Kaleshwaram probe: HC upholds panel, nullifies adverse findings against KCR, others
HYDERABAD: The Telangana High Court on Wednesday upheld the constitution of the P.C. Ghose Commission probing the Kaleshwaram project, but set aside its adverse findings against former chief minister K. Chandrasekhar Rao and three others.
A division bench comprising Chief Justice Aparesh Kumar Singh and Justice G.M. Mohiuddin partly allowed a batch of writ petitions filed by K. Chandrasekhar Rao (KCR), T. Harish Rao, Smita Sabharwal and S.K. Joshi.
Commission valid, but findings declared inoperative
The court held that the constitution of the inquiry commission was “neither arbitrary, illegal, nor unconstitutional”. However, it ruled that findings in the commission’s report that were prejudicial to the petitioners would be treated as inoperative.
These findings included observations that allegedly held the petitioners responsible for wrongdoing or cast serious aspersions on their conduct.
Violation of Section 8B and principles of fairness
The bench found that the commission violated Section 8B of the Commissions of Inquiry Act, 1952, which mandates that any person whose conduct is under scrutiny or whose reputation may be affected must be given a reasonable opportunity to be heard and to present evidence.
The court observed that such an opportunity was not adequately provided before recording adverse findings against the petitioners, thereby breaching principles of natural justice.
As a result, the court directed that no coercive or further action be taken against the petitioners based on the commission’s report.
Relief for petitioners, inquiry continues
The ruling provides significant relief to the petitioners, as any findings that could harm their reputation or be used for legal or administrative action have been nullified.
However, the commission itself remains valid, and its broader inquiry into the Kaleshwaram project is unaffected by the judgment.
