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2023 DIGILAW 341 (PAT)

Bihar Pradesh Vidhut Shramik Sangh v. Chief Secretary, through State of Bihar

2023-03-22

CHAKRADHARI SHARAN SINGH, MADHURESH PRASAD

body2023
JUDGMENT : Bihar Pradesh Vidhut Shramik Sangh through its General Secretary has filed the present writ application in the nature of Public Interest Litigation with the grievance that Respondent No. 7 has been engaged on contractual basis in Bihar State Power Transmission Company Limited after his superannuation despite the fact that a vigilance case was pending against him. The petitioner is seeking a direction, inter alia, to make recovery of the amount paid to Respondent No. 7 as his engagement subsequent to his superannuation itself was bad. 2. From the pleadings on record, it is evident that a Vigilance Case No. 15/2020 has been registered. Respondent No. 7 is no more an employee of the Power Transmission Company. 3. Learned counsel for the petitioner has argued that the criminal case against Respondent No. 7 is moving with slow pace, inasmuch as, even charge-sheet has not been filed by the Vigilance. 4. Investigation in a criminal case lies within the exclusive domain of the police/investigating agency. The relief which the petitioner is seeking in the nature of direction to the respondents to recover the amount from Respondent No. 7, in the facts and circumstances of the case, does not appear to be genuine. 5. In our considered view, this Public Interest Litigation lacks bona fide and deserves to be dismissed, which is dismissed accordingly.