LAWS(JHAR)-2009-11-96

NRIPENDRA KUMAR PARIMAL Vs. STATE OF JHARKHAND

Decided On November 23, 2009
Nripendra Kumar Parimal Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) THE present writ petition has been preferred by the vigilant petitioner, who has aggrieved upon the subject matter and has rightly pointed out that there is a misuse of public fund to the tune approximately Rs. 2.5 crores for granting smart cards to the farmers. It has been stated by the Counsel for the petitioner about the gross illegalities and irregularities committed in granting contract to a person who is quoting four time higher price than the lowest price quoted by the offerer. It is also submitted by the Counsel for the petitioner that upon issuance of a notice by this Court, the State Government has reacted promptly and Enquiry Committee was constituted under the headship of Joint Commissioner, Sugarcane and a detailed report has been given by the said Committee dated 23rd July, 2009 which is also brought on record by the counter affidavit "filed by the Respondent -State. It is also submitted by the Counsel for the petitioner that His Excellency the Governor of State of Jharkhand is also keeping vigilance upon this subject matter and rightly therefore, His Excellency the Governor of State of Jharkhand has given the report of the Committee dated 23.7.2009, to the Director General of Police and asked for a report within six weeks so as to decide further actions to be taken by the Government, if required. It is also submitted the Counsel for the petitioner that job of the petitioner is over. The petitioner is not at all interested any further, once the whole Government machinery has started enquiring into the subject matter. The goal to be achieved by the petitioner is to awake the senses of the Government.

(2.) WE have heard the learned Counsel appearing for the State of Jharkhand who has submitted that now a report of the Committee has been received by the Government; the said report is dated 23rd July, 2009. His Excellency the Governor of the State is directly supervising the whole matter and Director General of Police (Vigilance) has been requested to give his report within six weeks. This report is still awaiting and Government shall react, the suggestions of Director (Vigilance). The said report is to be given by the Director General of Police (Vigilance) and it is also submitted by the Counsel for the State that if need arises, if it is so advised then all possible actions shall be initiated and the mistakes will be rectified by the Government.

(3.) IN view of this submission and looking to the actions initiated by the Respondent -State constituting a Committee headed by the Joint Commissioner, Sugarcane and also report has been given by the said Committee dated 23rd July, 2009 and also looking to the fact that His Excellency the Governor of the State has also taken cognizance of these facts and also looking to the fact that His Excellency the Governor of this State has referred the matter to the Director General of Police (Vigilance) for giving report within six weeks for further actions to be taken if need arises and if it is so advised. In view of these facts, it appears to us that Government has already awaken their senses about the facts stated in this writ petition. A Committee has been constituted and the report of the Committee has also been received and preliminary report has also been received by His Excellency the Governor of the State of Jharkhand is directly supervising this matter. Therefore, we are not inclined to issue any writ of mandamus for any further direction to the Government. We expect from the Government of Jharkhand that the report given by the Director General of Police (Vigilance) and the Enquiry report given by the Committee dated 23th July, 2009 will be properly acted upon, in accordance with law.