Purshottam Kumar Singh v. State of Jharkhand through the Chief Secretary
2017-12-01
AMITAV K.GUPTA, D.N.PATEL
body2017
DigiLaw.ai
JUDGMENT : D.N. Patel, J. This so-called Public Interest Litigation has been preferred with following prayer : "1. That this is an application under public interest litigation praying for issuance of an appropriate writ commanding the respondent to get the matter related to large scale bungling and misappropriation of public money in the matter of construction work under Giridih Town Pipe Water Supply Project, investigated by an independent agency like CBI and bring it to its logical conclusion and submit a report before the Hon'ble Court as to whether the contractor in connivance with the Authorities of the State Government without completing the entire work as per the terms of connect has received almost the entire amount without preparation of final bill and retained the unused materials worth about 1 crore with him and thereby misappropriated crores of rupees and also whether Government officials have any role in facilitating the Contractor to cause huge loss to the State exchequer in the facts and circumstances of the case." 2. Having heard counsel appearing for the petitioner and counsel for the State, it appears this is not a public interest litigation at all. This is a publicity interest litigation. There are several allegations levelled against respondent No. 8, which is a limited company, with respect to its nature of the work relating to pipelines for supply of water. There are also allegations that excess amount has been received by Respondent No. 8 from the State Government in violation of the terms of contract entered into between the them. There are also allegations about the quality of work etc. 3. Thus, it appears that this is absolutely a blackmailing type of litigation. Respondent No. 8 has entered into a contract with the State Government for the work mentioned in the tender and this petitioner is finding out faults with the work executed by the respondent No. 8 company. There are also allegations that the Company has received some extra-money. Nothing has been pointed out as to how much money has been received by respondent No. 8 in excess, which was paid for over and above the payment towards the work done by respondent No. 8.
There are also allegations that the Company has received some extra-money. Nothing has been pointed out as to how much money has been received by respondent No. 8 in excess, which was paid for over and above the payment towards the work done by respondent No. 8. Further, nothing is mentioned in the petition as to how this petitioner has come to know about technical aspect of laying down of the pipeline, i.e. prices of the several items which have been taken into consideration while excess payment has been calculated by this petitioner etc. Likewise, there is a general allegation that the goods of inferior quality has been used by respondent No. 8, but, neither it has been mentioned in the petition as to what is the quality of the pipes which this petitioner considers, appropriate for the work in question nor the petitioner is an expert hydraulic engineer. It seems that except allegations, there is nothing in the whole petition. 4. Thus, there is no substance in this writ petition, because this is not a public interest litigation, but, a publicity interest litigation or a blackmailing type of litigation. 5. This writ petition is, hereby, dismissed with a cost of Rs. 50,000/- (Rupees Fifty Thousand only), which shall be deposited by this petitioner, within a period of twelve weeks from today, before the Secretary, Department of Women, Child Development and Social Security, Government of Jharkhand towards the Juvenile Justice Fund. This amount shall be deposited in Bank A/c No. 37344984625 Jharkhand Juvenile Justice Fund, State Bank of India, Project Bhawan, Hatia, either by cheque or bank draft. Aforesaid amount will be used for the welfare of the juveniles. 6. Copy of this order will be sent to the Secretary, Department of Women and Child Development and Social Security, Government of Jharkhand, and the Member Secretary, Jharkhand High Court Legal Service Authority, Ranchi. Petition dismissed.