- (1.) THE petitioner, Goverdhan Singh, an RTI activist at Bikaner, has approached this Court by way of present writ petition impleading the respondents No.6 to 9, the authorities of Commercial Taxes Department at Bikaner, with the case that the petitioner had filed complaints against these officials of the said department that working in the Anti -Evasion Team, they had used private vehicles while catching up with trucks, which carried out the goods in transit in violation of provisions of Rajasthan Sales Tax Act/Rajasthan VAT Act, 2003, and did not claim any reimbursement of fuel charges for such private vehicles, whereas they had available with them, the departmental vehicles as well; and they were misusing the private vehicles in the particular period.
(2.) THE investigating authorities of the Anti -Corruption Bureau, Bikaner, however, did not find any offence made out against them and gave negative final report vide Annex.4 dated 10.01.2011, which however, was set aside by the learned Sessions Judge (ACB), Bikaner vide order dated 16.08.2012 and the matter was again referred for re -investigation in the matter. 2. Mr. D.S. Gharsana, learned counsel for the petitioner has heavily relied upon the State Government Circular (Annex.6) dated 23.07.2003, which envisages removing such officials against whom, either disciplinary proceedings under Rule 16 of the CCA Rules are pending or who have been convicted by the competent courts for such offences, to be removed from the field postings in the State Government. Mr. D.S. Gharsana, learned counsel for the petitioner vehemently submitted that the investigating authorities have failed to take any action in the matter and deliberately not concluded the enquiry against these officials and even though the earlier negative final report given by them, was set aside by the competent court, they have not made any such re -investigation in the matter and such officials are continuing to hold field postings in violation of Circular of the State Government Annex.6 dated 23.03.2003, therefore, the extra ordinary jurisdiction of this Court deserves to be invoked for directing the respondents to hold re -investigation in accordance with letter and spirit of the court's order dated 16.08.2012 and the respondents No.6 and 9, officials working in the Commercial Taxes Department, deserves to be removed from the field posting. Having heard the learned counsel for the petitioner at length and upon perusal of the final report given by the Additional Superintendent of Police, Anti Corruption Bureau, Bikaner, (Annex.4) dated 11.01.2012, it appears that the petitioner, who is an RTI activist keeps on filing complaints against the Government officials and since no financial loss was caused to the State Exchequer, by alleged use of private vehicles during the course of discharge of their duties in the Anti Evasion Wing of the Commercial Taxes Department and for the period pointed out by the petitioner between 30.08.2008 to 05.10.2008, the said officials had collected Government revenue from trucks aforesaid to the extent of Rs.3,62,160/ -. The mere fact that they have not claimed reimbursement of fuel charges for using such private vehicles, does not make out any offence or misconduct on their part.
(3.) IT is also stated in the said final report in the previous FR given vide Annex.2 dated 16.07.2010 that the petitioner taking the support of RTI Act, not only files complaints against the Government officials but even threatens them with their transfer and blackmailing and statements of 3 -4 persons in this regard were recorded by the investigating officer on earlier occasion, namely, S/Sh. Subhash Swami, Shanti Prasad, Lachiram and Jainarayan Vyas.;