REGISTERED No. D. (D)-72
The Gazette of India
EXTRAORDINARY
PART II—Section 3—Sub-section (ii)
PUBLISHED BY AUTHORITY
No. 236] NEW DELHI, THURSDAY, JUNE 9, 1977/JYAISTHA 19, 1899
Separate paging is given to this Part in order that it may be filed as a separate compilation.
MINISTRY OF HOME AFFAIRS
NOTIFICATION
New Delhi, the 9th June 1977
SO. 389(E).—Whereas the Central Government is of opinion that it is neces- sary to appoint a Commission of Inquiry for the purpose of making an inquiry into a definite matter of public importance, namely, the need to ascertain whether there was, on the part of any public servant or person in authority,—
(i) any deviation from any rule or established procedure or (II) any suppression of, 01 omission to verify, any relevant fact or circums- tance,
in relation to, or connected with, the chain of events commencing with the taking out of a sum of rupees sixty lakhs from the State Bank of India, Parliament Street, New Delhi, on May 24, 1971, by Shri Ved Prakash Malhotra, the then Chief Cashier of the said branch of the State Bank of India, including the subsequent criminal proceedings against Shri R S Nagarwala, son of late Shri S Nagarwala, and his death;
Now, therefore, in exercise of the powers conferred by section 3 of the Com- missions of Inquiry Act, 1952 (60 of 1952), the Central Government hereby appoints a Commission of Inquiry consisting of a single-Member, namely, Shri Jagan Mohan Reddy. a retired Judge of the Supreme Court of India.
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2 02, The terms of reference of the Commission shall be as follows."—
(a) to examine and evaluate the evidence which has already been obtained, or may be obtained by the Commission or may be produced before it with regard to the matters mentioned In the Annexure to this tiotiflcatloxi,
(b> to make such further Inquiry as-the Commission may consider desira- ble in order to obtain, to the extent possible, a full picture of all the facts and circumstances relating to the matters referred to in the Annexure, and
(c) to inquire into any other matter which arises from, or Is connected with or Incidental to any act, omission or transaction referred to in the Annexure aforesaid
3 The headquarters of the Commission shall be at Delhi.
4. The Commission will complete its inquiry and report to the Central Govern- ment on or before the 31st day of December, 1977; and may also submit such interim report or reports concerning such matter or matters, referred to in the Annexure, as it may think flt
5 And whereas the Central Government is of opinion, having regard to thf nature of the inquiry to be made and other circumstances of the case, that all the provisions of sub-section (2), sub-section (3), sub-section (4) and sub-section (5) of section 5 of the Commissions of Inquiry Act 1952 (60 of 1952), should be made applicable to the Commission, the Central Government hereby directs, m exercise of the powers conferred by sub-section (1) of the said section 5, that all the provisions of the said subsections) (2), (3), (4) and (5) of that section shall apply to the Commission,
ANNEXTTRE
1 The taking out of the sum of Rs 60 lakhs from the State Bank of India, Parliament Street, New Delhi, on May 24, 1971, by Shn Ved Prakash Malhotra, the then Chief Cashier of the said Branch of the. State Bank of India, the manner and the circumstances of taking out of the said sum, the source and ownership of the said sum, the accounts, if any, from which the said sum was taken out, the manner in which the said sum was accounted for in the books of the said Branch of the State Bank of India prior to its taking out and also subsequent to its return to the said Branch of the State Bank of India
2t The transfer of the aforesaid sum by the said Shri Ved Prakash Malhotra to another person alleged to be one Shri R S Naearwala son of late Shri S. Najjarwala
3. The fltfng of a complaint with the Parliament Street Police Station, New Delhi, by the Officers of the said Branch of the State Bank of India relating to the taking out of the said sum and the investigation of the case by the Police autho- rities
4 The arrest of the said Shri Nagarwala, the recovery of the whole or part of the said sum from him and the subsequent criminal proceedings against him
5 The Involvement, if any, of other persons with the said Shri Malhotra or Shn Nasarwala in any of the aforesaid transactions
G Th" death of Shri Nagarwala during the pendency of the criminal proceed- ings against him
7 The death of the investigating officer, Shn D K Kashyap
fNo VI/11034/8/77-S&P(DI)l
MAHESHWAR PRASAD, Addl. Secy
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2056 T HE GAZETTE OF INDIA EXTBAORDINAHY PART II—SEC. 3(ii) *