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Kaleshwaram case: Telangana High Court quashes PC Ghose Commission findings against KCR, others

The PC Ghose Commission had investigated alleged irregularities in the Kaleshwaram Lift Irrigation Project during the Bharat Rashtra Samithi government’s rule.

K Chandrashekar Rao Kaleshwaram caseFormer Telangana chief minister K Chandrashekar Rao had approached the high court on September 2 last year over the probe into the Kaleshwaram Lift Irrigation Project. (File photo)

In a major setback for the state government, the Telangana High Court on Wednesday quashed the PC Ghose Commission of Inquiry’s findings against former chief minister K Chandrashekar Rao (KCR), former minister T Harish Rao, retired chief secretary S K Joshi, and former CMO secretary Smita Sabharwal, saying they are “prejudicial to the conduct and reputation of the petitioners and have been rendered in violation of principles of natural justice”.

Partly allowing the batch of writ petitions filed by KCR and others, the court, however, found the constitution of the commission of inquiry into the alleged irregularities in the Kaleshwaram Lift Irrigation Project (KLIP) as not illegal or arbitrary.

A division bench of Chief Justice Aparesh Kumar Singh and Justice G M Mohiuddin on Wednesday said: “in view of the elaborate discussion made and the reasons recorded here in above, this court holds 1) the constitution of the Commission of Inquiry (COI) under section 3 of the COI Act of 1952 by GO Ms 6, dated 14 March 2024, is neither arbitrary, illegal, or ultra vires the constitution of India and the COI Act and 2) the findings rendered by the commission as are prejudicial to the conduct and reputation of the petitioners and have been rendered in violation of principles of natural justice and the statutory safeguard provided under section 8B of the COI Act 1952 shall be inoperative and no action can be taken on this basis.”

The petitioners had approached the court soon after the state government referred the commission report to the Central Bureau of Investigation (CBI) on September 1, following a marathon debate in the Assembly. The court had earlier granted interim protection to the petitioners against any adverse steps to be taken against them.

The Ghose Commission, constituted by the Congress government, had investigated alleged irregularities in the KLIP during the previous Bharat Rashtra Samithi (BRS) government’s rule and submitted its report to the government on July 31 last year.

The Commission had concluded “grave irregularities across conceptualisation, planning, design, construction, award of contract, execution, O&M, quality control, and financial mismanagement” in the construction of the Medigadda, Annaram, and Sundilla barrages of the Kaleshwaram Lift Irrigation Project. The inquiry was necessitated by the structural collapse of Medigadda pillars on October 21, 2023.

Expressing concern that the state would use the Commission’s adverse findings against them to form the basis of the CBI investigation, KCR and Harish Rao had approached the high court on September 2 last year. Retired bureaucrat Joshi and Sabharwal, who is presently posted as Member Secretary, Telangana Finance Commission, approached the court with similar pleas on September 3 and September 25, 2025, respectively.

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They alleged that the Commission did not issue them notices under sections 8-B and 8-C of the Commissions of Inquiry Act, 1952, and claimed it was against the law and principles of natural justice. They alleged that they were given no opportunity to respond to the allegations against them or to cross-examine the 190-odd witnesses who deposed before the Commission.

Rahul V Pisharody is Assistant Editor with the Indian Express Online and has been reporting for IE on various news developments from Telangana since 2019. He is currently reporting on legal matters from the Telangana High Court. Rahul started his career as a journalist in 2011 with The New Indian Express and worked in different roles at the Hyderabad bureau for over 8 years. As Deputy Metro Editor, he was in charge of the Hyderabad bureau of the newspaper and coordinated with the team of city reporters, district correspondents, other centres and internet desk for over three years. A native of Palakkad in Kerala, Rahul has a Master's degree in Communication (Print and New Media) from the University of Hyderabad and a Bachelor's degree in Business Management from PSG College of Arts and Science, Coimbatore. ... Read More

 

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