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Jharkhand High Court · body

2014 DIGILAW 543 (JHR)

Ashok Kumar Singh v. State of Jharkhand

2014-04-24

R.BANUMATHI, SHREE CHANDRASHEKHAR

body2014
Order The present Public Interest Litigation has been filed seeking a direction upon the respondent to investigate the alleged embezzlement of the public amount in purchasing the Medical Instruments in the district Chatra during the financial year, 2011-12 by the 6th respondent either by the C.B.I. or by the Department of Vigilance. 2. It is the case of the petitioner that the 6th respondent who was the incharge of purchase of the medical instruments in the district of Chatra, has committed irregularities/misappropriation of Rs. 2 crores during the financial year 2011-12. It is further case of the petitioner that 6th respondent had purchased articles which are of inferior quality and regarding the alleged impropriety committed by the 6th respondent, it was widely reported in the newspaper on 10.09.2012. According to the petitioner, he has made representation to the Deputy Commissioner, Chatra and inspite of his representation, no action has been taken and therefore, the petitioner has come forward with this present Public Interest Litigation. 3. We have heard the learned counsel for the petitioner, for the respondent-State and for the 6th respondent. 4. In the counter affidavit filed by the respondent on 06.08.2013 and also the counter affidavit filed by the 6th respondent himself, it is stated that the First Information Report has been lodged in Chatra P.S. Case No. 143 of 2013 for the offences committed under Sections 409, 417, 420 and 120 B of the I.P.C. and the investigation is under progress. It is further stated that the 6th respondent who was the Chairman of the purchase committee has been suspended. 5. In the counter affidavit filed by the respondent on 06.01.2014, it is stated in paragraph 8 that the other doctors who were members of the purchase committee have also been suspended vide Notification Nos. 686(18) dated 16.11.2013 and 685(18) dated 07.11.2013. It is further stated that vide letter dated 11.11.2013, a recommendation has been sent to the Mission Direction, NRHM for taking necessary action against two other officers who were appointed on contract basis. It is further stated in paragraph 12 of the counter affidavit that the defective Blood Pressure instruments of PHC, Itkhori have been replaced by the concerned company with the new instruments and the concerned company has been directed to replace the defective Stethoscope and Blood Pressure instruments of PHC, Simaria. 6. It is further stated in paragraph 12 of the counter affidavit that the defective Blood Pressure instruments of PHC, Itkhori have been replaced by the concerned company with the new instruments and the concerned company has been directed to replace the defective Stethoscope and Blood Pressure instruments of PHC, Simaria. 6. Respondent No. 6 has filed a counter affidavit taking stand that he is not the only person responsible for purchase of instruments rather, the equipments were purchased pursuant to a decision taken in the meeting of District Purchase Committee. It is further stated that advertisements were issued and tenders were invited in the local newspapers and on the basis of the bids, the equipments were purchased from reputed firms. 7. Since, F.I.R. has been lodged against the 6th respondent and also departmental action has been initiated against him and other members of the purchase committee, no further direction need be issued in this Public Interest Litigation. 8. Without expressing any opinion on the merits of the case, we direct the respondent to expedite the investigation in Chatra P.S. Case No. 143 of 2013 in accordance with law and complete the investigation preferably within a period of eight months and in any event not later than one year. 9. With this observations and directions, this Public Interest Litigation is disposed of. PIL disposed of.