Unitech case: SC reverses suspension of Tihar jail official

The Supreme Court on January 23 reversed its earlier order suspending a Tihar Central Jail official accused of providing special facilities to former Unitech promoters Sanjay and Ajay Chandra, who were imprisoned for their involvement in a large-scale fraud.

The court’s decision came after reviewing the case, with a bench comprising Justices Surya Kant and N Kotiswar Singh recalling the suspension of Assistant Superintendent Chetram Meena, who had been suspended in October 2021. The suspension followed an inquiry led by former Delhi Police Commissioner Rakesh Asthana, which identified several Tihar Jail staff as complicit in the illegal activities.

In its ruling, the bench directed the competent authority to make a decision on Meena’s continued suspension within four weeks, citing that departmental proceedings had only just begun in October 2024.

Meena’s lawyer, senior advocate P. Chidambaram, argued that his suspension for over three years was unjustified given the delay in initiating departmental inquiries, while Additional Solicitor General Aishwarya Bhati clarified that the investigation into the 32 suspended officials was ongoing. Bhati also pointed out that the suspension of these officials had been extended as a result of the court’s directions.

The bench also expressed concerns about the financial implications of the prolonged suspension orders, noting that suspended officials were receiving 75% of their pay as subsistence allowance, even though they were not working. It emphasised that the continuation of such suspensions could become financially burdensome for the state, especially given the extended time needed for the resolution of both departmental and criminal proceedings.

The controversy began after reports emerged in 2021 that the Chandras had received VVIP treatment in Tihar Jail, including making phone calls, instructing company officials, and engaging in property transactions, all with the help of prison staff. This prompted the Supreme Court to intervene, ordering their transfer to prisons in Maharashtra. The inquiry revealed that several Tihar officials were involved in enabling these activities, leading to their suspension.