http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 3  

PETITIONER: DR. (MRS.) NEERAJ BALA GOSWAMI

       Vs.

RESPONDENT: STATE OF UTTAR PRADESH & ORS.

DATE OF JUDGMENT:       11/04/1996

BENCH: RAY, G.N. (J) BENCH: RAY, G.N. (J) HANSARIA B.L. (J)

CITATION:  JT 1996 (4)   138        1996 SCALE  (3)427

ACT:

HEADNOTE:

JUDGMENT:                       J U D G M E N T G.N. RAY.J.      In  this  application,  respondent  No.3  Sri  Surender Mohon, has  prayed for direction to expunge the remarks made against him in the order dated 21.11.1994 passed in the writ petition filed  by Dr.  (Mrs.) Neeraj  Bala Goswami. For the the purpose  of appreciating  the  prayer,  some  background facts may be reiterated.      A young  soldier Sri  Shyamai Goswami of Meerut gave an exemplary display  of courage  risking his  own life for the defence of  his motherland  during indo-Chinese war in 1962, when he  was in  an army  detachment in  a forward  area  in Chusul.  At   the  gravest  risk  of  his  life,  he  faught undauntedly against  a heavy  detachment of Chinese army and by that  process became  severly wounded.  Later on,  he was rescued and  treated. But  his legs  had to  be amputed.  In recognition of  his  gallantry  and  exemplary  courage  and devotion to duty, he was awarded the highest gallantly award for an  army personnel:  "Mahavir Chakra". In the year 1992, the Government  of U.P.  gave Col.  Goswami a land measuring about 2  bighas 11  biswas and  on getting  a dealership  of licence of  L.P.G. from Indian Oil Corporation. Col. Goswami used to  run the  said Gas  Agency. Col. Goswami married the petitioner, Dr. Neeraj Bala Goswami, but it appears that the conjugal life  had to suffer a rough weather. At the time of his death,  his wife used to live separately. In April 1992, Col. Goswami  was found  murdered in his house in the campus of Goswami  Gas Agency.  After the  death of  Col.  Goswami, dispute as to ownership of the Gas Agency and right to carry on the said agency arose between his widow Dr.Neeraj Goswami and the  sisters of  Col. Goswami,  particularly Sm.  Ashoka Trikha, who  claimed to  be a  partner of  Col. Goswami long before his death.      The applicant is the husband of one of the real sisters of Col.  Goswami, Sm.  Deepashree Mohon respondent no.14. He is  a  very  senior  member  of  the  Indian  Administrative

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 2 of 3  

Service. While  holding a  very senior  assignment as an IAS Officer in  Utter Pradesh  Cadre, the  applicant  wrote  two letters one dated 10th August 1993 to the Executive Director of Indian  Oil Corporation  and the  other dated May 5, 1994 addressed to the Principal Secretary. Home Department of the State of  U.P. In the order dated 21.11.1994 it was observed that "we  are of  the view that respondent No.3 Sri Surendra Mohon had  acted with  gross impropriety and in violation of the office  by addressing  letters dated 10th August 1993 to the Executive  Director of Indian Oil Corporation and letter dated  5th   May  1994  to  the  Principal  Secretary,  Home Department of  the  State  when  his  wife  and  other  near relations  were   involved  in   the  matter.   We  strongly disapprove of his conduct."      Along with  this application, the applicant has annexed both the  said letters  and has  given his explanation as to why and  under what  circumstances and  for what purpose the said letters  were written  by him. After giving our careful consideration to  the letter  dated 5th  May, 1994 addressed to the  Principal Secretary, Home Department of the State of U.P., it transpires to us that the said letter was addressed not with  a purpose to influence the course of investigation of the case relating to unfortunate murder of Col. Goswami, who  was the  real  brother  of  the  wife  of  the applicant. There is no difficulty in appreciating the anguish of  the applicant  in not solving the case of murder of a  valiant son  of the country, committed in a mysterious circumstance. It appears to us that the letter was addressed so that  the investigation  in the  case of  murder is taken more vigorously  by requisitioning  the service  of the  CID department. Normally,  such prayer  is often  made  by  near relations and  friends, when  the police  falls to solve the mystery of  murder. But the applicant was a senior member of the  IAS.  His  letter  is  likely  to  assume  a  different dimension and  it is  not  unlikely  that  such  letter  may influence  the   course  of   action  to  be  taken  by  the department. Since  such letter  was written to the Principal Secretary of  the Home  Department, we do not think that the same was  written with  any intention  to influence  another very senior  member of  the cadre. On reconsideration of the facts and  circumstances of  the case.  We  feel  that  such letter was addressed bonafide in an anxiety to ensure speeds and effective  investigation in  the case  of murder of Col. Goswami. The applicant, therefore may not deserve the strong observation made  by this  Court for  the said letter in the order dated 21.11.1994.      So far as the Letter dated August 10, 1993 addressed to the  Executive   Director  of   Indian  Oil  Corporation  is concerned, the  applicant being  a senior  member of the IAS and holding  a high  office of  responsibility  should  have desisted writing of the said letter when in the rival claims for the  gas agency, his very close relations were involved. There is  no  difficulty  in  appreciating  the  applicant’s concern for  his near relations at the personal level but in his official  capacity, such  letter should  not  have  been addressed. It  was expected  of the applicant to be alive to the possibility  that  such  letter  was  likely  to  create prejudice against the other rival claimant.  However,  on  a careful consideration  of the facts and circumstances of the case and  noting that  petitioner  Dr.  Neeraj  Goswami  was approaching various authorities including the political high ups to  recommend her  case for  giving the  agency  in  her favour, it appears to us that the said letter was written to highlight the  viewpoint of  the other  claimant Sm.  Ashoka Trikha so  that the  authorities concerned  may consider the

http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 3 of 3  

rival claims  after keeping  in mind  the relevant facts and circumstances. Although such course of action on the part of the applicant  was unwise  and should  have been avoided, it appears to  us that the said letter was not written with any malafide intention.  Considering the  statements made in the application, we  do expect  that the applicant would be more careful  in  future  in  writing  letters  in  his  official capacity.  He  has  genuinely  regretted  for  failing    to appreciate the  consequence which  his letter  was likely to bring about.      We, therefore,  modify the  order dated  22.11.1994  by expunging the  observation made  in connection with both the said letters. The application is disposed of accordingly.