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Himachal Pradesh High Court · body

2016 DIGILAW 221 (HP)

Roop Lal Gautam v. State of H. P.

2016-03-10

RAJIV SHARMA

body2016
JUDGMENT : Justice Rajiv Sharma, Judge (oral). Report produced and perused. 2. The petitioner is seeking bail in FIR No.3/2016 dated 6.1.2016 for offences punishable under sections 269, 270, 277, 336, 326, 420, 120-B of the Indian Penal Code read with sections 43 and 44 of Water (Prevention & Control of Pollution) Act registered at Police Station Dhalli. The petitioner was working as Junior Engineer in I&PH Department, Kasumpati. He was also assigned the duties of Ashwani Khad water lifting scheme. 3. On 5.1.2016, a complaint was filed by the Deputy Mayor Sh. Tikender Singh Panwar of Shimla for registration of FIR against the contractor of sewerage treatment plant, Dhalli and Malyana. 4. Mr. N.S. Chandel, learned counsel for the petitioner, has argued that one of the co-accused, namely, Hem Chand Chauhan, in the same FIR has been released by this Court. 5. Mr. Shrawan Dogra, learned Advocate General has vehemently argued that the petitioner alongwith other superior officers of I&PH Department was duty bound to check the treatment plant. However, they have neglected their duties. They have not taken any preventive/remedial measures. The superior officers should have taken stern action against the contractor for not running the treatment plants properly. Statements of workers were also recorded. The officers used to pressurize the workers to register false reports in the official registers. The directions issued by this Court from time to time have not been complied with by the petitioner. The petitioner had the knowledge that untreated sewage water was being mixed with the drinking water. They were also aware that due to failure of electricity untreated water was released in the supply of drinking water. Their negligence has led to breaking jaundice in various parts of Shimla town. The petitioner used to visit the sewerage treatment plant, but he has not performed his duties in accordance with law. He was supposed to check the laboratory tests, chemicals and machinery of the sewerage treatment plant. It is also contended that the petitioner is holding a good position in I&PH Department and in case he is released on bail, he would threaten the prosecution witnesses. 6. In the present case, investigation is complete. No recovery is to be effected from the petitioner. No useful purpose would be served by keeping the petitioner behind the bars. It is also contended that the petitioner is holding a good position in I&PH Department and in case he is released on bail, he would threaten the prosecution witnesses. 6. In the present case, investigation is complete. No recovery is to be effected from the petitioner. No useful purpose would be served by keeping the petitioner behind the bars. It was the collective responsibility of all the officers such as Additional Chief Secretary (I&PH), Engineer-in-Chief and Superintending Engineer of I&PH Department to maintain the treatment plants and to ensure potable water to the citizens. It is also intriguing to note that the police has only registered FIR against the officers/officials of I&PH Department. It is the constitutional/statutory duty of the Municipal Corporation, Shimla to provide potable water to the inhabitants of Shimla, but no arrest of its technical officers/officials has been made. It was expected from the State to take action against the technical senior most officers/officials of the Municipal Corporation, Shimla taking into consideration the epidemic situation prevailing in the town, which has led to loss of valuable human lives. It is expected from the State to apply the law uniformly. Thousands of persons have contacted jaundice due to sheer negligence act of the technical officer/officials, who were responsible to maintain water supply to the town. The officers/officials of the H.P. State Pollution Control Board are also remiss in the discharge of their duties. It is the prime responsibility of the officers/officials of the H.P. State Pollution Control Board to ensure strict compliance of the mandatory provisions of the Water (Prevention & Control of Pollution) Act, 1974 and Environment Protection Act, 1986. It was also expected from the State to take stern action against the officers/officials of the H.P. State Pollution Control Board. The Court has gathered impression that lower officials are being booked and made scapegoat under the various penal laws but the highest officers are dealt with leniently for the reasons best known to the functionaries of the State. 7. The petitioner is a permanent Government employee and resident of Gautam Niwas Dhalli, Tehsil and District Shimla and there are no chances of his jumping the bail. 8. 7. The petitioner is a permanent Government employee and resident of Gautam Niwas Dhalli, Tehsil and District Shimla and there are no chances of his jumping the bail. 8. Accordingly, the petition is allowed and the petitioner, who has been arrested in connection with case FIR No. 3/2016 dated 6.1.2016 registered at Police Station, Dhalli, Shimla under sections 269, 270, 277, 326, 336, 420, 120-B of the Indian Penal Code is ordered to be released on bail subject to his furnishing personal bond in the sum of Rs. 20,000/- with one surety in the like amount to the satisfaction of the learned Chief Judicial Magistrate, Shimla with the following conditions: a) He shall make himself available for the purpose of interrogation, if so required, and regularly attend the trial court on each and every date of hearing and if prevented by any reason to do so, seek exemption from appearance by filing appropriate application; b) He shall not make any inducement, threat or promises to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the court of the Police Officer; c) He shall not leave the territory of India without the prior permission of the court. 9. It is clarified that if the petitioner misuses his liberty or violates any of the conditions imposed upon him, the investigating agency shall be free to move this Court for cancellation of the bail. 10. Before parting with the order, the respondent- State is directed to ensure that the persons against whom FIR(s) has/have been registered in this case are not posted back in the same capacity taking into consideration the sensitivity of the matter. The State may also consider not to post them on supervisory posts till they are exonerated in the cases instituted against them. Henceforth the State Government is directed to ensure that all the treatment plants throughout the State of Himachal Pradesh are run by the officers/officials of the I&PH Department alone in order to ensure quality/safety of water. The samples of water supplied to all the towns throughout the State of Himachal Pradesh should be lifted every 48 hours to maintain its quality. In order to ensure that there is no recurrence of jaundice throughout the State of Himachal Pradesh, the Chief Secretary Government of Himachal Pradesh, Addl. The samples of water supplied to all the towns throughout the State of Himachal Pradesh should be lifted every 48 hours to maintain its quality. In order to ensure that there is no recurrence of jaundice throughout the State of Himachal Pradesh, the Chief Secretary Government of Himachal Pradesh, Addl. Chief Secretary (I&PH), Secretary (I&PH), Engineer-in-Chief (I&PH), all the Superintending Engineers (I&PH), Commissioners of Municipal Corporations, Executive Officers of Municipal Councils and Nagar Panchayats shall be personally responsible to ensure the potable water supply throughout the State of Himachal Pradesh. Every person has a right to potable water under Article 21 of the Constitution of India. It is expected from the State at least to provide potable water if not other basic amenities to say the least. Since every 3rd person in the family residing in Shimla town is seriously affected with jaundice, it is the prime duty of the State Government that the patients are treated free of cost in all the State run District level hospitals, Community Health Centres/Primary Health Centres and to maintain their record properly. The figures given by the State is on the lower side since most of the patients have got their blood samples analyzed from private laboratories. The Court can take judicial notice of the fact that the State Government is sending water samples to distant places like Pune and adjoining States. The State Government should ensure setting up of State of Art facilities to analyze water samples within 12 hours. Sending of sample to Pune is also time consuming which further delays preventive and remedial measures. Necessary steps for setting up the State of Art Laboratory be taken within a period of three months. These directions have been issued in larger public interest since it is a sensitive and delegate issue. 11. Any observation made hereinabove shall not be construed to be a reflection on the merits of the case and shall remain confined to the disposal of this application alone.