copy of the letter from SP Shimla to Director SFSL dated 08.05.2025. On 10.05.2025, I replied to the letter with reasons as to why report should be sent to DGP in pursuance of the orders of the Hon’ble High Court (Annexure-VIII-A). After this, the reports of Director SFSL were provided on 10.05.2025 (Annexure-IX). The extraordinary efforts of SP Shimla to ensure that case files and forensic reports or members of the past or present SIT don’t reach the DGP, HP despite clear directions issued by the Hon’ble Court to DGP to file “independent report” in the case, is noteworthy.

d. The reports as provided had 12 dockets, out of which only 4 dockets have been examined and reported by Junga. The rest are pending examination. Due to the delay caused as above and paucity of time and enormity of data, even in the above 4 reports, only data contained in pen drive as in docket No. 1, 225- 5A dated 17.04.2025 could be examined. The report of this (Pen Drive) at para 3 marked Q-I says that “the properties of the drive were suggestive of blank pen drive”. It says that “thereafter, the image of the drive prepared using tableau disk duplicator TD 2u and analyzer using FTK Imager”. “The system volume This is a serious mis-conduct on the part of SIT wherein a pen drive presumably found on the body of the deceased containing crucial evidence has been tampered with or destroyed after recovery. The following bullet point of the report says that after using forensic tools some of data was recovered which was provided by the SFSL in the form of DVD and was examined by me in my office. There are approximately more than 4000 files and it was not possible to examine all of them in detail in such a short period of time as granted by the Hon’ble High Court. However, some highlights can still be noted. To the extent that I was able to examine this voluminous data, no suicide note was found in nature such as medical bills or on Shong tong, Karcham projects in Kinnaur district. I could find 1 PPT (power Point Presentation) on Una and 1 PPT on Pekhubella project which had details connected with this project which can be analyzed only on the basis of more information on this project. They appeared to be office presentations.

e. The bulk of the official documents were on Kinnaur projects and so were the videos. I could not find any audio which could be played. Some of the files were found to be corrupted. After this 1 also found a report No.1845/SFSL/Digital/109/25 which appears as docket at serial number in the forwarding letter. This is the data extracted from a mobile phone whose IMEI numbers are given but it is not clear as to whom these phone numbers Belong to (Annexure-X). There is a chat between Nanta HC and Sandeep Vashisht, Agniaditya- 2006, Ashok Dhauta and Anoop Kumar dated 20.03.2025. In this chat, there is talk about hash value of pen drive, regarding seizure of pen drive, unique number of pen drive and alarmingly on “date of modification of file and folders, software changed in that case and same shall be the date of copy files”. There is incomplete data of chat and there is talk in the chat about “copy”, “pen drive बदला जा सकता है मटे रयल copy करने के बाद” and “date of modification of file folders changed in that case and same shall be the date of copy files.” At another place there is talk of whether pen drive should be changed or not. Interestingly, all this chat is going on 20.03.2025, 1 day prior to formatting of pen drive in question above. It is reiterated that due to the volume of data provided by the SFSL it has not been possible to go through each and everything. In fact, two sealed envelopes possibly with pen drives inside containing 2 dockets Sr. No. 2 and 3 could not even be opened and, in the DVD, pertaining to docket at Sr.No.I only data related to pen drive could be examined to the extent possible and that relating to laptop could not even be examined. Another point to note in that in the report pertaining to docket Sr. No. 3 in which mobile chats have been found the report says that clue in chats “pen drive” and clue “Vimal Negi” were used to get those data wherein chat regarding copying/altering/ replacing pen drive has been displayed as discussed above. However, mother procedure adopted in some organizations is to get a cloned copy of a digital device to the investigator and try to find data using more clues or “key words” because the I.O. knows best about the case on which ‘clues’ or ‘key word’ to use. In that sense the report may still not be complete where it is required to allow application of more ‘clues’ to find relevant data. There is enormous digital data that has been collected by the SIT and only investigator knows what is relevant to the case.

f. On 14.05.2025, Shri Navdeep Singh, Addl. SP and Head of SIT and Shri Shakti Singh, Dy. SP, a member of SIT appeared with documents pertaining to the case at 11.30 AM. The meeting with the members of SIT started at around 11.45 AM. The SIT member had come with summary of case diaries and short status reports of the case. They also came with many boxes of documents which they said contained their case file containing case diaries, documents seized during the investigation and other documents pertaining to the case. I started with examining the summary of case diaries (Annexure-XI). Before breaking off for lunch at 01.30 PM during this discussion I pointed out that I would like to see the report sent by Addl. SP to SP, CDR of ASI Pankaj who had recovered the pen drive, the case diary of 13.04.2025 (CD Number 26 dated 13/04/2024 in summary of CDs, as provided) about missing pen drive written by Shri Manoj Kumar SHO New Shimla wherein mobile phone of Shri Sunil Kumar Fisherman was seized which contains video recording and some photos of ASI Pankaj where he can be seen talking about the recovery of a pen drive from the body of deceased and statement of fisherman Sunil Kumar, supplementary statement of fisherman Mahinder Singh, supplementary statement of ASI Vijay of PS Sadar and HC Kamal of PS Sadar Shimla. These were written at para 75 of the summary of the case diaries and I told them that I intend to see the actual case diaries along with statements after lunch.

g. Similarly, I said that I would like to see the auditor report, personal diaries of Sh. Vimal Negi (mentioned at CD No. 04 dated 22.03.2025 by Sh. Navdeep Singh, Addl. SP Shimla at para 4(v) summary of CDs provided to me) recovered and the complaints of deceased family and others in the case before proceeding to examining other documents brought by the 02 members of SIT. However, after lunch they assembled at Police headquarters at 2.45 PM. The 2 members of SIT expressed their inability to continue with the meeting as they had to prepare documents relating to bail application of an accused in this case. As a result, other documents of the case and those case diaries which were found to be crucial from the similarly of case diaries and were asked to show after lunch, could not be perused. All documents brought by them were returned with them.

h. On the basis of documents that have been reluctantly provided by SP Shimla and (many important documents such as Sh. Vimal Negi diaries and the actual case diaries as distinct from summary were not provided), I have some comments on the conduct of investigation done by the SIT under the overall supervision of Sh. Sanjeev Gandhi, Superintendent of Police, Distt. Shimla.

1. Why was the Pen Drive formatted (as per SFSL report) and how many people knew that Pen Drive had been recovered from the dead body way back on 18th march itself These questions need to be answered as it casts doubt on the integrity of the investigation carried out so far. Who was ASI Pankaj speaking to regarding Pen Drive after it was recovered from the dead body of Shri Vimal Negi During the discussion with 02 SIT members on discussion 14.05.2025, it was verbally told to me that it could be SHO Sadar Shimla, Dy. SP Amit and MHC PS Sadar Shimla. There was no clarity on why it was not clear whom these three officers were in turn speaking to when CDR/IPDR of the above three officers could have revealed. These are very basic and intuitive next steps of investigation. The fact that this conversation of ASI Pankaj was also recorded in a mobile phone of a bystander fisherman, should have enabled the SIT to time stamp this conversation of ASI Pankaj and thereafter investigate the chain of people on the who those persons (whom ASI Pankaj spoke with) spoke to in turn.

2. I have serious concerns with 02 SIT members refusal/inability to show Vimal Negi diaries on 14.05.2025 when they met me. They abruptly said after lunch that they had to go to prepare the case summary etc. relating to bail matter of Shri Harikesh Meena in this case (Annexure-XII). It seems to be an afterthought, as it is difficult to imagine that they did not know in the morning that the date of this bail matter in the court is next day. It is to be noted that the 02 members of SIT after a lot of resistance from SP Shimla had come with suitcases and trunk full of documents and gave me only two to three hours to examine them and have since not returned till the writing of this report. Also, CCTNS record available electronically to superior officers were not found to be updated.

3. It is also important to note that a non- member of SIT formed by me (Annexure-XIII) to trace then missing Shri Vimal Negi was sent to handle formalities after sighting of dead body of Shri Vimal Negi in Bilaspur was reported. It is noteworthy that the past reputation of this person, ASI Pankaj is not the best as he has been involved in case FIR No. 63/2015 u/s 307, 324, 34 IPC and 25, 27, 54/59 of Arms Act registered at PS Sadar Shimla to an alleged firing incident involving his service pistol and put in OUSP (Officer Undesirable for Sensitive Posts) list as a result of gravity of the allegations. He has been reportedly acquitted.

4. Also notable is the fact that Inspector Manoj who has written case diary No.26 of 13.04.2025 regarding seizing of phone of fisherman Sunil Kumar which had video recording of ASI Pankaj Kumar talking to someone regarding recovery of Pen Drive from the body of the deceased (as told by SIT members) and who recorded statement about these and Dy. SP Vikram Chauhan who recorded statement of Shri Naveen Kumar, Shri Ashwani, Shri Naman Mishra, Shri Manoj Kumar who were present at the site where the dead body of Shri Vimal Negi was recovered as per CD No. 25 dated 11.04.2025, went on relatively long leave in the middle of the investigation immediately after they were involved in recording statements regarding sighting of Pen Drive along with dead body of Shri Vimal Negi. The summary of case diary No.24 submitted to me by 02 SIT members on 14.05.2025 does not have details of the statement and was not shown to me after lunch when requested. Going by the fact that these 04 people who gave statements and were present at the site of recovery of dead body of Shri Vimal Negi, the statements may contain regarding sighting of Pen Drive. The long leave of Dy. SP Vikram Chauhan and Inspector Manoj Kumar at this juncture of investigation have been noted by me.

5. It is not clear whether and when was action taken against ASI Pankaj despite a 13.04.2025 CD (Case Diary No. 26) showing that he kept the pen drive with him after recovery on 18.03.2025 and surrendered it only after multiple witnesses’ statements. Even though, RFSL report has come on around 9th May there was enough evidence of mis- conduct in mid-April itself.

6. There are unanswered questions as to how 4000 plus files (not pages) were examined by a single ASI and decision taken to format within 3 days. Were there more people who were assisting him in his job and if so, who are they As discussed above, there were chats about keeping copy and then deleting (in a phone reported by SFSL). Where is this copy Efforts must be made to retrieve it A belated move to possibly add section 238 of BNS for destruction of evidence only against ASI Pankaj may not be enough.

7. Question also arises as to whether all documents have been retrieved from the formatted pen drive using the forensic tools available with SFSL, Junga. I am in receipt of a letter from DIG, SR wherein she has mentioned about three cases in which case materials were sent to CFSL and they recovered more data than what was recovered by SFSL, Junga (Annexure-XIV). In any case, some files in its pen drive were found to be ‘Corrupted’.

8. Superintendent of Police, Bilaspur has also sent a letter (Annexure-XV) in which he has mentioned regarding recovery of dead body of Shri Vimal Negi in the presence of boatmen, who spotted the dead body and has commented that the initial search of deceased Shri Vimal Negi was conducted by either ASI Paknaj or Fisherman Sunil Kumar on the direction of ASI Pankaj prior to the arrival of police station team, PS Talai,. He has further written that Inspector Manoj Kumar, SHO, PS, New Shimla seized a mobile phone and disclosed-over phone that ASI Pankaj has produced 1 pen drive that was recovered from the dead body of deceased Sh. Vimal Negi. SP Bilaspur has conducted a fact-finding enquiry regarding recovery of a pen drive from the dead body of deceased Sh.Vimal Negi after social media/news circulation of an article published on 20.04.2025. The promptness of SP Bilaspur is in sharp contrast to the efforts made by SP Shimla.

9. I have noted with concern that whereas 2 personal diaries of deceased Sh. Vimal Negi were seized on 22.03.2025 (CD No. 04 from summary of CDs) and some of his other material including laptop were recovered in March itself, mobile phone of Sh. Desh Raj was seized on 07.04.2025 (CD No. 20 in summary of CDs) and of Sh. Harikesh Meena IAS on 23.04.2025 (CD no. 36 A in summary of CDs) after Sh. Meena had been interrogated many times by the SIT.

CONCLUSION: It can be safely concluded that it has been a questionable investigation till now and influence/attempted influence of SP Shimla who has been posted for more than 2 years in this post seems to extend beyond his domain. His influence, his ability to block report preparation by the DGP, HP despite 12.73 Crore. However, this is a matter which would need further deliberation after the audit Para has been replied to by the department and whether the Auditor General office is satisfied with it or not.

4. That the aforesaid status report may please be taken on record in compliance with the directions issued by this Hon’ble Court vide order dated 22.04.2025 and pass appropriate orders as deemed fit in the interest of justice and fair play.”

14. Now, I will refer to the status report filed by Senior Superintendent of Police, Shimla, which is to the following effect:-

“i. That it is appropriate and pertinent to submit, the District Police Shimla started investigation, after the registration of FIR No. 09/2025 dated 19.03.2025 under Section 108 and 03(5) BNS, Police Station New Shimla, District Shimla. The investigation is being done by the teams of the officers, in most professional and independent manner. The investigation has been done so far, with utmost seriousness and sincerity. The investigating teams have been aligned proceeding with the investigation viz viz the allegations reported in the First Information Report. The professional integrity and procedure established by law are the benchmarks for the investigation. The investigation is being done in inclusive manner as narrated in para 19 supra.

ii. That during the course of investigation, the fact relevant to the incident regarding the movement of deceased were ascertained, whereby the details qua missing and itinerary thereto was prepared.

iii. That during the course of investigation, the itinerary was collected as drawn during the missing trace out efforts. The statements of witnesses, i.e. official driver provided by the office, wherein deceased left him with words that he might come late and possibly he was going to Mall Road Shimla, was recorded, the facts disclosed by Sh. Karan Chandel, witness am among persons last accompanied the deceased.

iv. That during the course of investigation, it was detected, the fact emerged on the anlaysis CCTV footages collected from Old Bus Stand, Shimla that deceased Lt. Vimal Negi, instead of going to Mall Road, could be seen walking alone towards Bus Stand and thereon, it could be seen that he stopped a taxi bearing registration No. HP01A-4445, at 12:30 PM on 10.03.2025, engaged taxi for Bilaspur. On the analysis of CCTV footage, the fact was detected qua hiring the taxi. As per CDR analysis of deceased, likely near Boileauganj, Shimla, his mobile phone was detected to be switched off, continuously thereon. The statement recorded during the course of investigation of the driver of the taxi hired, namely Sh. Joginder Pal disclosed in his statement, about his discussions and interactions with late Sh. Vimal Negi "wherein deceased introduced himself as a resident of Rohru". Further, in the statement of taxi driver, "Late Sh. Vimal Negi kept smoking and it appeared that he did not appear normal and looked under some anxiety. Further, the taxi driver deposed that the deceased shared, "that he was working in fourlane as engineer and constructs bridges". Further, in the statement of the instant taxi driver, on reaching Bharari Mandi bridge "first took the round of the bridge before dropping the deceased at Bharari Mandi bridge, which is located on Chandigarh Manali Highway near Bilaspur, under District Bilaspur Further, it is relevant to submit, the taxi driver stated, before dropping Lt. Sh. Vimal Negi deceased, at Bharari, the deceased questioned the taxi driver "why there is less water in the river" It is appropriate to mention that in the statement of the instant taxi driver it was also detected that during the course of journey, which was for the time period of approximate 03 hours, deceased Late Sh. Vimal Negi did neither call anyone nor received any call on mobile. In the nut shell, no use of mobile phone was while deceased to District Bilaspur on dated 10.03.2025, and on the analysis of CDR, fact qua non usage of mobile also stands corroborated. It is correct to mention that after leaving Shimla, the deceased did not used his mobile and fact qua this also stand corroborated on the analysis of CDRs and other digital evidence.

v. That it is pertinent to submit that the CCTV footage of Bharari, District Bilaspur, collected during the investigating proceedings, from three different location at Bharari District Bilaspur, (A), NHAI, (Β). BBMB Yard, (C). In

the residential house of one Sh. Amrit Singh in Bharari, strict Bilaspur. During the course of investigation, it revealed that the deceased Lt. Sh. Vimal Negi, after alighting from the taxi at NHAI, could be seen, moving towards bridge, further, he could be seen standing on the bridge and thereon, in the CCTV footage, it appeared that he was looking down towards the river for some time. The fact qua this behaviour, during the course of the investigation proceedings, the instant behavioural aspects as mentioned above qua psychological as well as psychological orientation of the deceased requires definite inspection, however, same is under progress.

vi. That during the course of the investigation, on the analysis of CCTV footages located at Mandi Bharari bridge, the gait and general bodily behaviour of deceased as could be observed that deceased was either lost or in some deep thought. Thereon, it could be seen

in the CCTV footages, deceased took walk towards BBMB yard, he could be seen holding mobile in his one hand and water bottle and jacket in the other hand. Further, on the closer analysis and examination of the CCTV footage, it appeared that the deceased was confused or perplexed or in restless state on account of some anxiety.

vii. That during the course of investigation, it was detected that, deceased Lt. Vimal Negi reached at Mandi Bharari bridge, at approximately 03:15 PM and thereon his presence could be seen uptill04:45 PM, Further, as narrated above, he boarded HRTC bus routed toward Ghumarwin/Jahu and he could be seen at 05:24 PM on 10.03.2025 i.e. same day in the evening, at Ghumarwin Bus Stand, the CCTV footage collected from the Shop Rana Garments reveled fact qua above.

viii. That it is pertinent to mention, deceased charged his mobile in the grocery shop located at Bharari, District Bilaspur. However, during this period his mobile remained constantly switched off, thereon he enquired from the HRTC Bus Stop Incharge, at Mandi Bharari Bridge, District Bilaspur namely Sh. Jagat Pal, about the movements/availability of the buses for Ghumarwin, District Bilaspur. It is appropriate to submit, the above mentioned Incharge of Bus Stop informed about the next schedule of buses available towards Ghumarwin as well as Shimla, so much so, as per the statement of the above Incharge Bus Stop, he assisted him to board in the bus. The bus was on the route from Chandigarh to Jahu. Further, the Incharge Bus Stop Bilaspur stated during the course of investigation that during his interaction with Lt. Vimal Negi "Vimal Negi introduced him as surveyor, and told that he was resident of Rohru." He also stated that, simultaneously deceased Lt. Vimal Negi told him "he was waiting to someone, who was supposed to come from Chandigarh" and also inquired about the availability of bus to Shimla as well as Ghumarwin. The fact qua the self introduction as he made above mentioned official of HRTC Bus Stop were contrary to the truth qua deceased, hence, during the course of investigation, such facts are also being ascertained about the duties, deposed by the deceased and reasons thereto,

ix. That during the course of investigation, it was detected that the last location where the presence of deceased was found at the Bus Stop Ghumarwin. The CCTV footage collected revealed that the deceased could be seen holding mobile in his hand and moving in the Bus Stand. It was also revealed during the course of investigation that deceased on 10.03.2025 at 08:15 PM to 08:30 PM, deceased inquired from one Tea/Egg vendor about the schedule of buses towards Shimla. Thereon, the location of the deceased remained untraceable. The fact qua the last location was revealed by Tea Vendor Sh. Snajay Kumar.

X. That during the course of investigation, record pertaining to area of responsibility and role and responsibilities of the deceased qua this, the record seized revealed, the followings:-

a. Prepare the E&M chapters of the DPR(s) of the hydroelectric projects/non- conventional energy sources (i.e., solar) and get the same submitted department.

b. Preparation of specifications of all E&M equipment, commercial terms and conditions, and qualification and evaluation criteria of the bidding documents.

c. Approval/vetting of bidding documents from the finance cell, legal cell, the funding agency, and management before calling for tenders.

d. Floating tender the approval/vetting of bidding documents.

e. After the opening of tenders, timely evaluation of technical, commercial, and financial bids.

f. Award of E&M package after due approval.

g. Once the E&M package is awarded it should be ensured that all drawings and designs are approved well in time as per the requirements of the project site. equipment is manufactured, inspected, dispatched, erected, tested, and commissioned.

h. All technical commercial/contractual issues and are resolved immediately so that the progress of work is not hampered. i.Information & Technology and Communication Cell.

XI. That during the course of investigation, it was detected on the seizure of the record i.e. Biometric attendance, log book of the vehicle attached with the deceased and Tour diaries of the deceased, the average work schedule was as under in the tabular form w.e.f. 15.06.2024 to 09.03.2025 as per the record provided by the HPPCL:-

Sr. No.	Particulars	No.     of days	Percentage of       Total days
1.	Attended Office as per Biometric    Attendance (113) days) Working in office and on Official Tours as per Log Book (27 days)	140	52.24%
2.	Official Tours as per Tour diaries	47	17.55%
3.	Holiday,              Including Second            Saturdays, Sundays and. other gazetted holidays	45	16.79%
4.	Leave, Earned, Medical, Casual, Etc.	35	13.06%
5.	Absent (on 03.03.2025)	1	0.37%
6.		268

XII. That it appropriate to submit, during the course of investigation, it was also detected that Lt. Sh. Police Vimal Negi joined on 15.06.2025. His average attendance in the office was found between 08-11 hours. It was also detected that his biometric attendance was started in HPPCL, Head Office Shimla w.e.f. 29.08.2024 to 10.03.2025, and during this time, his timing was as follows:-

Month	No.        of days	Total Time in hours and minutes	Avg. No. of hours daily
Mar-2025	5	57.30	11.46
Feb-2025	13	138.38	10.64
Jan-2025	24	231.06	9.63
Dec-2024	17	169.33	9.96
Nov-2024	15	148.36	9.89
Oct-2024	17	167.07	9.83
Sep-2024	19	205.44	10.81
Aug-2024	3	30.54	10.18
Total	113	1149.8	9.65

XIII. That, it is pertinent to submit, during the course of investigation, record qua the leaves i.e. leaves applied, sanctioned, reduced, rejected was seized. It was detected that the mechanism for obtaining the leave was through E-Office SAP. On the analysis of the record, the fact derived during the investigation, based on record collected in terms of digital and documentary evidence, he availed total 35 days Leave, while serving w.e.f. 15.06.2024 to 10.03.2025, and in the configuration of the classification of the leaves, it emerged, among leaves, 22 days and 01 day prefixed was medical leave, 05 days Earned Leave with 01 day of Prefix Holiday and 02 days of Suffix Holidays and 04 days Casual leave.

XIV. That during the course of investigation, the fact qua non granting of leave, were ascertained by analyzing the copies of the log book, CDR analysis, examination of E-Office, portal of leave i.e. SAP, tour diaries. During the course of investigation, it was found that the competent leave sanctioning authority was the Director, HPPCL Le. Sh. Deshraj, who has been alleged in the FIR and is being investigated. It is appropriate to mention that on the analysis of the above mentioned document that the act fact qua rejection of leave on the examination of E-Office as such, no leave was rejected, except one instance whereby the leave applied w.e.f. 04.11.2024 to 14.11.2024, total 11 days Earned Leave was granted 05 days alongwith 03 days prefixed/suffixed.

XV. That it is appropriate to mention that during the course of investigation, the fact qua the working hours in co-relation with the leave availed, it was detected that Shimla, deceased availed the Leave (35 days) 18.7% of the total office working days(187 days), w.e.f. 15.06.2024 to 10.03.2025. However, it is expedient to explain the leave status and working as here under in the tabular format:-

	Particulars
1	Working days (113+47+27)
2	Non-working days (45+35+1)
	Total

XVI. That it is appropriate to submit, fact disclosed qua leave, the configuration viz viz various classification of the leave reasonably, the deceased used to get leaves leave sanctioned as applied mostly. Further, it was also investigated that as such, any explanation, memo, notice, show cause was/were issued to the deceased qua matter pertaining to leaves/absence from the office. During the course of investigation, it was detected that one such memo was issued to deceased qua his leaving the office without prior approval, however, the record to this extent revealed that later on, the matter was dealt as per the admissible leave Rules. Further, investigation regarding availing of leave and sanction of the leave overall, it was found that as such the leave was granted as and when the deceased applied.

XVII. That during the course of investigation, in the due discharge of the duties, the role, responsibilities, decision making, reporting, upward directions, communication downwards, supervision, command and control and amenability to office discipline was examined viz viz deceased and superior and other colleagues. The record pertaining to the office functioning of the deceased was investigated in an elaborate manner, wherein, it was detected that the deceased was a gentleman officer, amenable to office procedures, regulations, hardworking and dedicated person. The documents pertaining to office correspondences qua decision taken and received for implementation were seized and analyzed in the light of contract agreements, entered between the employer and the contractors, it was detected that as such no decision could be detected viz viz 36 Projects of Renewable Energy and 07 Hydro Power Projects, decisions or orders were found in conflict with rules or procedure established for such contractual related matters so far. However, the record seized is voluminous and technical in nature is being investigated to ascertain the truth to the extent of causative factors in the incident. In the light of above, the facts emerged, establish, that the deceased officer neither coerced any officer in the hierarchy to take decision contrary to the scope of permissible authority nor any document so far detected, wherein, it can be alleged that he himself (deceased) committed, by way of any decision illegality qua in the due discharge of the duty as enumerated in the General Terms and Condition of Contract Agreement, Financial Rules for relevant regulation in HPPCL. It is appropriate to narrate that the investigation proceeding, is being conducted in most inclusive manner, which is being conducted by different Investigating Officers independently, to collect documentary, digital, direct evidence, wherein to ascertain the truth on the premise of law and, thereto the litmus test to ascertain causative factors derived on account of such material pertaining to the deceased. Whereby questions, doubts professional integrity about the decisions and decisions maker acted under influence, coerce, by way of any pressure are being tested on the standard of due diligence and professional integrity and financial propriety. In the light of this, the scope of the work in the line of duty of the deceased and correspondences papers pertaining to office files, are being examined Viz Viz financial rules, contract agreement therein terms and conditions as envisaged. It is appropriate to submit so far that during the examination of above narrated tenets nothing could be detected which could be termed to entail criminal liability.

XVIII. That it is appropriate to submit, during the course of investigation, examination of the service record of the deceased was done, wherein, it was detected that in the year 2015, the deceased was dealt with departmental procedure on account of omission and commission and for dereliction in duty, when he was posted as Executive Engineer in Bhawanagar Power Project, District Kinnaur. The Departmental procedure wherein the deceased was facing the chargesheet and in the year 2023, was exonerated from the all the charges by the Executive Director of HPSEBL.

XIX. That it is appropriate to submit that the work performance and the decisions thereto, during the tenure of deceased e in the HPPCL, the investigation was conducted to detect regarding financial propriety, complaints, inquiries, behaviour, conduct, capabilities to sustain work pressure and ability to take initiatives to accept responsibilities, to this extent, it was detected that nothing adverse was recorded against him and also it was detected that the deceased officer and it was also detected that the deceased officer did not offered/moved any complaint, dissenting note, opinion in disagreement regarding office procedure while performing his official duties Viz Viz decision taken collectively or independently so far. The documentary material examined as far. Further, there was nothing on the record to detect whereby the ineffectiveness, defects or deficiencies qua the ability of the officer was observed by the superior and complaints/reported by his junior colleagues. However, in the due discharge of the duty, the deceased officer initiated departmental action against the officer namely Sh. Bipan Guleria for his omission and commission. The above mentioned action was initiated by HPPCL for deserting the operational site during the flooding occurred in the natural disaster in August, 2024.

XX. That during the course of investigation, it was detected that the deceased had joined instant responsibility as General Manager (Electrical) in HPPCL vide dated 15.06.2024. The deceased Lt. Vimal Negi as GM in HPPCL was required to supervise the Renewable projects i.e. (1) Pekhhubella, (2), Aghlor and (3) Banjhal Renewable Energy. It is pertinent to mention that the Pekhubella Solar Power Project was commissioned on dated 15.04.2024, the financial execution to the extent of Rs. 163.37 Crores, which was approximately 80% of the total Bid Cost was already executed prior, to joining of the deceased in HPPCL. As such, the project Pekhubella Solar Power Project was accomplished to the extent as commissioned i.e. started generation of electricity. During the course of investigation, it was also detected that the decision making done through the deceased officer was only to the extent of 10% of the total cost of the project qua this, nothing adverse was detected so far, whereby any document qua the financial propriety and professional integrity can be termed illegal in terms of criminal liability. Moreover, during the course of investigation, it was detected that the total 95% of work of Pekhubella Power Project was completed before the date of joining of said project by the deceased i.e. Lt. Sh. Vimal Negi.

XXI. That it is appropriate to mention that during the course of investigation, record to ascertain the facts regarding leaves applied, leaves availed, leaves sanctioned, qua deceased for nine months the effective period for which he worked were seized. While investigating the record viz viz leaves availed by the deceased officer, the fact emerged qua his medical leaves, wherein, on further investigation regarding his health status, it was detected that deceased was undergoing treatment of nervous illness i.e. depression. The service record collected qua the health status of the deceased revealed, since the year 2020, the prescription slip qua the ailment of the deceased dated 26.11.2020of MGMSC Khanneri CH Rampur, the deceased was diagnosed for decreased sleep, trepidation, palpitation. The prescription history i.e. 23.12.2020, 25.08.2021, 01.07.2024, the diagnosed history of the doctors and consultants, who diagnosed the health pertaining to the nervous system of the decease affirmed the diagnosis and prescriptions mandated by them to ensure the curative therapies. The fact qua cognitive therapy generalized anxiety disorder, depressive illness, hypertension with generalized anxiety disorder and persistent anxiety symptoms were tested positive in the diagnostic records ie. prescription history. The above facts qua mental health of the deceased was pointed out the nervous illness i.e, depression. It is pertinent to mention that the deceased was consistently and constantly under the issues of the nervous illness leading to depression. On account of above-mentioned health status, it is relevant to mention qua deceased, such nuances of adverse health condition comprises to any individuals is/are highly susceptible to such spontaneous or instant life fatal decisions/tendencies are medically proven, among individuals, who suffers such challenging issues related to one's nervous system. That the history of chronic depression was detected in the perspective analysis of deceased qua his leaves annexed in the service record. That during the course of investigation vital aspects of personality of the deceased qua history of chronic depression was detected while conducting the personality analysis qua his leaves record seized in the service record.

XXII. That during the course of investigation, all out efforts are being made to investigate every possible aspect which could prove/disprove the causative in the incidence in terms to detect one and all elements of crime or factors otherwise led to the unfortunate incident. It is pertinent and expedient to submit, the professional profile of the deceased by also analyzed viz viz his office assignments and level of works commitments thereto. During the course of the investigation, since year 1998 till the year 2024, the deceased performed his duties in such assignment where the office commitments needed less physical and mental exertion. Whereas, it is expedient to mention that the present office commitment as a General Manager of Renewable Energy of challenges demand more personal commitment, which require more mental and physical exertion. Perhaps the deceased officer was coping with more work related exertion.

XXIII. That it is appropriate to submit during the course of investigation fact qua reasons to visit Ghumarwin were probed. During the proceeding of the investigation the fact emerged that deceased used to visit the person namely Late Sh. Daya Ram Thakur. The above named person was in old acquaintance of the deceased. The wife of late Sh. Daya Ram Thakur affirmed that earlier when the departmental proceedings against the deceased were initiated in the year 2015 the Daya Ram Thakur used to give him procedural aid and guidance.

XXIV. That during the course of investigation, sincere efforts are being made to find out every possible reason/reasons qua the incident. The angles of crime like forceful committal, like culpable homicide or other bodily harms are also being investigated. However, the Post Mortem Report of the deceased revealed that cause of the death of the deceased was "died due to asphyxia due to drowning. "The opinion was based on the diatom test relied upon by the forensic expert to this extent.

XXV. That during the course of investigation, the digital evidence i.e. list of callers in the last one month qua deceased was analyzed. The Internet Protocol Detail Record (IPDR), IP based usage, the record used by operation support system, Standard Protocol used for communication on the internet and record containing detailed information about IP based communication. record containing Meta Data to ascertain the B party i.e. whom with deceased was in interaction. This is a powerful protocol in the investigation in the internet interactions. During the course of investigation the IPDR Protocol analysis suggested no such interaction with any one which can corroborate the fact that any one was about to come to meet him from Chandigarh or any other place. Therefore, the apprehension qua drowning other than self-act, are not standing the test of any evidence on the available digital evidence so far. However, the investigation in this regard is still undergoing.

XXVI. That during the course of investigation, nothing as such qua inter personal relations in the family among relatives or persons in the acquaintances, no bitter or bad relations were detected.

XXVII. That during the course of investigation, record and evidence collected by investigating officer regarding the works conditions and interpersonal behaviour qua the deceased towards superiors and reverse by superiors towards deceased, the hierarchy chart was drawn to ascertain the truth. The direct evidence collected in terms of statements of such officials who were in the close association of the deceased, CCTV footages of the office of the deceased, the location of the office room of the deceased, the personal disclosures to friends, persons in the acquaintances, personal staff and family members were relied to collect the material facts qua such relevant facts, which are crucial to ascertain or determine the causative factors, All such direct and indirect evidence were collected, to determine the elements of crime which could have potential to generate such psychological adverse impact in terms of abetment, instigation, provocation to emanate fear, agony or such other reasons, which may prompt to take extreme steps like commission of suicide and ending one's life. To this count, mention of such facts qua inter- personal interactions, wherein, statements of the above mentioned witnesses revealed certain behavioral approach, such dealings by the immediate superiors of the deceased detected. It was detected during the course of investigation that Desh Raj, the then Director of the HPPCL and Harikesh Meena, the then Managing Director were causing improper behaviour to the deceased. The fact qua the behavioural issues by the said the then Director and the then Managing Director of HPPCL were corroborated in the statements of the independent persons also. The facts qua the psychological and mental status of deceased and statements of the witnesses regarding the behavioural issues are suggestive of the facts, investigation is being done that as such, conditions could have led to adverse impact regarding such instant decision of taking one's life are quite likely or otherwise. To this extent, the opinion of Psychiatric is being obtained. It is also pertinent to mention that during the course of investigation, efforts were made to obtain qua psychological qua autopsy viz a viz correlation drawn to instant office work environment, exertion needed to perform duties under challenging assignments. However, more investigation is need to ascertain such causative impact which could be immediate to the instant incident or otherwise are underlined in the course of investigation.

XXVIII. That it is appropriate and pertinent to submit here that the persons alleged in the FIR lodged by petitioner, wife of the deceased Smt. Kiran Negi, the then Director Deshraj and the then Managing Director Harikesh Meena and Shivam Partap are being associated in the investigation. Further, it is correct to submit that the then Director Deshraj has approached the Hon'ble Supreme Court in SLP No. 4889 of 2025-Deshraj Vs. State of HP wherein vide order dated 04.04.2025,the Hon'ble Apex Court has directed that "no coercive action shall be taken against the petitioner Deshraj." Accordingly the reply will be submitted before the Hon'ble Apex Court qua Deshraj as the case is now listed on 22.07.2025. The Hon'ble Supreme Court has issued notice and the directed that in the meantime "no coercive step shall be taken against the Deshraj.

XXIX. That in the similar line, alleged accused Harikesh Meena has also approached the Hon'ble High Court of HP in Cr. MPM No. 781of 2024- and vide order dated 07.04.2025 the Hon'ble Court has pleased to pass the order that "Police Investigating Office is directed not to taken coercive steps in terms of FIR in question." Accordingly, the status report and the replies the as listed on 29.05.2025.

XXX. That it is pertinent to mention that Director General of Police, Himachal Pradesh i.e. Respondent No. 3, constituted one Special Investigation Team (SIT), comprising Additional Director General of Police Head Quarters to make sincere endeavor with regard to the search of the deceased on 15.03.2025. Accordingly, thereon the search operation, detection of the dead body, conduct of the Post Mortem, execution of Inquest proceedings thereon collection and recording of witnesses during the Inquest proceedings was done under the able supervision of Director General of Police, Himachal Pradesh i.e. Respondent No. 3, as SIT constituted to trace the deceased and thereon proceedings needed to ascertain the causes attached to corpus delecti were squarely required to be observed by the District SP Bilaspur, the members of the SIT constituted by Additional Director General of Police, Himachal Pradesh and Director General of Police, Himachal Pradesh himself.

XXXI. That the investigation of the case is about to complete. The evidence collected during the course of investigation i.e. direct statements of witnesses relevant, documentary evidence in terms of decisions, opinions, official proceedings, electronic record, CCTV footages, person last in the company of the deceased, travel history, official diaries, laptop, pen drive, mobile phones, medical history, service record, biometric attendance and all such material evidence which can determine or otherwise ascertain reasons to prove or disprove the facts qua the incident were collected, examined, analyzed through Forensic Experts.

XXXII. That it is pertinent to submit that the digital devices of the deceased and other relevant persons were seized during the course of investigation. The personal laptop and the pen drive of the deceased was also examined. In the auxiliary device i.e. pen drive was duly submitted for the opinion of the forensic expert. The expert pointed out, the data of the pen drive was recovered by use of software Tableau Disk Duplicator TD2u and analyzed using FTK imager carving of files, the electronic evidence i.e. mobile phone of Deshraj, the then Director of HPPCL, was also obtained from the forensic expert. The experts also pointed out concealment and attempt by way of formation in the pen drive. During the course of investigation to the extent of actus reus mens rea, the act was found conanturdestruere indicium. The forensic expert, in expert opinion affirmed that the data was recovered from the auxiliary device. However, it is pertinent to mention total 4000 files comprising 12000 pages in word, Pdf, PNG, images, JPG, Excel files image comprising audio, video, images, personal medical bills, record of PPTs etc. all were recovered from the pen drive. The hard copy of the same were downloaded and print out were taken to ascertain the nature of documents. It is appropriate to submit, no such evidence was found in the digital record of the laptop as well as pen drive, wherein any causative factor leading to incident could be detected. However, the role of the police official, members of the SIT constituted by DGP HP is also investigated but no collusion was detected. It was found, act was done under self-volition. In the light of above, the police official and Home Guard volunteer of District Bilaspur are being dealt as per criminal law as well as departmental procedures. It is appropriate to submit, the inquest proceedings, post mortem, search and seizure of the body of the deceased, thereon recording of the statement of the witnesses present on the location where the dead body of the deceased Lt. Vimal Negi, was recovered the procedure adhered was conducted in District Bilaspur and Addl. DGP, CID, Members of SIT and DGP HP were seized of instant the matter. However, the District Police of Shimla had assumed the investigation on 19.03.2025.Thereon, every effort is being made, to uncover the facts qua the incident so truth & justice shall prevail.

XXXIII. That in the light of above paras, investigation conducted so far, summed as under:-

a. That the investigation done as on date, it has relied facts, based on the evidence collected, revealed the instant assignment of deceased Lt. Vimal Negi was highly onerous, required more commitment, extra exertion physical as well as mental, more efforts, extra time in comparison to his previous assignment at Shongtong Karchham, HEP.

b. That on the bases of evidence collected during the course of investigation, documentary, digital, qua the Pekhubella Solar Power Project, it emerged during the course of investigation was commissioned prior to joining of the deceased officer, approximate 80% of the financial liabilities between the contractor and the employer were defrayed and approximately 95% of the work was executed. During the tenure of Lt. Sh. Vimal Negi only 10% of the liabilities were disbursed, thereto, so far nothing as such detected in terms of decisions, whereby, any criminality could be detected. However, investigation is being done in length and breadth, to ascertain truth qua realities to meet ends of justice.

c. That during the course of investigation, the vital fact of personal nervous illness qua deceased was detected, whereby it was found that Lt. Vimal Negi was suffering from nervous illness, general anxiety disorder i.e. depression.

d. That during the course of investigation, it was detected that there were behavioural aspects qua then Director Deshraj and Harikesh Meena the than managing director.

e. That the electronic evidence collected during the course of investigation are still under Forensic Expert, the office records, documentary quite voluminous, the aspect of crime viz viz last presence seen on the Bus Stand Ghumarwin and thereon location of the dead body in Govind Sagar Lake, certain aspects thereto are still under investigation.

23. Therefore, it is most humbly prayed that the investigation under the supervision of replying respondent is being done with utmost professional integrity and ability by the experienced teams of officers but to join all the aspects, in the coming three to four weeks, the final police report is likely to be submitted before the competent court of jurisdiction.

24. That the status report may kindly be taken on record in the interest of justice.”

15. Mr. R.K. Bawa, learned Senior Counsel for the petitioner submitted that since late Shri Vimal Negi went missing on 10th March, 2025, the family of the deceased apprehended foul play. They expressed their apprehension before the authorities, however, no concrete steps were taken by the authorities to locate Shri Vimal Negi. Learned Senior Counsel submitted that it was the consistent stand of the petitioner and other family members of late Shri Vimal Negi that the disappearance of Vimal Negi was a part of larger conspiracy, however, everyone ignored this extremely important aspect of the matter and, perhaps, for extraneous reasons. Learned Senior Counsel further submitted that after the body of the deceased was recovered on 18th March, 2025 and after the post mortem report confirmed that the death had occurred 5-6 days prior to the date of examination, which was conducted on 19th March, 2025, the crucial and critical gap of 2-3 days between 10th March, 2025 up to 12th or 13th March, 2025, till date, has not been satisfactorily explained and, in fact, this important aspect of the matter is not being investigated by the SIT. He argued that the Special Investigation Team is investigating the matter with a pre-conceived notion that the deceased committed suicide, without exploring the angle of foul play in his death. According to him, all this makes the investigation suspicious and the petitioner is extremely circumspect with regard to the fairness of the investigation. Learned Senior Counsel further submitted that the petitioner has a right to demand fair investigation and this is exactly what she is demanding. He submitted that there is on record an affidavit of the Director General of Police, Himachal Pradesh and perusal thereof clearly demonstrates that the Director General of Police has expressed grave concern over the mode and manner in which the investigation is being carried out. He argued that when the Director General of Police of the State himself is circumspect about the fairness of the investigation, then, what can be the expectation thereof of an ordinary citizen like the petitioner. He further submitted that the inquiry report filed by the Additional Chief Secretary (Home), till date, has not seen the light of the day. Why the State was withholding said report and why the State was not acting upon the same, remains unexplained. As per him, the contention of learned Advocate General that the same was not yet accepted by the competent authority, was no explanation in the eyes of law, for the reason that it was an inquiry report and as there was no allegation of any bias etc. against the officer, who conducted the inquiry, prudence demanded that the State ought to have acted upon the same immediately and diligently. Learned Senior Counsel also submitted that the Special Investigation Team constituted after the body of the deceased was recovered, conspicuously made no endeavour and no effort to obtain a copy thereof so as to ascertain as to what were the contents thereof, which also demonstrates that the SIT indeed is not interested in the discovery of the truth, but its aim is ulterior. He submitted that all this was self-explanatory that the investigation was not being carried out by the SIT in a fair manner. Learned Senior Counsel submitted that the investigation does not instill any confidence and in order to provide credibility and confidence in the investigation, it is necessary that in the present case investigation is handed over to the Central Bureau of Investigation to do complete justice. Learned Senior Counsel also submitted that the SIT is adopting a partisan attitude towards the accused, who are senior officers and endeavour is being made to shelter them so that the truth is not revealed.

16. On the other hand, learned Advocate General submitted that the State is equally pained by the unfortunate demise of Shri Vimal Negi and fair investigation is being conducted in the FIR so as to ascertain the truth. Learned Advocate General submitted that immediately after Shri Vimal Negi went missing, an SIT was constituted by the Director General of Police to locate him. Thereafter, after his dead body was recovered, Superintendent of Police, Shimla constituted an SIT on 19th March, 2025 to investigate the matter. He submitted that the officers and officials who are part of the SIT, are men of integrity. They are conducting the investigation in a fair manner and investigating the matter from all angles. The investigation is also being conducted to ascertain as to whether there is any foul play in the death of Shri Vimal Negi or not. Learned Advocate General submitted that as the SIT was conducting the investigation in the right direction, there was no need for handing over the case to the Central Bureau of Investigation. Learned Advocate General argued that when the Special Investigation Team is not remiss in its duties, handing over the investigation to the Central Bureau of Investigation will cast aspersions on the fairness of the Police Department, which shall not augur well for the State. On the issue of report of the Additional Chief Secretary (Home) to the Government of Himachal Pradesh, learned Advocate General submitted that as the report had not yet been approved by the competent authority and was pending consideration, therefore, there was no occasion for the report to be submitted to anyone or for anyone to act upon the same or for the SIT to have had obtained a copy thereof. He argued that the SIT could not have had access to the said report, as it has not yet been approved by the competent authority. As regards the affidavit filed by the Director General of Police, learned Advocate General submitted that the Director General of Police had erred in filing the affidavit in the mode and manner in which it was filed, for the reason that the affidavit filed by the Superintendent of Police, Shimla was self-explanatory that the investigation was being carried out in a fair manner. On the issue of the apprehensions raised by the Director General of Police with regard to the fairness of the investigation, learned Advocate General submitted that the same were completely ill- founded. He submitted that it was not as if the present SIT destroyed the evidence as was being portrayed by the petitioner. He submitted that as far as the issue of Pen Drive being recovered from the body of the deceased is concerned, investigation by the present SIT revealed that the same was taken into possession by one Police Official-Pankaj Kumar, who was deputed by the Station House Officer, Bilaspur, who himself was a part of the SIT constituted by the Director General of Police and when this fact came to the notice of the present SIT, they recovered the Pen Drive from Pankaj Kumar and examination thereof thereafter revealed that the Pen Drive had been formatted on 21.03.2025. He submitted that all this demonstrates that the investigation was being carried out in the right direction with full fairness and, therefore, there was no occasion for the petitioner to have any concern about the fairness of the investigation. By placing reliance upon the judgment of the Hon’ble Supreme Court, learned Advocate General argued that time and again Hon’ble Supreme Court has cautioned the High Courts that investigation should not be ordered to be transferred to the Central Bureau of Investigation in a routine manner and it is only in exceptional circumstances that this extraordinary power should be exercised by the High Court. Learned Advocate General submitted that in the facts of the present case, there is no occasion for the High Court to exercise this extraordinary jurisdiction, because the investigation is being carried out in a fair manner so as to ensure that the justice is done to all. Accordingly, he prayed that the petition be dismissed.

17. Mr. Hamender Singh Chandel, learned counsel appearing for the Himachal Pradesh Power Corporation Limited submitted that all cooperation is being extended by the Corporation to ensure that fair investigation is being carried out in the matter.

18. I have heard learned Senior Counsel for the petitioner, learned Advocate General as well as learned counsel for the respondent- Corporation.

19. Before proceedings further, at this stage itself, this Court would like to refer to the law laid by Hon’ble the Supreme Court of India as to the power of High Court under Article 226 to direct an enquiry by the CBI.

20. In Secretary, Minor Irrigation & Rural Engineering Services, UP and others, (2002) 5 Supreme Court Cases 521. Hon’ble Supreme Court has been pleased to hold that while none can dispute the power of the High Court under Article 226 of the Constitution of India to direct an enquiry by the CBI, the said power can be exercised only in cases where there is sufficient material to come to a prima facie conclusion that there is a need for such enquiry. Hon’ble Supreme Court went on to hold that it is not sufficient to have such material in the pleadings. On the contrary, there is a need for the High Court on consideration of such pleadings to come to the conclusion that the material before it is sufficient to direct such an enquiry by the CBI.

21. The five-Judge Bench of Hon’ble Supreme Court in State of West Bengal and others versus Committee for protection of democratic rights, West Bengal and others (2010) 3 Supreme Court Cases 571 has been pleased to hold as under:-

“Learned counsel vehemently argued that the stand of the appellants that the exercise of power by the Supreme Court or the High Courts to refer investigation to CBI directly without prior approval of the concerned State Government would violate the federal structure of the Constitution is again misconceived as it overlooks the basic fact that in a federal structure it is the duty of the courts to uphold the Constitutional values and to enforce the Constitutional limitations as an ultimate interpreter of the Constitution. In support of the proposition, learned counsel placed reliance on the decisions of this Court in State of Rajasthan & Ors. Vs. Union of India & Ors.4, S.R. Bommai & Ors. Vs. Union of India & Ors.5 and Kuldip Nayar & Ors. Vs. Union of India & Ors.”

22. Thereafter, in K.V. Rajendran versus Superintendent of Police CBCID South Zone, Chennai and others (2013) 12 Supreme Court Cases 480, Hon’ble Supreme Court has reiterated that the power of transferring investigation to CBI must be exercised in rare and exceptional cases where the court finds it necessary in order to do justice between the parties and to instil confidence in the public mind, or where investigation by the State police lacks credibility and it is necessary for having “a fair, honest and complete investigation”, and particularly, when it is imperative to retain public confidence in the impartial working of the State agencies.

23. In Himanshu Kumar and other versus State of Chhattisgarh and others (2023) 12 Supreme Court Cases 592, Hon’ble Supreme Court has reiterated that the power to transfer an investigation must be used sparingly and only in exceptional cases and that an aggrieved person can only claim that the offence he alleges be investigated properly, but he has no right to claim that it be investigated by any particular agency of his choice.

24. Recently, Hon’ble Supreme Court in Vinay Aggarwal versus State of Haryana and others, 2025 Supreme Court Cases online 704, decided on 02.04.2025, has reiterated that High Courts should direct for CBI investigation only in cases where material prima facie discloses something calling for an investigation by CBI and it should not be done in a routine manner or on the basis of some vague allegations.

25. The issue before this Court is as to whether in the facts and circumstances of the case, the request of the petitioner to transfer the investigation to the Central Bureau of Investigation is justified or not

26. Shri Vimal Negi was an employee of the Himachal Pradesh State Electricity Board Limited. The Court was informed that he was serving the Himachal Pradesh Power Corporation Limited on deputation/ secondment basis. He joined the Headquarter in the month of June, 2024 as a General Manager and was having the charge of General Manager (Electrical/Renewal Energy). Shri Vimal Negi went missing during office hours in mysterious circumstances on 10th March, 2025. His family apprehended foul play and they brought this fact to the notice of the authorities concerned. The body of Shri Vimal Negi was recovered on 18th March, 2025 at Goha in District Bilaspur. Thereafter, an FIR was registered on 19th March, 2025 (Annexure P-2) under Sections 108 and 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023 at Police Station New Shimla. The FIR was lodged against unknown persons.

27. Incidentally, a perusal of the FIR demonstrates that it was mentioned therein by the complainant that her husband, who was serving as Chief Engineer/General Manager, H.P. Power Corporation Limited had gone missing and she had lodged complaint with the Chief Minister, Additional Chief Secretary (Home), Director General of Police and Director General of Police (CID) on 15th March, 2025. On 18th March, 2025, the dead body of her husband was recovered in District Bilaspur from the Bhakra Dam. She had brought to the notice of the authorities in terms of her earlier letter that her husband was being harassed by the officers of H.P. Power Corporation Limited, particularly, Shri Desh Raj, Director (Electrical) and she demanded in the FIR that a criminal case be registered against the accused and action be taken in accordance with law. Yet, for the reasons best known, in Column No. 7 of the FIR, under the Heading of accused “Unknown” was mentioned.

28. Be that as it may, thereafter on 19th March, 2025 in terms of Annexure P-3, Secretary (Power) to the Government of Himachal Pradesh issued an order, in which, it was mentioned that as Shri Vimal Negi, General Manager, Himachal Pradesh Power Corporation had died in very unfortunate circumstances and as there were allegations that he was under pressure in his organization and as the issue was raised in the Vidhan Saba, media and representation to the same effect was received from the employees of HPPCL, therefore, whereas the Police was inquiring into the circumstances of the death of Shri Vimal Negi, to go deeper into the issue regarding allegations against the Management of HPPCL, Shri Onkar Sharma, Additional Chief Secretary (Home/Revenue) was called upon to hold an in-depth inquiry, in which, he was to associate the family members, empoyees and anybody else, who wish to give his or her inputs. It was mentioned in the order that the officer was to submit his report within a period of 15 days. It was further mentioned that in order to ensure the credibility of inquiry, both Shri Harikesh Meena, Managing Director, HPPCL and Shri Desh Raj, Director (Electrical), HPPCL will not attend their duties in HPPCL.

29. Pursuant thereto, inquiry was held by the Additional Chief Secretary (Home) and he submitted his report on 8th April, 2025. However, from 8th April, 2025 till date, the inquiry report has not been acted upon by the Government. In fact, the same was not even filed before the Court and it was produced in the Court for the perusal of the Court pursuant to the orders passed by this Court.

30. As per learned Advocate General, as the report is under consideration of the competent authority and as the same had not yet been accepted by the competent authority, the same was correctly withheld. However, a perusal of the record, more so, the affidavit filed by the Additional Chief Secretary (Home) on 16th May, 2025 demonstrates that after the officer had submitted the inquiry report on 8th April, 2025, he received a communication from Secretary (Power) on 14th May, 2025, in which it was mentioned that the report of the officer was examined in consultation with the learned Advocate General and it was advised that the inquiry report was a set of statements and had travelled “beyond the scope”, which was related to the unfortunate death of late Shri Vimal Negi. In the inquiry report, certain observations were made against delinquent officers without giving them an opportunity of rebuttal, which was an essential requirement of the principles of natural justice. The matter was, therefore, reverted back to him to put the alleged statements/allegations to affected officers to reach a fair fact finding. On receipt of this communication, which is appended with the affidavit filed by the Additional Chief Secretary (Home), he on the very next day, i.e., 15th May, 2025, in terms of Annexure R-IV, appended with his affidavit, reverted back to the Secretary (Power) and reiterated his report by stating that he had submitted his report in terms of what came to his notice during the course of inquiry. He also mentioned in the said communication that during the course of inquiry, none had raised any issue about the principles of natural justice, including the Delinquent Officers and rather they had appended their signatures on the statements after due satisfaction with the recording thereof. It was also mentioned in the said communication that the right of rebuttal to the delinquent officers is only available when such officer faces regular departmental inquiry and as he had only conducted fact finding inquiry, there was no requirement of giving any opportunity of rebuttal etc.

31. This Court is of the considered view that the mode and manner in which the Government dealt with the report of the Additional Chief Secretary (Home), raises serious questions. First of all, when Secretary (Power) had called upon the Additional Chief Secretary (Home) to hold a fact finding inquiry and the officer had done so, the State ought to have had acted upon it dispassionately, rather than becoming a mouthpiece of delinquent officers so as to propagate the cause of delinquent officers. Once the officer had submitted his report, the competent authority could have had furnished the inquiry report to the delinquent officers and sought their response thereto. However, rather than doing this, the State chose to sit over the same and ensured that the inquiry report does not see the light of the day.

32. Incidentally, the SIT which was constituted by the Superintendent of Police, Shimla on 19th March, 2025 to investigate the death of Shri Vimal Negi also conveniently chose not to seek a copy of the report from the officer concerned. It is not as if the factum of inquiry having been entrusted to Additional Chief Secretary (Home) was a secret which was not in the knowledge of anyone. This fact was in public domain that after the unfortunate incident, after the recovery of the body of Shri Vimal Negi, Additional Chief Secretary (Home) was entrusted with an inquiry in this regard. Contention of learned Advocate General that as the inquiry report was under consideration of the competent authority, therefore, the SIT could not have had access to it, cannot be accepted. Nothing prevented the SIT from seeking a copy of the inquiry report from the officer concerned, but it chose not to do so.

33. Now, incidentally, a perusal of the inquiry report conducted by the Additional Chief Secretary (Home) demonstrates that Shri Manish Chaudhary, DGM (Electrical)-Cum-HOP, Solar Power Project, Anu, District Hamirpur, who appeared as PW-20, stated that he was Member Secretary of Extension of Time Committee formed under the Chairmanship of late Shri Vimal Negi, who was looking into the issue of delay analysis of Pekhubella Solar Power Project. He stated that he and deceased Vimal Negi were called by Shri Desh Raj, Director (Electrical) while they were finalizing the final draft proceedings of said Committee meeting held on 27th and 28th February, 2025, who pressurized them to minimize the delay on the part of Contractor M/s Prozeal Private Limited. The delay in the initial draft on the part of the Contractor was assessed at 45 days, but due to the pressure of Director (Electrical), they brought it down to 23 days. Said witness further stated that Director (Electrical) while pressurizing them used to threaten by saying that “aap problem mein aa jaoge”. This witness also deposed that it appeared that Shri Desh Raj was biased while issuing such directions, more so, when he was not even a Member of the Committee, yet he intervened in the preparation of the proceedings of the Committee. It is further mentioned in the report that PW-5 Rajnish Katoch, Senior Manager (Electrical) HPPCL, Corporate Office, Shimla stated that on 07.03.2025, the Director (Electrical) Shri Desh Raj pressurized the deceased in his presence to raise the revenue projection of Pekhubella Solar Power Project at Rs.25 Crore instead of Rs.19 Crore for the purpose of status note to be presented in the Vidhan Sabha Session. Inquiry Officer has also mentioned in his report that it is matter of investigation as to what was the modus operandi on the part of Shri Desh Raj, Director (Electrical) and Shri Harikesh Meena, IAS, Managing Director to enhance the alleged revenue projection, by allegedly pressurizing the deceased. Further, in terms of this inquiry report, PW-15 Shri Bipan Guleria, Senior Manager (Electrical) had deposed that Shri Vimal Negi was continuously being pressurized by the Shri Desh Raj, Director (Electrical) and Shri Harikesh Meena, IAS, Managing Director to issue completion certificate of the project to the contractor concerned so as to release 10% payment to M/s Prozeal Private Limited. This witness stated that he vide N-120 of File Mark PW15/B had mentioned that the extension of time case was being processed and not yet finalized/approved by the competent authority i.e., Board of Directors. Therefore, the payment against milestone four, i.e., on completion of Project can only be processed after finalization of extension of time case. This was his recommendation. However, as per N-121, PW-15 Shri Bipan Guleria was asked by the deceased as per the direction of Shri Desh Raj to release payment amounting to 10% of the amount to the Contractor without the approval of the competent authority, i.e., Board of Directors. The quantum of pressure mounted upon deceased late Shri Vimal Negi and the malafide intention on the part of Shri Desh Raj to release the payment to M/s. Prozeal Private Limited could be inferred from his Notings at N-124, Page No. 165, Mark PW15/B, whereby Shri Desh Raj, Director (Electrical) had made very strong observation without obtaining the approval from the competent authority. As per the Enquiry Officer, what was the alleged deep routed conspiracy between Shri Harikesh Meena, IAS and Shri Desh Raj and modus operandi on their part by pressurizing the deceased late Shri Vimal Negi and PW-15 to release 10% payment to the Contractor was a matter of regular investigation to be conducted by the Expert Agency. Besides this, in his report, Additional Chief Secretary (Home), in detail, referred to the mismanagement and financial bungling in HPPCL, Corporate Office, Shimla, undue favour meted out to M/s Prozeal Infra Engineering Private Limited and pressure exerted on various Committees by the accused. Other lapses in Pekhubella Power Project and land lease matters etc. at the behest of accued, have also been dealt with in detail in the said report. As per him, there was enough material on record to demonstrate that there was mental pressure and stress not only on the deceased late Shri Vimal Negi, General Manager (Electrical), but also on other employees of HPPCL, Corporate Office, Shimla during the tenure of Shri Desh Raj, Director (Electrical) and Shri Harikesh Meena, IAS, Managing Director. However, taking into consideration his limited authority, he deemed it necessary to desist from arriving at a conclusion that may prejudice the ongoing criminal investigation.

34. In the backdrop of this report of Additional Chief Secretary (Home), if one peruses the status report of Superintendent of Police, Shimla, a perusal thereof, inter alia, demonstrates that perhaps no investigation has been carried out by the SIT from the perspective of alleged pressure mounted upon the deceased by the accused with an ulterior motive. What the Inquiry Officer could pen down in his inquiry report within 15 days, till date, has not been unraveled by the SIT, which was constituted as far back as on 19th March, 2025. In fact, all that is mentioned in the affidavit is that it was detected during the course of investigation that Desh Raj, the then Director of HPPCL and Harikesh Meena, the then Managing Director were “causing improper behavior” to the deceased. The fact qua behavioural issues by the said the then Director and the then Managing Director of HPPCL were corroborated in the statements of the independent persons also. The facts qua the psychological and mental status of deceased and statements of the witnesses regarding the behavioural issues were suggestive of the fact that such conditions could have led to adverse impact regarding such as an instant decision of taking one’s life are quite likely or otherwise. It is further mentioned in the report that to this extent, the opinion of Psychiatric Department was being obtained and during the course of investigation, efforts were also made to obtain report qua “psychological autopsy vis-à-vis correlation drawn to instant office work environment, exertion needed to perform duties under challenging assignments”.

35. This Court is appalled by the mode and manner in which the investigation indeed is going on in terms of the affidavit filed by the Superintendent of Police, Shimla. It appears as if the SIT is of the view that its job is to investigate whether deceased Vimal Negi ended his life for the simple reason that he was being subjected to improper behavior by Shri Desh Raj, Director (Electrical) and Shri Harikesh Meena, IAS, Managing Director. The affidavit is conspicuously silent as to what investigation has been carried out by the SIT till date from the angle that Vimal Negi was pressurized by his superiors for extraneous reason to help a Project proponent. Why so, this only the SIT can answer. Had the SIT been prudent to investigate the issue from the perspective of the petitioner and had the SIT investigated the matter from the perspective of the statements of officers/officials of HPPCL who corroborated that Shri Vimal Negi was being harassed and pressurized by his seniors for extraneous reasons, situation would not have arisen for the petitioner to knock the doors of justice. During the course of his submissions, learned Senior Counsel for the petitioner had submitted that as per post mortem report, Shri Vimal Negi probably died around 13th /14th March, 2025, yet no endeavour was being made to ascertain as what transired between 10th to 13th March, 2025. A perusal of the affidavit of the Superintendent of Police, Shimla does not throw any light on this aspect of the matter. When the family of the deceased was crying hoarse from day one that there was some foul play in the death of Shri Vimal Negi, why till date, no investigation was being carried out by the SIT to ascertain as to what transpired from 10th March, 2025 up to the recovery of body of the deceased, defies any logic. In fact, it is strange that the first SIT, constituted on 15th March, 2025, to trace Sh. Vimal Negi, despite technology being at its disposal, was not able to locate him. One more fact which needs to be highlighted at this stage, on the basis of the contents of affidavit of the Superintendent of Police, Shimla, is that SIT is trying to portray that the deceased was having history of nervous disorder/illness etc. Why so, this also the SIT can only answer. The affidavit is conspicuously silent from the perspective of investigation from the angle of the involvement of the accused in pressurizing Vimal Negi in releasing payments etc. in favour of a Project proponent and coercing him to perform other acts to grant undue favour upon the Project proponent.

36. Now, I will deal with the status report submitted by the Director General of Police, which I have quoted in detail in the earlier part of the judgment. The Director General of Police in his affidavit dated 19th May, 2025 has raised very serious doubts over the mode and manner in which the investigation is being carried out in the matter. According to him, the factum of Pen Drive which was presumably found on the body of the deceased containing criminal evidence having been tempered/destroyed after discovery was serious misconduct on the part of the SIT. He in detail has mentioned in his affidavit about the non-cooperation extended to him in the filing of this affidavit by the Superintendent of Police, Shimla, who directed the authorities not to provide any material to the Director General of Police of the State, to enable the Director General of Police to file a status report in terms of the direction of this Court, on the ground that the results of the experts be handed over to the Investigating Officer only as if such report was handed over by the State Forensic Science Laboratory, Junga to any other authority or office, (which in the present case was none other than the Director General of Police), then the admissibility of such report/evidence may become questionable during the course of trial. In terms of the affidavit filed by the Director General of Police, he has raised the following pertinent questions on the conduct of the investigation, which at the cost of repetition, are again being quoted hereinbelow in verbatim: -

“1. Why was the Pen Drive formatted (as per SFSL report) and how many people knew that Pen Drive had been recovered from the dead body way back on 18th march itself These questions need to be answered as it casts doubt on the integrity of the investigation carried out so far. Who was ASI Pankaj speaking to regarding Pen Drive after it was recovered from the dead body of Shri Vimal Negi During the discussion with 02 SIT members on discussion 14.05.2025, it was verbally told to me that it could be SHO Sadar Shimla, Dy. SP Amit and MHC PS Sadar Shimla. There was no clarity on why it was not clear whom these three officers were in turn speaking to when CDR/IPDR of the above three officers could have revealed. These are very basic and intuitive next steps of investigation. The fact that this conversation of ASI Pankaj was also recorded in a mobile phone of a bystander fisherman, should have enabled the SIT to time stamp this conversation of ASI Pankaj and thereafter investigate the chain of people on the who those persons (whom ASI Pankaj spoke with) spoke to in turn.

2. I have serious concerns with 02 SIT members refusal/inability to show Vimal Negi diaries on 14.05.2025 when they met me. They abruptly said after lunch that they had to go to prepare the case summary etc. relating to bail matter of Shri Harikesh Meena in this case (Annexure-XII). It seems to be an afterthought, as it is difficult to imagine that they did not know in the morning that the date of this bail matter in the court is next day. It is to be noted that the 02 members of SIT after a lot of resistance from SP Shimla had come with suitcases and trunk full of documents and gave me only two to three hours to examine them and have since not returned till the writing of this report. Also, CCTNS record available electronically to superior officers were not found to be updated.

3. It is also important to note that a non- member of SIT formed by me (Annexure-XIII) to trace then missing Shri Vimal Negi was sent to handle formalities after sighting of dead body of Shri Vimal Negi in Bilaspur was reported. It is noteworthy that the past reputation of this person, ASI Pankaj is not the best as he has been involved in case FIR No. 63/2015 u/s 307, 324, 34 IPC and 25, 27, 54/59 of Arms Act registered at PS Sadar Shimla to an alleged firing incident involving his service pistol and put in OUSP (Officer Undesirable for Sensitive Posts) list as a result of gravity of the allegations. He has been reportedly acquitted.

4. Also notable is the fact that Inspector Manoj who has written case diary No.26 of 13.04.2025 regarding seizing of phone of fisherman Sunil Kumar which had video recording of ASI Pankaj Kumar talking to someone regarding recovery of Pen Drive from the body of the deceased (as told by SIT members) and who recorded statement about these and Dy. SP Vikram Chauhan who recorded statement of Shri Naveen Kumar, Shri Ashwani, Shri Naman Mishra, Shri Manoj Kumar who were present at the site where the dead body of Shri Vimal Negi was recovered as per CD No. 25 dated 11.04.2025, went on relatively long leave in the middle of the investigation immediately after they were involved in recording statements regarding sighting of Pen Drive along with dead body of Shri Vimal Negi. The summary of case diary No.24 submitted to me by 02 SIT members on 14.05.2025 does not have details of the statement and was not shown to me after lunch when requested. Going by the fact that these 04 people who gave statements and were present at the site of recovery of dead body of Shri Vimal Negi, the statements may contain regarding sighting of Pen Drive. The long leave of Dy. SP Vikram Chauhan and Inspector Manoj Kumar at this juncture of investigation have been noted by me.

5. It is not clear whether and when was action taken against ASI Pankaj despite a 13.04.2025 CD (Case Diary No. 26) showing that he kept the pen drive with him after recovery on 18.03.2025 and surrendered it only after multiple witnesses’ statements. Even though, RFSL report has come on around 9th May there was enough evidence of mis-conduct in mid-April itself.

6. There are unanswered questions as to how 4000 plus files (not pages) were examined by a single ASI and decision taken to format within 3 days. Were there more people who were assisting him in his job and if so, who are they As discussed above, there were chats about keeping copy and then deleting (in a phone reported by SFSL). Where is this copy Efforts must be made to retrieve it A belated move to possibly add section 238 of BNS for destruction of evidence only against ASI Pankaj may not be enough.

7. Question also arises as to whether all documents have been retrieved from the formatted pen drive using the forensic tools available with SFSL, Junga. I am in receipt of a letter from DIG, SR wherein she has mentioned about three cases in which case materials were sent to CFSL and they recovered more data than what was recovered by SFSL, Junga (Annexure-XIV). In any case, some files in its pen drive were found to be ‘Corrupted’.

8. Superintendent of Police, Bilaspur has also sent a letter (Annexure-XV) in which he has mentioned regarding recovery of dead body of Shri Vimal Negi in the presence of boatmen, who spotted the dead body and has commented that the initial search of deceased Shri Vimal Negi was conducted by either ASI Paknaj or Fisherman Sunil Kumar on the direction of ASI Pankaj prior to the arrival of police station team, PS Talai,. He has further written that Inspector Manoj Kumar, SHO, PS, New Shimla seized a mobile phone and disclosed-over phone that ASI Pankaj has produced 1 pen drive that was recovered from the dead body of deceased Sh. Vimal Negi. SP Bilaspur has conducted a fact- finding enquiry regarding recovery of a pen drive from the dead body of deceased Sh.Vimal Negi after social media/news circulation of an article published on 20.04.2025. The promptness of SP Bilaspur is in sharp contrast to the efforts made by SP Shimla.

9. I have noted with concern that whereas 2 personal diaries of deceased Sh. Vimal Negi were seized on 22.03.2025 (CD No. 04 from summary of CDs) and some of his other material including laptop were recovered in March itself, mobile phone of Sh. Desh Raj was seized on 07.04.2025 (CD No. 20 in summary of CDs) and of Sh. Harikesh Meena IAS on 23.04.2025 (CD no. 36 A in summary of CDs) after Sh. Meena had been interrogated many times by the SIT.”

All these issues flagged by the Director General of Police, Himachal Pradesh raise grave doubts over the fairness of the investigation being conducted, indeed, though veracity of said status report has been questioned by the learned Advocate General.

37. This all demonstrates that whereas the SIT is claiming that it is carrying out the investigation in correct perspective, however, the Director General of Police, Himachal Pradesh has his disagreements with the same. Not only this, the mode and manner in which the investigation is being carried out by the SIT, prima facie, is also not in sync with what has come in the inquiry report of Additional Chief Secretary (Home). This Court is refraining itself from making any further observation in this regard. To say the least, if the Director General of Police of the State himself has a concern about the fairness of the fairness of the investigation, then even if this investigation is being carried out by the SIT in right earnest, it shall never instill confidence whatever may be the report of the SIT.

38. In the light of the above discussion, this Court is of the considered view that in this case, there is an exceptional situation, which requires that the matter be investigated by the Central Bureau of Investigation. Herein the Director General of Police, Himachal Pradesh himself has raised grave concerns about the mode and manner in which the investigation is being carried out in his status report. The Special Investigation Team which is constituted under the supervision of Superintendent of Police, Shimla, through Advocate General, has raised questions over the authority of the DGP to raise such kind of question marks on the investigation being conducted by the SIT. The report of the inquiry conducted by an officer of the rank of Additional Chief Secretary (Home) has not seen the light of the day. This inquiry report casts serious aspersions on the conduct of the superior officers of late Shri Vimal Negi and raises fingers on the impropriety exercised by them to allegedly confer favours over a Project proponent. The affidavit of the Superintendent of Police, Shimla demonstrates that no concrete inquiry in this regard has been made by the SIT till date, i.e., for almost last two months, despite the fact that from day one, the family of the deceased has been crying hoarse that initially the missing and thereafter the death of Sh. Vimal Negi is shrouded with suspicious circumstances.

39. Therefore, to give credence to the investigation so that the matter is investigated impartially, this Court allows this petition and directs that the investigation in the matter be handed over to the Central Bureau of Investigation by the State Police, which shall carry out investigation in the matter, in accordance with law. In the course of conduct of said investigation, the Central Bureau of Investigation shall ensure that no officer from the Himachal Pradesh Cadre shall be a part of the Special Investigation Team that may be constituted by it, for investigation. This Court hopes and expects that the CBI shall carry out the investigation impartially and as expeditiously as possible. Petition stands disposed of accordingly, so also pending miscellaneous applications, if any.