Order Heard the parties. 2. Pursuant to our order passed on 19.5.1999, all the officers have appeared. 3. Mr. Pratyush Sinha, Commissioner-cum-Secretary, Department of Finance, Government of Bihar who also appeared today, as stated above, made specific statement before the Court that as undertaken by him on behalf of the State Government on the last date, that is, 19.5.1999 for sanctioning further sum of Rs. 5.62 crores and placing the same at the disposal of Patna Municipal Corporation through the Secretary-cum-Commissioner, Department of Urban Development, Government of Bihar, the said funds have been already sanctioned by the State Government and placed at the disposal of the Administrator, Patna Municipal Corporation through the Urban Development Secretary-cum-Commissioner. As the aforesaid undertaking given on behalf of State Government has been fulfilled we do not propose to take any further action against the State Government and its officers for not making the aforesaid funds available to the Corporation earlier for purchasing equipments and machineries. 4. Mr. A.K. Shrivastava, Administrator, Patna Municipal Corporation, who is present in Court, has produced a list of machineries and equipments for purchases to the tune of Rs. 198.79 lacs. The list shows that orders have been placed to the manufacturers for purchasing the following machineries and equipments worth rupees two crores thirty six lacs and odd: 1. Tractor 20, 2. Trailor 20, 3. Tipper 9, 4. Excavator-cum-Pay Loader - 3, 5. Mini Fenuins Loader-cum-Mini Excavator-5, 6. Water Tanker-10, 7. Small Fogging Machine-10, 8. Poklain Machine X-200, Type 15- 1. 5. Out of the aforesaid machineries and equipments for which orders have been placed and full payments made, we are told that most of it have been already received by the Corporation and the remaining are expected to be received within this month. 6. It has been stated by the Administrator that apart from the above purchases tenders have been invited for purchasing the following machineries and equipments worth rupees two crores 8 lacs and odd: 1. Tippers 11, 2. Jetting-cum-Suckson Machine-6 3. Pay-Loader-cum-Excavator-3 It has been further stated that tenders have not been finalised as yet. 7. The Administrator also stated that the Corporation is required now to invite another tender for purchasing the following machineries worth rupees five crores 53 lacs and odd : 1. Poklain machine (Tata) 2, 2. Truck Mounted Articuleu Crane. 5, 3. Dumper Placer 10, 4. Dumper Placer Container 500 5. 7. The Administrator also stated that the Corporation is required now to invite another tender for purchasing the following machineries worth rupees five crores 53 lacs and odd : 1. Poklain machine (Tata) 2, 2. Truck Mounted Articuleu Crane. 5, 3. Dumper Placer 10, 4. Dumper Placer Container 500 5. Lico Foggin Machine 6 6. Tractor 28 7. Trailor 28 8. Water Tanker 10, 9. Man-hole carrier tempo 6 8. Administrator informed the Court that Corporation is having sum of rupees two crores eight lacs and odd with it for purchase of machineries and equipments, for which tenders have been invited, but the same have not yet been finalised. So far as the funds for purchasing machineries and equipments with regard to which further tenders have to be invited, are concerned, out of the funds to the fune of rupees five crores 62 lacs, rupees five crores 53 lacs and odd shall be spent by the Corporation for making the aforesaid purchases. The concerned Secretary as well as the Administrator are hereby commanded not to spend the aforesaid sum of rupees two crores eight lacs and odd and another sum of rupees five crores 53 lacs for any purpose other than making the said purchases. 9. When we put questions to the Administrator as to in what manner the aforesaid purchases of machineries and equipments have been made in the past and will be made in future, he stated that a Committee consisting of three persons, headed by him has been already constituted, but after deliberations in Court, the Urban Development Secretary as well as the Administrator agreed to reconstitute the Committee as follows : (i) Secretary-cum-Commissioner, Department of Urban Development, Government of Bihar…. Chairman (ii) Administrator, Patna Convenor, Municipal Corporation... (iii) Engineer-in-Chief, Cabinet Vigilance Technical Cell, Bihar ... Member (iv) Chief Engineer (Mechanical) Road Construction Department, Government of Bihar ... Member (v) Chief Engineer (Mechanical) Water Resources Department, Government of Bihar ... Member (vi) Chief Engineer (Mechanical) Public Health Engineering Department, Government of Bihar ... Chairman (ii) Administrator, Patna Convenor, Municipal Corporation... (iii) Engineer-in-Chief, Cabinet Vigilance Technical Cell, Bihar ... Member (iv) Chief Engineer (Mechanical) Road Construction Department, Government of Bihar ... Member (v) Chief Engineer (Mechanical) Water Resources Department, Government of Bihar ... Member (vi) Chief Engineer (Mechanical) Public Health Engineering Department, Government of Bihar ... Member All purchases shall be made under strict vigilance and supervision of the aforesaid Committee and steps shall be taken for making the machineries and equipments available to the Corporation at the earliest so that the same may be utilised to deal with the situation during the ensuing monsoon as well apart from regularly using the same throughout the year in order to undertake the cleaning work round the year whenever and wherever required. Needless to say that in case, after deliberations with the manufacturers, the Committee feels that some more appropriate or modern/model machineries are required and available, it would be open to the Committee to purchase the same in lieu of any of the machineries and equipments, referred to above. The Administrator stated that for regular maintenance of the aforesaid mchineries and equipments due arrangements shall be made with the manufacturers and the Corporation would also develop necessary infra-structure for its day-to-day maintenance. 10. Re: Delay in sanctioning funds for the Construction work of Yarpur Sump House to be undertaken in the second phase.-On the last date, we directed that the matter for delayed sanction of funds for undertaking the work of second phase of the said sump house shall be considered today. In order to appreciate this matter in correct perspective it would be useful to give the background in which this case originated. 11. On 15.7.1997, when there was huge water logging in the town of Patna, Shri Shyam Kishore Sharma, who is not only an enlightened citizen but being a practising Advocate of this Court, a member of the most noble profession, brought this fact to the notice of the Court upon which the Bench presided over by Hon'ble the then Chief Justice Shri B.M. Lal and one of us, B.N. Agrawal, J. summoned all top Government Officers including the Chief Secretary to appear in Court on the next day. Pursuant to the said direction, all concerned officers appeared in Court and time was granted for the next day to file an affidavit on the question as to what steps had been taken on behalf of State for draining out the rain water from the town of Patna. Pursuant to the said direction, affidavits were filed and at one stage the court felt and it was recorded in the order-sheet that it may be necessary to requisition services of army. Learned Additional Advocate General No.III, Mr. G.P. Roy, was directed to contact army authorities at Danapur to relieve the people from the miseries of water logging. Army officials of Lucknow were also contacted, but we were told that entrustment of the matter to the Army may not serve much useful purpose in the absence of adequate infrastructure with them to deal with the situation. Accordingly, we directed the State Government to requisition equipments and machineries from its instrumentality and instrumentality of the Central Government besides TISCO and other agencies. Under command of the High Court's order, the State Government had no option but to requisition equipments and machineries from the aforesaid agencies apart from hiring the same on rental basis from renowned contractors. 12. On 23.7.1997, the Court passed an order constituting a Committee headed by Shri Raj Kumar Singh, the then Divisional Commissioner, Patna, and Shri Ganga Prasad Roy, the learned Additional Advocate General No. III, and Shri I.K. Sharan, Senior Advocate, as members and various directions were given to relieve the people from the miseries of water logging. 13. Thereafter on 8.8.1997 when the said Bench was hearing the case, it was pointed out that M.J.C. No. 1993 of 1996 was also listed on that day, before a Bench presided over by one of us, B.P. Singh, J., sitting with Dharmpal Sinha, J. (as he then was). Representation was made before the Bench that the said matter is similar to the present one. Therefore, Hon'ble the Chief Justice decided to constitute another bench and it was directed that this case shall be heard along with the aforesaid case by a Bench consisting of us, as one of us was member of one of the Benches and by virtue of the said order passed on the judicial side, the case was placed before us. 14. 14. Ultimately, people could be relieved from the miseries of water logging and saved from the outbreak of epidemics, as the work was undertaken, of course, under the command of this Court but under the able guidance and supervision of Shri Raj Kumar Singh, the then Divisional Commissioner, Patna, who is considered to be one of the most upright officers of Civil Services with the help of other officers of the Corporation and the State Government. 15. Thereafter, as it was not possible for the then Divisional Commissioner aforesaid to devote full time for framing a scheme for future so that there may not be recurrences of water logging in the next rainy season, we allowed him to be relieved and directed Shri K.A. Subramaniam. the then Urban Development Commissioner, to head the Committee, already constituted by our earlier order dated 23.7.1997, which Committee was subsequently headed by Shri P.N. Narayanan who took over charge from him as Secretary Department of Urban Development, Government of Bihar. 16. Ultimately, the Court intended that some steps should be taken for permanent solution so that there may not be recurrences of water logging in the town of Patna and in that view of the matter. we recorded an order on 29.8.1997 giving various directions thereunder, but no scheme was placed by the State Government before the Court and only in the month of March when the case was listed before us, it transpired that no steps were at all taken for seven months either by way of permanent measure or temporarily for cleaning the drains and sewerage pipes and making the sump houses and pumping stations functional. As there was no infra-structure, under our directions the State Government requisitioned equipments and machineries from various agencies as was done in the year 1997. The services of technical experts and technical labourers of Calcutta Municipal Corporation were requisitioned for cleaning the sewerage pipes and drainages and making the sump houses and pumping sets functional. Ultimately under the able guidance and supervision of Shri Chaitanya Prasad, the then Administrator, Patna Municipal Corporation, who had worked to our full satisfaction, the choaked drains could be cleared to some extent and sump houses and pumping sets except Yarpur Sump House could be made functional to some extent. 17. Ultimately under the able guidance and supervision of Shri Chaitanya Prasad, the then Administrator, Patna Municipal Corporation, who had worked to our full satisfaction, the choaked drains could be cleared to some extent and sump houses and pumping sets except Yarpur Sump House could be made functional to some extent. 17. On 31st July, 1998, statement, was made before us that work of construction of Yarpur sump house was in progress since last two years, that is, 1996 and for completion of the work of first phase, a sum of rupees twenty six lacs was required, which had been sanctioned by the State Government and funds had been already made over to the Bihar Rajya Jal Pars had in 1996 but for one reason or the other, the work of first phase could not be completed. The then Secretary, Department of Urban Development, Government of Bihar stated that completion of work would take 4 to 5 months further time. So far the work of second phase is concerned, it was stated before us that estimated cost is rupees eighty lacs for which funds had not been sanctioned till then, but he stated that the State Government would sanction the same. As Mr. Narayanan was not a technical hand and it was not possible for him to know how much time will be taken in completion of works of the two phases on the basis of scientific datas. We, accordingly, directed to again requisition services of the two technical experts of Calcutta Municipal Corporation, whose services had already been requisitioned by this Court to help the Administration in dealing with water logging problem in the rainy season of 1998. 18. Thereafter, on 13.8.1998, Calcutta experts after making inspection of the Yarpur sump house submitted a report before this Court stating therein that the work of first phase will be completed by 15th January, 1999 and the second phase by 15.5.1999. Both the experts accepted the position that the work of both the phases could be undertaken simultaneously in case funds are made available. Upon this Mr. Narayanan stated that so far work of first phase is concerned, funds had been already sanctioned and made available to the Corporation but so far as funds for the work of second phase is concerned, administrative approval had been granted but formal order of sanction is likely to be accorded soon. Upon this Mr. Narayanan stated that so far work of first phase is concerned, funds had been already sanctioned and made available to the Corporation but so far as funds for the work of second phase is concerned, administrative approval had been granted but formal order of sanction is likely to be accorded soon. By the same very order, the Secretary-cum-Commissioner, Department of Urban Development was directed to monitor construction work of the first and second phases aforesaid and submit monthly report to this Court regarding progress of the work. 19. Thereafter, we do not know what happened. Neither any step was taken on behalf of the petitioner nor on behalf of Bihar Rajya Jal Parshad to move this Court for passing orders in relation to completion of construction work of the aforesaid sump house. This case was listed before us for the first time after about 9 months on 7.5.1999 when learned counsel appearing on behalf of the petitioner moved the Hon'ble Acting Chief Justice for listing the case. When the case was listed on that date, we asked the counsel for Bihar Rajya Jal Parshad as to what was the position in relation to construction work of the said sump house. He replied that the work of first phase had already been completed within the time schedule. But so far as the work of second phase is concerned, the same could not be undertaken as the State Government did not sanction and release the funds immediately as undertaken on 13.8.1998, which was, released only in the month of March, 1999. He further stated that in completion of work of second phase, it will take 7 months' time. When this statement was made, we directed the Managing Director and Chief Engineer, Bihar Rajya Jal Parshad to submit joint report to Court in this regard. 20. On the next date, that is, 17.5.1999 when the case was listed, at first the matter which was taken up was as to why entire funds for purchase of machineries and equipments were not sanctioned and made available to the Patna Municipal Corporation. Upon this, we verbally directed appearance of Finance Commissioner, Government of Bihar and pursuant to our order on 19.5.1999 the Finance Commissioner, Government of Bihar appeared in Court. Upon this, we verbally directed appearance of Finance Commissioner, Government of Bihar and pursuant to our order on 19.5.1999 the Finance Commissioner, Government of Bihar appeared in Court. On 19.5.1999, the Finance Commissioner after deliberations for about two hours, agreed that balance funds for purchase of machineries and equipments shall be sanctioned and made over to the Corporation before next date fixed in the case, which was 21st May, 1999 and today when the case was placed, statement was made by him that the said funds have been placed at the disposal of the Patna Municipal Corporation, as stated above. 21. So far as the matter in relation to delay in sanction and release of funds for starting and completion of work of second phase of Yarpur Sump House is concerned, Shri Sinha stated delay was caused on account of procedural wrangles in obtaining sanction of the Government as the file had to be routed through several Departments. Prima facie, we were not satisfied with the stand taken by Shri Sinha but on that date we directed that this matter shall be considered today and when the matter was placed today, we further heard the parties in this regard well. 22. In view of the foregoing discussions, we are prima facie of the view that the State Government had absolutely no justification in sanctioning the fund and placing the same at the disposal of Bihar Rajya Jal Parshad only after about 7 months from the date of passing of our order, as a result of which the work of construction of the Sump House, which started three years ago remained held up and residents of concerned locality who suffered in the past miseries not only during the various rainy seasons but otherwise also throughout the year, have to continue the same suffering further. It appears that because of such omissions and commissions on the part of the State Government, its instrumentalities and officers thereof, residents of the locality in question shall be put to greater sufferings during the ensuing monsoon again by water logging, which may result even in outbreak of epidemics. This being the position, we are prima facie of the opinion that a clear case is made out for issuing rule against the State Government and concerned officers to show cause as to why a proceeding for contempt be not started against them. 23. This being the position, we are prima facie of the opinion that a clear case is made out for issuing rule against the State Government and concerned officers to show cause as to why a proceeding for contempt be not started against them. 23. Let notices be issued to (i) the Government of Bihar through Shri S.N. Biswas, the Chief Secretary, Government of Bihar, Patna, (ii) Shri A.B. Prasad, Managing Director, Bihar Rajya Jal Parshad, Patna (iii) Shri S.K. Sharma, Secretary-cum-Commissioner, Department of Urban Development, Government of Bihar, Patna and (iv) Shri Pratyush Sinha, Commissioner-cum-Secretary, Department of Finance, Government of Bihar, Patna, to show cause as to why a contempt proceeding be not initiated against them for violation of the aforesaid orders and directions of this Court. Show-cause, if any, must be filed by 30th June, 1999 positively. Put up this matter again under the same heading on 2nd July, 1999 at 2.15 P.M. which being Friday is a day ear-marked for taking up tied up matters like the present one. 24. Today photo copies of the entire order-sheet beginning from 15th July, 1997 till 19.5.1999 have been made over in Court to each of the members of the Committee in question, learned counsel appearing on behalf of the petitioner, Bihar Rajya Jal Parshad, Patna Municipal Corporation and Bihar State Electricity Board. Let copies of the said orders be supplied to District Magistrate and Senior Superintendent of Police, Patna. All the aforesaid officers are directed to minutely go through all the aforesaid orders and carry out the directions incorporated therein in letter and spirit so that there may not be any breach thereof and this Court be not compelled to take any harsh action in the matter. Photostat copies of this order be also made over to the aforesaid persons. Copies of this order may be forwarded to Shri Raj Kumar Singh, who is Secretary-cum-Commissioner in one of the Departments of the State Government and Shri Chaitanya Prasad, the then Administrator, Patna Municipal Corporation who is at present District Magistrate Kaimur at Bhabhua. 25. The Committee will see that orders of this Court are implemented in right earnest. In case, the Committee feels any difficulty in implementation of the order, learned Additional Advocate General no. III may mention the matter for listing the case before us on any tied up day. 26. 25. The Committee will see that orders of this Court are implemented in right earnest. In case, the Committee feels any difficulty in implementation of the order, learned Additional Advocate General no. III may mention the matter for listing the case before us on any tied up day. 26. Pursuant to our direction in the last order, the General Manager-cum-Chief Engineer, Patna Electric Supply Undertaking has submitted a scheme and copy of the instructions issued by him under memo no. 17 P/A dated 21.05.1999 to all concerned persons to provide uninterrupted supply of electrical energy to the Pumping Stations and sump Houses. Let the same be kept on record.