High Court Hands Punjab Transfer-Posting Case To Central Probe Agency

The Punjab and Haryana High Court has ordered a Central Bureau of Investigation probe into allegations of corruption, interference in transfers and postings, leakage of confidential government information and other irregularities involving state officials, observing that the material shared by the Enforcement Directorate required registration of a case and a fair investigation.

The court's order records that the ED had cited 21 instances allegedly involving interference in the transfers and postings of government officers across various departments. Besides these instances, the ED relied on 11 WhatsApp chats which, according to its communication, indicated the alleged involvement of a private individual Nitin Gohal in policy formulation, amendments to departmental rules, administrative approvals, tender conditions, licensing matters and other government decisions.

According to the material placed before the court, the chats allegedly showed that Gohal had access to confidential policy proposals, draft administrative decisions and departmental communications that would ordinarily not be available in the public domain.

The ED also highlighted seven chats concerning the alleged role of Gohal in procuring arms licences.

Six other chats were cited in relation to alleged discussions and coordination involving land transactions, Change of Land Use (CLU) matters, demarcation proceedings, property disputes, housing schemes and other land-related issues. The ED said these indicated access to sensitive information concerning land records, revenue matters and government approvals.

The communication further referred to four chats allegedly indicating unauthorised access to and leakage of confidential government information, along with 11 chats relating to alleged payments, kickbacks and other benefits received in exchange for official favours or work.

One of the chats, according to the ED, was from Director Horticulture Shailendra K, stating that "100 is paid and rest will be given". The ED also referred to alleged purchase of properties from funds collected through favours and corruption.

The ED communication further alleged that Nitin Gohal arranged air tickets and hotel stays for associates Bir Devinder and Rajbir Ghuman, with the expenses allegedly paid in cash by him. A ledger submitted by the travel agent was also annexed to the communication, according to the court record.

The allegations, the court noted, included possible violations of the Official Secrets Act and Prevention of Corruption Act.

ED letter to the Directorate General of Police allegedly went unanswered.

The court noted that the ED attempted to hand over its July 30, 2026, communication at the office of the Punjab DGP on July 31. Although the letter was received by an official, no receipt was issued to the ED despite its request.

The ED subsequently sent a reminder on August 7, 2026. The court recorded that receipt of both the original communication and the reminder by the Punjab Police was not disputed.

High Court Questions Punjab Police Response

The High Court was critical of the manner in which the Punjab Police handled the ED material.

It observed that the information prima facie indicated involvement of high public officials in acts of corruption and, at the very least, required registration of an FIR followed by a proper investigation.

The court also noted the petitioner's allegation that an attempt was being made to silence the whistleblower.

A demolition order issued against the petitioner soon after the filing of the PIL also came under scrutiny. The court noted that a demolition notice had originally been issued in November 2024, but no action followed for nearly 20 months before the demolition order was passed shortly after the PIL was filed.

The court said the timing of the action created doubt regarding the intent of senior state officials against whom the petitioner had levelled corruption allegations based on material shared by the ED.

CBI To Register Case

After considering the entire material, the High Court concluded that a fair and transparent investigation was required.

Expressing dissatisfaction with the manner in which Punjab Police had acted, the court ordered that the matter be entrusted to the CBI.

The CBI has been directed to register a case and proceed with the investigation forthwith. A report on the outcome of the investigation has to be submitted to the High Court within two months.

The matter has been listed for December 7, 2026, for submission of the status report.

Punjab Police Had Flagged Discrepancies

The record also contains the Punjab Police response to the ED material.

Punjab Police further stated that its preliminary analysis and evaluation of the documents and replies had revealed various discrepancies and anomalies in the information and material forwarded by the ED under Section 66(2) of the PMLA.

The police said these discrepancies had been flagged and complied with.

With the High Court now directing a CBI probe, the ED allegations, the Punjab Police's objections to the material and the alleged discrepancies will all come under the scanner of a central investigation agency.

Punjab Government To Challenge High Court Order

Punjab Finance Minister Harpal Singh Cheema said the state government will challenge the Punjab and Haryana High Court's decision to hand over the investigation into the ED's allegations to the CBI in the Supreme Court.

Reacting to the High Court order, Cheema said Punjab had withdrawn the CBI's general consent in November 2020 during the previous Congress government.

"Since the general consent for CBI investigations in Punjab was withdrawn in November 2020 during the Congress government, the Punjab government will challenge the High Court's decision in the Supreme Court," Cheema said.