GYAN PRAKASH Vs. GENERAL MANAGER, VEHICLE FACTORY, JABALPUR AND OTHERS

JUDGEMENT

(1.) Invoking the extra-ordinary jurisdiction of this Court under Art. 226 of the Constitution of India, the petitioner has prayed for summoning of relevant records with regard to emission testing and registration of Motor Vehicles from the respondents, namely Director General, Ordinance Factories Board and others and to further issue a writ of mandamus commanding the respondents to take appropriate action against officers who are involved and responsible for registration of motor vehicles in violation of Motor Vehicles Act, manufacturing and plying polluting vehicles, and to pay fees, tax and penalty as per Motor Vehicles Act and Central Motor Vehicles Rules to the State Transport Department. In addition, there is a prayer for directing the police authorities, M. P. Pollution Control Board and the Transport Department to ensure compliance of the Motor Vehicles Act.

(2.) The facts, as discernible from the assertions made in the writ petition are that the Vehicle Factory, which is at Jabalpur, does not have technology for manufacturing of engines in the Vehicle Factory and the Vehicle Factory has purchased technology from the reputed firms and Companies and it has purchased 1000 sets each of semi knocked downs including engine for 2.5 ton LPTA and 5/7.5 ton Stallion Vehicles from the concerned at a cost of Rs. 140.31 crores. It is urged that by virtue of this purchase, extra money of the Army has been spent. It is also averred that the petitioner was In charge of Pollution Control and Safety in the Vehicle Factory, Jabalpur and is fully conversant with the working of the Ordinance Factories and the Vehicle Factory, Jabalpur and the working of the Department of Defence Production and Supplies. It is put forth that crimes are committed by manufacturing unsafe vehicles causing death and injury of Army personnel in accidents caused due to breakage of Axle Hubs of Shaktiman vehicles. Various allegations have been made in that regard. It is put forth that there are no exhaust fans and the pollution is caused in violation of the mandate of the Pollution Control Board and the rules and regulations are not being followed. It is also put forth that the vehicles produced are not registered by the Road Transport authority and they have Army registration numbers. It is relevant to state that the petitioner has put forth personal experience while he was working and what he has done. That apart, he has referred to various provisions of the Motor Vehicles Act, 1988 (for short the Act of 1988) to highlight what is required to be done under the law. It is urged that motor vehicles are exported without meeting the requirements of the Act of 1988. There is criticism with regard to non-registration of the vehicles, though they are sent to Army Units directly by road through contractors. Various criminal activities have been referred to and emphasis has been laid that on the garb of secrecy of defence, crime is committed. In this back-drop prayer has been made.

(3.) A reply has been filed by the respondents 1 to 4 contending inter alia that the petitioner was working with the respondents and he was compulsorily retired on 17-11-2001 because of gross indiscipline. It is urged that no crime is committed by the respondents as the Army has been devoting to the working of the defence of the nation. It is put forth that no offence has been committed under the Pollution Laws. Various assertions have been made controverting the stand put forth in the petition. It is put forth that there is no financial irregularity and everything is confirmed according to the book adjustment. It is also highlighted that the defence reports once received are thoroughly analysed and explained and corrective measures are taken. The engines of the vehicles produced at Vehicles Factory, Jabalpur are satisfying the pollution norms as applicable. It is contended that the vehicles which are produced are meeting the prescribed emission norms and as such, no offence is committed. Various reports have been brought on record to justify how the Army has conducted itself and not violated any norms. It is put forth that the engines meet India-2000 Emission Norms.