- (1.) THE petitioner Good Cause Association through its U. P. Execu tive Member Sri Dal Banadur Singh has come up with following prayers: (i) Issue a writ, order or direction in the nature of mandamus directing Respondent No. 3 Director General/vigilance Commis sioner, Bikaner House, New Delhi and respondent No. 4 C. B. I. New Delhi to in vestigate the allegations levelled in the writ petition against Km. Mayawati, the then Ex-Chief Minister of the Slate of U. P. (ii) issue a writ, order or direction in the nature of mandamus commanding the aforementioned respondents to come up before this Court and give undertaking for performing of their respective duties or investigation within time bound programme.
(2.) SRI Sita Ram Singh, learned Coun sel appearing in support of this petition, had earlier submitted inter alia that being Chief Minister of this Slate Km. Mayawati was trustee and is accountable for her ac tions and accordingly the desired relief be granted in view of the fact that even though the present Stale Government is contemplating an enquiry in that regard and entrusted the C. B. I, for that purpose, the latter (C. B. I.) may refuse to accede to the request of the State Government. Sri. P. P. Srivastava, learned Coun sel appearing on behalf of Km. Mayawati, had contended that the allegations made in this writ petition are based merely on newspaper reports and not supported by any documentary materials. On the earlier round of hearing of this writ petition on the question of its admission on 18-11-97 we had adjourned this case granting an opportunity to the Advocate General to ascertain facts from the Government as to whether any en quiry is pending against respondent No. 2 and if so, on met, to what extent it has proceeded. There after on 21-11-1997 we were given, certain informations on behalf of the State which we recorded in our order of that date. We had also noted a grievance made by Sri Girdhar Nath, learned Counsel for the C. B. I, that he has not been furnished a copy of the writ peti tion till that date. Directing the petitioner to serve a copy on him we had adjourned this case to yesterday. We also gave liberty to respondent No. "2 to file counter-af fidavit. Yesterday the Advocate General appeared and informed us that the allega tions made in this writ petition concerning Greater Noida have already been entrusted to the C. B. I. by the State by writing a letter dated Oct. 20, 1997 to its Director Sri R. C. Sharma. The Advocate General also informed us that in regard to the allegations concerning creation of Ambedkar Parks the State has already re quested the Comptroller and Auditor General of India to enquire. The Advocate General further informed us that in regard to other allegations necessary enquires are already on. We also had put on record the communication made by the Advocate General that the Government is com mitted to transparency in regard to the allegations of use and misuse of the public funds and does not intend to shield anyone. The case, however, was adjourned for today to know the stand of the C. B. I.
(3.) SRI Girdhar Nath, learned Counsel appearing on behalf of the C. B. I. , informs us that necessary notification accepting the case has already been made by the Central Government and there is no ques tion of now withdrawal of the, C. B. l. in regard to the enquiry etc. of the allega tions received by it. Accordingly, we over rule the apprehensions expressed by the petitioner in regard to the C. B. I. and hold that the writ petition in so far as the aforementioned allegations are con cerned, has now become infructuous. In regard to the remaining allega tions of the petitioner, which are equally serious in nature, like that of the earliest ones, in view of the fact that the State Government has already entrusted the necessary enquiry to the Comptroller and Auditor General of India we hope and trust that the Comptroller and Auditor General of India and officers associated with him will try their level bcsi to ex pedite the enquiry and conclude if preferably within four months from today.;