Court on its own motion v. State of Himachal Pradesh
2016-04-01
MANSOOR AHMAD MIR, TARLOK SINGH CHAUHAN
body2016
DigiLaw.ai
JUDGMENT : MANSOOR AHMAD MIR, J. The Chief Secretary to the Government of Himachal Pradesh has filed affidavit/status report in terms of the directions contained in order dated 25th February, 2016 and 3rd March, 2016, and has expressed profound and sincere apologies for not complying with/carrying out the directions contained in paras 40 and 44 of the order, dated 25th February, 2016, is accepted. 2. The said affidavit/status report does disclose that the Chief Secretary to the Government of Himachal Pradesh has taken steps to comply with the directions, is directed to file follow-up action/ fresh status report. 3. Ms. Anuradha Thakur, Secretary (I&PH) to the Government of Himachal Pradesh, has also filed affidavit in compliance to para 6 of the order, dated 3rd March, 2016, read with the orders passed from time to time, which finds place at pages No. 1425 to 1434 of the paper book. 4. It also contains the details relating to the action drawn by the Chief Secretary and the said Secretary to comply with the directions made by this Court and also to ensure smooth water supply of safe and clean drinking water to Shimla town and how to design the schemes. 5. In para 4 of the affidavit/status report, it has been reported that they have decided to allow Mr. Suman Vikrant to continue as the Chairman of the Committee, is permitted. 6. The said affidavit/status report also contains the details of the steps taken for creation of the statutory body. Video conference was held with the Ministry of Urban Development, Government of India, on 4th March, 2016 and deliberations were made. 7. In compliance to the directions contained in paras 17 and 18 of order, dated 3rd March, 2016, the particulars of the officers, who were manning the posts with effect from 18th September, 2014, till the jaundice outbreak, have been given at pages No. 1437 to 1440 of the paper book (Annexures R-II and R-III). 8. Prima facie, it appears that all the said officers have failed to comply with the directions made by this Court in CWPs No. 441 of 2007 and 4122 of 2014 and the orders passed from time to time, are directed to show cause as to why they should not be punished in terms of the mandate of the Contempt of the Courts Act. 9.
9. It is made clear that in case, contempt proceedings have already been initiated against any of the officers, whose names are figuring in Annexures R-II and R-III, no fresh rule is to be framed. 10. In terms of the directions contained in para 12 of the order, dated 3rd March, 2016, the Secretary (I&PH) was directed to indicate as to what procedure was followed by the officers/officials while releasing the amount in favour of the contractor and the officer (s)/official (s), who had passed the bills. 11. The status report is silent about the same, though, in para 5 of the same, it has been stated that the procedure contained in Annexure R-I was followed for releasing the amount. But, what procedure was followed, how much amount was released and whether the amount was released after following due procedure, i.e. after following codal formalities, is not forthcoming. 12. The Secretary (I&PH) is directed to furnish fresh status report indicating as to whether the procedure was rightly followed or a slip was given to the procedure in order to make the payments to the contractor and who were the officers/officials, who had processed the bills and made the orders for releasing the payment. 13. She is also directed to explain why departmental proceedings have not been initiated so far against the officer (s)/official (s) involved, which was the mandate of para 40 (v) of order, dated 25th February, 2016 read with para 14 of order, dated 3rd March, 2016. 14. Status reports are to be filed only in this Public Interest Litigation in terms of the directions passed by this Court from time to time read with this order and filing of status report/compliance report in CWP No. 4122 of 2014 is dispensed with for the time being. 15. All the Deputy Commissioners, Superintendents of Police except Superintendent of Police, Shimla, and Chief Medical Officers have filed status reports, which are on record, do disclose that they are taking steps to do the needful as required in terms of the orders passed from time to time. 16. The Superintendent of Police, In charge, SIT, has filed the status report, which is at pages 1871 to 1873 of the paper book.
16. The Superintendent of Police, In charge, SIT, has filed the status report, which is at pages 1871 to 1873 of the paper book. The perusal of the same does disclose that SIT is trying to conclude the investigation, but it is not known whether they have been able to find out, prima facie, who are the officers/persons involved in the commission of the offences right from the year 2007. 17. SIT is directed to do the needful and comply with the directions contained in orders, dated 25th February, 2016 and 3rd March, 2016, and submit status report by or before the next date of hearing. Any deviation shall be viewed seriously. 18. SIT has also reported that some more deaths have taken place in Shimla, but has not given the details. The report is silent viz-a-viz the investigation carried out by them relating to District Solan, is directed to file details of the deaths and the status of the investigation in respect of District Solan. 19. At this stage, it is stated at the Bar that the Chief Engineer, National Highways, US Club, Shimla, be arrayed as a party-respondent in the array of respondents, because some needful is to be done at National Highway near Tara Mata Temple at BCS, Shimla, to ensure smooth water supply of safe and clean drinking water to Shimla town and the State be directed to make the payments, which would be required for doing the needful and also to compensate the damages, if any, caused. 20. Accordingly, Chief Engineer, National Highways, US Club, Shimla, is arrayed as party-respondent, shall figure as respondent No. 46 in the array of respondents. Registry to carry out necessary entries in the cause title. 21. Issue notice to newly added respondent No. 46. Mr. J.K. Verma, learned Deputy Advocate General, waives notice on behalf of the said respondent. 22. Respondent No. 46/concerned authority is directed to remain present on spot and allow the concerned department to do the needful as per the rules occupying the field and in case, steps are required, which may cause damage, be done at the cost of said department and that department has to bear all the expenses in order to ensure smooth, safe and clean water supply to Shimla town. 23.
23. All the concerned authorities/officers/officials including the Deputy Commissioners, Superintendents of Police and Chief Medical Officers are directed to file fresh status reports in terms of the directions passed by this Court in terms of orders, dated 25th February, 2016, 3rd March, 2016 and the directions passed hereinabove by or before the next date of hearing. 24. Learned Advocate General stated at the Bar that some directions have been passed by the Hon'ble High Court while hearing the bail applications and it is very difficult for the officers to comply with the directions passed by this Court in this Public Interest Litigation. 25. It is apt to record herein that the Deputy Commissioner, Kangra at Dharamshala, has reported that there was on-going problem of water stagnation in the middle of the market near old Bus Stand, Kangra town, due to the blockage and while complying with the Court directions, the Sub Divisional Magistrate, Kangra, had drawn action under Section 133 and 144 of the Code of Criminal Procedure (for short ?CrPC?) in order to do the needful, but the concerned person filed an application before learned ACJM,Kangra, who directed to register a case against the SDM, Tehsildar and the other officers in Kangra under Section 156 (3) CrPC, which is coming in the way of passing the orders and virtually the SDM is caught by the said orders and it be made clear as to whose orders are to be complied with. It has further been reported that the said person had caused a blockage of ?Gair Mumkin Nalli? (drain) as recorded in the revenue record. 26. Learned Advocate General reported that perhaps learned ACJM, Kangra, was not aware about the orders passed by this Court and he has passed the orders in ex-parte. Had he issued the notice, the officers concerned also would have informed him about the orders passed by this Court. Further prayed that orders be passed so that the directions can be complied with without any hindrance. 27. This Court has issued directions contained in paras 50 and 51 of order, dated 25th February, 2016, which read as under: ?50. All the Courts in the State of Himachal Pradesh are directed not to take up any matter, which is directly or indirectly connected with CWPIL No. 10 of 2015, CWP No. 3511 of 2015 and CWPIL No. 1 of 2016.
All the Courts in the State of Himachal Pradesh are directed not to take up any matter, which is directly or indirectly connected with CWPIL No. 10 of 2015, CWP No. 3511 of 2015 and CWPIL No. 1 of 2016. Any person, who is aggrieved or wants clarification, is at liberty to approach this Court. 51. It is made clear that SIT, police agencies, accused persons and other affected persons are at liberty to approach the Court (s) of competent jurisdiction for redressal of their grievances in FIR No. 03/16, dated 6th January, 2016, registered at P.S. Dhalli, which is being investigated by SIT, as discussed hereinabove.? 28. In view of the above, the Courts of competent jurisdiction were given liberty only to hear the matters arising out of FIR No. 03/16 with clear cut direction to all the Courts in the State of Himachal Pradesh not to take up any matter which is directly or indirectly connected with CWPIL No. 10 of 2015, CWP No. 3511 of 2015 and CWPIL No. 1 of 2016. 29. We wonder, how ACJM Kangra has made the directions, as discussed hereinabove. He is directed to submit the report. 30. It is made clear that the orders passed by this Court relating to the subject matter shall occupy the field. Any order passed by any other Court, Civil or Criminal, shall not come in the way of the officers to do the needful as required under the law in order to comply with the directions passed by this Court. 31. The Commissioner, Municipal Corporation, Shimla, Member Secretary, Pollution Control Board and the Chief Engineer (I&PH) have also filed the status reports, the perusal of which does disclose that they have taken some steps to do the needful. 32. Additional Chief Secretary, i.e. the Principal Secretary (Education) to the Government of Himachal Pradesh has not filed affidavit in terms of the directions contained in para 24 of the order, dated 3rd March, 2016, is directed to show cause as to why he has failed to file the affidavit. He is also directed to file affidavit in terms of para 24 of order, dated 3rd March, 2016. 33. Additional Chief Secretary (Urban Development & TCP) has also not filed the affidavit in terms of para 21 of order, dated 3rd March, 2016. Mr.
He is also directed to file affidavit in terms of para 24 of order, dated 3rd March, 2016. 33. Additional Chief Secretary (Urban Development & TCP) has also not filed the affidavit in terms of para 21 of order, dated 3rd March, 2016. Mr. J.K. Verma, learned Deputy Advocate General, stated at the Bar that the affidavit will be filed during the course of the day. His statement is taken on record. Additional Chief Secretary (Urban Development & TCP) is also directed to file fresh status report by or before the next date of hearing. 34. At the request of the learned Advocate General, the personal appearance of the Superintendent of Police, Shimla, is dispensed with for today, is directed to file fresh affidavit in terms of the previous orders read with this order. 35. Mr. Tikender Singh Panwar, Deputy Mayor, Municipal Corporation, Shimla, has submitted a letter, dated 26th March, 2016, with respect to the outcome of the workshop held on 4th March, 2016, by the Municipal Corporation, Shimla, relating to the subject matter of this Public Interest Litigation, which finds place in the noting file of the case, is made part of the file. 36. In terms of the directions contained in para 35 of the order, dated 3rd March, 2016, the Senior Administrative Officer (H), PGI, Chandigarh, has informed, vide letter, dated 15th March, 2016, that no death of any resident of the State of Himachal Pradesh has taken place due to Hepatitis A/Hepatitis E (jaundice) with effect from 23rd February, 2016 to 10th March, 2016. 37. In compliance to order, dated 25th February, 2016, the State has deposited a sum of ? 20,00,000/- before the Registry. 38. It has been reported by the Registrar (Judicial) that the Secretary (I&PH) filed the details of 388 officers/officials, including the Law Officers, Draftsman, Drivers, PAs and Stenographers and that is why contempt proceedings have not been framed. 39. It is worthwhile to record herein that contempt proceedings are to be framed against those officers/officials, who were manning the Lift Water Supply Scheme, Ashwani Khad and were responsible to take all care and precaution, and not against the other officers/officials, i.e. Law Officers, Draftsman, Drivers, PAs, Stenographers and other ministerial staff. CMP No. 1864 of 2016 40. Granted. The application is disposed of. 41.
CMP No. 1864 of 2016 40. Granted. The application is disposed of. 41. The personal appearance of all the officers except those who are facing contempt proceedings and the Superintendent of Police, Shimla, is dispensed with for the time being. 42. All the respondents/officers are directed to file fresh status reports by or before the next date of hearing. List on 3rd May, 2016. Copy dasti.