- (1.) Heard Mr. A.K. Sahani, learned Counsel for the petitioner and Mr. S.K. Verma. learned S.C. (Mines).
(2.) Reference may be made to the order dated 24.6.2008, which reads as under: By this Public Interest Litigation, the misappropriation of Government fund, by committing illegalities and irregularities, in the distribution of foodgrains under the Annapurna Schemes and Aantpdaya Schemes, have been brought to the notice of this Court and mandamus has been sought for directing the Secretary, Food and Supply Department, Government of Jharkhand, Ranchi to arrange enquiry against tile persons, who are involved in the said scam. It is stated by the petitioner, that in the month of February, and March, 2006, the respondent Nos. 3 and 6 Deputy Commissioner, Palamau at Medninagar and Circle Inspector, Hussainabad Anchal in collusion with concerned Halka Karamcharis misappropriated the Government fund by committing illegalities and irregularities in distribution of 383.60 quintals of rice in the garb of implementation of Annapurna Scheme in Hussainabad Block. The respondent No. 4 Sub-Divisional Officer, Hussainabad held enquiry and reported that the illegalities and irregularities, have been committed. It further reveals from the report that though the requisition for 383.60 quintals of rice was submitted by the Anchalad-hikari but in collusion with respondent No. 6 (Circle Inspector, Hussainabad) they have misappropriated the Government fund. The District Supply Officer also submitted a report on 3.12.2007 to the Deputy Commissioner, Palamau for taking action against the erring officials. It is alleged in the petition that a newspaper item was published with regard to the misappropriation of 383.7 quintals of rice by the respondent No. 6 but no action was taken. This Court by order dated 9.6.2008 directed the State Counsel to seek instructions and file counter-affidavit. In response to that a counter-affidavit has been filed on behalf of respondent No. 3 (Deputy Commissioner, Palamau at Medninagar). In the counter-affidavit it has been admitted that a report was submitted by the District Supply Officer stating about the irregularities committed by the Halka Karamcharis, Circle Inspector, Circle Officer and number of other officers including Sub-Divisional Officer, who were involved in the distribution of rice under Annapurna Scheme. It is stated that a committee of A.D.M. rank was constituted for holding enquiry and for submission of report. In the meantime, the District Development Commissioner, Palamau was put under suspension by the Government. The respondent further stated in the counter-affidavit that on the basis of enquiry report criminal cases against Circle Inspector and other persons have been instituted and the departmental proceedings are said to have been initiated against the accused persons. In the counter-affidavit, the respondents clearly accepted and admitted about the misappropriation of fund by committing illegalities and irregularities in the distribution of food-grains for the month of February and March. 2006. In course of argument, learned Counsel for the petitioner submitted that under the two aforementioned schemes, serious irregularities have been committed not only in the distribution of food-grains for time in the month of February and March, 2006 but also such scam is going on in the entire State of Jharkhand. From perusal of the affidavit, we are of the view that the illegalities and irregularities, going on in the distribution of food-grains under the Annapurna Schemes and Aantodaya Schemes needs full-fledged thorough enquiry at the first instance in time district of Palamau at Medninagar. We, therefore, direct the Divisional Commissioner, Palamau Division to hold an enquiry with regard to the illegalities and irregularities committed in the distribution of food-grains under the said schemes in the year 2006 and submit a detailed report. The Additional Collector, Palamau shall file supplementary affidavit informing this Court as to the further steps have been taken against other officers, who were involved in the misappropriation of Government fund by committing illegalities and irregularities in the distribution of food-grains. The Additional Collector shall also inform this Court as to what steps are to be taken against the irregularities alleged to have been committed by the officers concerned in different Blocks within the State of Jharkhand. Let this matter be listed on 29th July. 2008. Let a copy of this order be handed over to the learned Counsel for the respondents.
(3.) When the matter was again placed on 26.8.2008, this Court passed the following order: Counsel for the respondent-State has sought time to inform this Court as to what is time, result of the enquiry against whom proceeding has been initiated, in order to infer whether they were (responsible in misappropriation of the food-grains under time Annapurna and Antodaya Schemes, and what are the action proposed to be taken against them. Let the writ petition be listed again on 9th September, 2008. on which date Mr. S.K. Verma, counsel for the State shall furnish the relevant information. In addition, counsel for the petitioner is also directed to examine the preliminary report furnished by the respondents and apprise this Court as to who are the officers, who have been left out, and should be prosecuted in regard to the misappropriation of food grains.;