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2016 DIGILAW 183 (HP)

Court on its own motion v. State of Himachal Pradesh

2016-03-03

MANSOOR AHMAD MIR, TARLOK SINGH CHAUHAN

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JUDGMENT : Mansoor Ahmad Mir, Chief Justice Ms. Anuradha Thakur, present Secretary (I&PH) to the Government of Himachal Pradesh has filed affidavit, which finds place at pages No. 269 to 394 of the paper book, in compliance to the directions passed by this Court vide order, dated 25th February, 2016. 2. In para 4 of the said affidavit, it is stated that vide Annexure-9, the respondent-State has constituted a Committee headed by Additional Chief Secretary (Health) to the Government of Himachal Pradesh in relation to the statutory body to be created in terms of the directions contained in para 24 of the order (supra), is suggestive of the fact that the State-respondents are taking steps to comply with the directions contained in para 24 of the order (supra) and till it is established, the State-respondents have to file status report in terms of the directions contained in para 27 of the order (supra). 3. The Secretary (I&PH) has given the details as to what steps have been taken in compliance to the directions contained in para 27 of the order (supra). 4. It has also been averred in the status report that the Ministry of Urban Development, Government of India, is the nodal Ministry coordinating the sewerage system and video conference of the sub-committee is to be held with the said Ministry on 4th March, 2016, in order to seek technical assistance and knowledge regarding governance structure on water supply and sewage treatment. 5. The Committee, constituted by the Engineer-in-Chief (I&PH) to examine the operation and maintenance of Sewage Treatment Plants (for short ?STP?), has submitted the preliminary report (Annexure-10), which is at pages 358 to 384 of the paper book. The said preliminary report is only viz-a-viz the STPs in Shimla. Nothing has been said by the said Committee about other STPs in the entire State of Himachal Pradesh. 6. Secretary (I&PH) is directed to file a fresh report about the steps taken for creation of the statutory body, the time to be taken to establish the said statutory body, steps taken in terms of the preliminary report submitted by the Committee (Annexure-10) regarding the STPs in Shimla and also viz-a-viz the STPs in the entire State of Himachal Pradesh. 7. The Special Investigating Team (for short ?SIT?) has filed the report, which finds place at pages No. 395 to 420 of the paper book. 8. 7. The Special Investigating Team (for short ?SIT?) has filed the report, which finds place at pages No. 395 to 420 of the paper book. 8. It is made loud and clear to SIT as to whosoever may be involved in the commission of the said offences, should not be given any liberty or shown any leniency. Why SIT has not made any arrests so far in terms of the status report submitted on 2nd March, 2016. In case, SIT feels any handicap or any officer (s) is/are not cooperating, it should disclose the same. 9. SIT is directed to try to conclude the investigation, in terms of the directions contained in the order (supra), as early as possible and bring all those persons to book, who are involved in the commission of offences. 10. In terms of para 38 of the order (supra), SIT was directed to pinpoint the officers responsible from the year 2007 till today, but, so far, names of the accused persons have not been disclosed in the status report. 11. In response to the directions contained in para 40 (i) of the order (supra), the names of the officers, who were manning the posts from the year 2007 have been furnished by the Secretary (I&PH) in the affidavit, figuring at pages No. 324 to 343 of the paper book (Annexure-6). Annexure-7 of the affidavit contains the details of the payment and the officers who have made the payments to the contractor. SIT to examine the role of all the said officers and if any officer (s)/official (s) is/are involved, draw action. 12. In sequel to the directions contained in para 40 (ii), (iii) & (iv) of the order (supra), the Secretary (I&PH) has given details of the amount released in favour of the contractor w.e.f. 1st January, 2007, in terms of Annexure-7 (pages 344 to 353 of the paper book). It does not disclose as to what was the procedure followed for releasing the amount in favour of the contractor and who had passed the bills. The compliance viz-a-viz para 40 (iii) stands discussed hereinabove and the details of the deaths caused due to the jaundice outbreak are given at pages 385 and 386 of the paper book (Annexure-11). 13. It does not disclose as to what was the procedure followed for releasing the amount in favour of the contractor and who had passed the bills. The compliance viz-a-viz para 40 (iii) stands discussed hereinabove and the details of the deaths caused due to the jaundice outbreak are given at pages 385 and 386 of the paper book (Annexure-11). 13. The affidavit filed by the Secretary (I&PH) contains the details of the action drawn against the concerned Superintending Engineer, who has been transferred and a show cause notice has been issued to him to explain his position and the other officers, i.e. the Executive Engineer, Assistant Engineers and Junior Engineers have been placed under suspension in terms of Annexures-12 and 13-A to 13-E (pages 387 to 393 of the paper book). 14. The Chief Secretary and the Secretary (I&PH) to the Government of Himachal Pradesh are directed to file fresh affidavits indicating therein as to whether only these officers were involved right from the year 2007 till today or whether these officers were presently manning the posts and that is why immediate action has been drawn against them and whether any action has been drawn against any other officer/official. They are further directed to file a detailed report relating to the directions contained in para 40 (ii), (iv) and (v). 15. Ms. Anuradha Thakur, present Secretary (I&PH) to the Government of Himachal Pradesh, in para 2 of the affidavit, has tendered her explanation. It is stated that she has taken over on 15th February, 2016 and just after one week, has held interdepartmental meetings. Further averred that she has made the statement in the earlier affidavit on the basis of record that the officers have complied with the directions made by this Court in CWPs No. 441 of 2007 and 4122 of 2014 and the same was not based on her personal knowledge. However, she has tendered unconditional and unqualified apology, is accepted. 16. It is apt to record herein that it appears that she has made the efforts and is making the efforts to control the jaundice outbreak and to prevent the same in future. 17. The question is – what action has been taken against the Additional Chief Secretary (I&PH), Secretary (ies), Secretary (I&PH) and the other officers, who were manning the posts right from 18th September, 2014? 18. 17. The question is – what action has been taken against the Additional Chief Secretary (I&PH), Secretary (ies), Secretary (I&PH) and the other officers, who were manning the posts right from 18th September, 2014? 18. The Additional Chief Secretary (I&PH), Secretary (ies), Secretary (I&PH), Engineer-in-Chief (s) and Superintending Engineer (s), who were manning the posts from 18th September, 2014, till the jaundice outbreak, are, prima facie, held to have violated the Court directions. Present Secretary (I&PH) is directed to furnish the details of the said officers. 19. Registry is directed to frame Rule against the said officers, are directed to show cause as to why they should not be dealt with in terms of the provisions contained in the Contempt of Courts Act. 20. The Chief Secretary to the Government of Himachal Pradesh has not filed any affidavit in terms of the directions contained in paras 40 and 44 of the order (supra). Learned Advocate General stated at the Bar that the affidavit filed by the Secretary (I&PH) is the affidavit on behalf of the Chief Secretary also, which is not factually and legally correct. Chief Secretary is directed to file affidavit in terms of the directions contained in paras 40 and 44 of the order (supra) and also to remain present before this Court on the next date. 21. The Additional Chief Secretary (Urban Development and Town Country Planning Department) to the Government of Himachal Pradesh has filed affidavit, which leads nowhere, is directed to remain present before this Court on the next date of hearing and explain her position. She is also directed to file fresh affidavit. 22. In compliance to directions contained at para 45, the Superintendents of Police, Kangra, Bilaspur, Sirmaur, Chamba & Solan and the Deputy Commissioners, Chamba & Sirmaur have filed the affidavits. The other Superintendents of Police and the Deputy Commissioners have not filed any affidavits, are directed to remain present before this Court on the next date of hearing and show cause as to why they have not filed the affidavits. They are also directed to file affidavits. 23. All the Deputy Commissioners are directed to file affidavits in compliance to the directions contained in paras 45 and 46 of the order (supra). They are also directed to file affidavits. 23. All the Deputy Commissioners are directed to file affidavits in compliance to the directions contained in paras 45 and 46 of the order (supra). In addition to the directions contained in paras 45 and 46, all the District Magistrates and the Superintendents of Police are directed to make the people in the remote areas aware about the jaundice outbreak by beat of drum also. 24. The Principal Secretary (Education) to the Government of Himachal Pradesh has not filed any affidavit in compliance to the directions contained in para 47 of the order (supra), is directed to appear in person before this court on the next date and explain his position. He is also directed to file affidavit/status report in terms of the directions contained in para 47. 25. It is made clear that the words 'pure mineral water' recorded in para 47 of the order (supra) be read as 'pure and safe drinking water'. 26. The Director, Public Relations, has not filed any affidavit. However, it is stated that the public was made aware about the jaundice outbreak in the publication of the Information and Public Relations Department, namely ?Giriraj weekly? on 17th February, 2016. 27. The Director, Public Relations is directed to appear in person before this Court on the next date of hearing and to explain as to why he has not taken any steps to comply with the directions contained in para 48 of the order (supra) and is directed to comply with the same and file the compliance/status report. 28. The Chief Medical Officers have not filed the reports, are directed to file the same in terms of para 49 of the order (supra). In default, they are directed to appear in person before this Court on the next date. 29. The officer concerned is directed to file compliance report by way of affidavit in terms of para 52 of the order (supra). 30. Er. Sunil Justa is present in the Court, but Er.Suman Vikrant is not present, are directed to remain present before the Court on the next date of hearing and file affidavits explaining their position. 31. Both these Engineers have, prima facie, violated the Court directions and are directed to show cause as to why proceedings be not initiated against them in terms of the Contempt of the Courts Act read with the order (supra). 31. Both these Engineers have, prima facie, violated the Court directions and are directed to show cause as to why proceedings be not initiated against them in terms of the Contempt of the Courts Act read with the order (supra). Registry to frame contempt petitions against both of them. 32. These Engineers have also not filed any affidavit as to why prosecution should not be launched against them for filing false affidavits in terms of para 55 of the order (supra). 33. Mr. Naresh K. Sood, learned Senior Counsel, assisted by Mr. T.S. Chauhan, Advocate, sought time to file affidavit on behalf of Mr. Vineet Kumar, Member Secretary, Pollution Control Board, in compliance to the directions contained in para 56 of the order (supra). Mr. Vineet Kumar is directed to remain present in the Court on the next date of hearing and to show cause, as directed in terms of para 56. 34. The respondents-State is directed to deposit the amount of compensation awarded in terms of order (supra) within the time frame. 35. Director, PGI, Chandigarh, is directed to furnish details as to whether any death has occurred of any person relating to the State of Himachal Pradesh due to jaundice outbreak after 23rd February, 2016. Registrar (Judicial) to convey the order by fax. 36. SIT is directed to investigate jaundice outbreak in District Solan also and submit the report. 37. The District Magistrate, Solan and the other authorities concerned are directed to report as to how many deaths have occurred so far in District Solan due to the said disease. 38. Learned Amicus Curiae stated at the Bar that Er. Suman Vikrant has filed the preliminary report on assessment of STPs in Shimla (Annexure-10) and he be excluded from associating the Committee. 39. Secretary (I&PH) is directed to examine this issue and in case she is of the view that the report prepared by Er. Suman Vikrant is helpful and his assistance is required, he be allowed to continue. But, it does not mean that he has been absolved or discharged from his omissions and commissions, as discussed hereinabove read with the order (supra). 40. The Secretariat of Chief Justice has received a complaint from Mr. Raujif, in black and white, rather suggestions, containing 12 pages, which is at page 256 of the paper book, relating to the subject matter of the lis. 40. The Secretariat of Chief Justice has received a complaint from Mr. Raujif, in black and white, rather suggestions, containing 12 pages, which is at page 256 of the paper book, relating to the subject matter of the lis. Learned Advocate General, the Committee headed by the Additional Chief Secretary (Health), Secretary (I&PH), Deputy Commissioner, Mandi and the Superintendent of Police, Mandi, are directed to file response to the same. 41. Mr. Ramakant Sharma, learned Amicus Curiae, Mr. Bipin C. Negi, learned Senior Counsel and Mr. Ajay Mohan Goel, Advocate, are also requested to submit the response to the said complaint as well as the status reports filed by the official respondents. 42. Registry is directed to furnish copy of the same to the learned counsel for the parties. 43. Registry to frame Rule against the officers in terms of order, dated 25th February, 2016, whose particulars and details have been given by the present Secretary (I&PH) by the medium of affidavit, which are at pages No. 324 to 343 (Annexure-6). 44. All the respondents and the other persons/ authorities, as mentioned in the order hereinabove, are directed to file affidavits/status reports with all details within three weeks. 45. List on 28th March, 2016. Copy dasti.