ANINDYA SUNDAR DAS Vs. UNION OF INDIA
LAWS(CAL)-2019-6-142
HIGH COURT OF CALCUTTA
Decided on June 25,2019

Anindya Sundar Das Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

BISWANATH SOMADDER,J. - (1.) The instant writ petition is being moved as a Public Interest Litigation by one Anindya Sundar Das who claims to be, inter alia, a practising advocate of this Court championing various social issues over the years by filing numerous Public Interest Litigations, espousing the cause of various sufferers. The issues sought to be raised in the instant writ petition centres primarily around the activities of Indian Jute Industries' Research Association (hereinafter referred to as "IJIRA). According to the writ petitioner, an issue which concerns the general public at large is rampage misuse of powers by some of the officers and employees of IJIRA, being the respondent nos.7 to 13 herein. Allegations have been stated in details in the pleadings as contained in the writ petition and to avoid prolixity, we are not reproducing the same.
(2.) The prayers in the writ petition are set out hereinbelow:- "(a) Issue a Writ in the nature of Mandamus commanding the respondents, their men, agents and assigns:- (i) To act in accordance with law; (ii) To conduct an enquiry into the affairs of the management of IJIRA and the acts committed by its officials as complained of in the representations dated 22nd September, 2009, 9th June, 2017 and 14th June, 2017 as contained in Annexures "P-1" and "P-7" herein; (iii) Conduct a special audit into the funds of IJIRA for the present as well as past years and ascertain whether they have been utilized by the officials of IJIRA in the manner and for the purpose for which they have been granted by the Ministry of Textiles; (iv) Take proper and appropriate steps against the officials, present or retired if found guilty of committing the offences complained of in the representations dated 22nd September, 2009, 9th June, 2017 and 14th June, 2017 as contained in Annexures "P-1" and "P-7" herein; (b) Issue a writ in the nature of Mandamus commanding the respondents their men, agents and assigns to forthwith cancel, withdraw and forebear from giving any effect or further effect to any decision of the Ministry of Textiles not to conduct any enquiry into the affairs and management of IJIRA and against its officials; (c) Issue a writ in the nature of Mandamus commanding the respondents their men, agents and assigns to consider and take proper and necessary steps and/or initiate proceedings on the basis of the representations dated 22nd September, 2009, 9th June, 2017 and 14th June, 2017 as contained in Annexures "P-1" and "P-7" herein; (d) Issue a Writ in the nature of Certiorari directing the respondents their men, agents and assigns to forthwith and/or immediately certify and/or transmit before this Hon'ble Court all records and documents forming subject matter of the financial and administrative illegalities and irregularities and action taken on the basis of complaints and issues raised over the years so that conscionable justice may therein be administered; (e) Issue a Writ in the nature of Prohibition prohibiting the respondents from any impugned decision arrived at by them not to conduct any enquiry into the affairs and management of IJIRA and against its officials on the basis of the representations dated 22nd September, 2009, 9th June, 2017 and 14th June, 2017 as contained in Annexures "P-1" and "P-7" herein;"
(3.) When the matter was initially taken up for consideration, the following order was passed on 18th January, 2019:- "Let the affidavit of service filed in Court today be taken on record. Despite service of notice, Union of India remains unrepresented. However, the Indian Jute Industries' Association is represented through its counsel. Having heard the learned advocates for the parties and upon perusing the writ petition, this Court directs the Secretary, Ministry of Textile, Government of India, New Delhi, being the respondent no.2, to file a report in the form of an affidavit on or before the next date stating therein specifically as to whether the allegations made in the writ petition have any basis or not. List this matter a fortnight hence under the same heading for further consideration. The Indian Jute Industries' Research Association, being the respondent no.4, is at liberty to file its affidavit-in-opposition to the writ petition in the meanwhile." ;


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