TaxTMI 
TaxTMI 
2020 (1) TMI 1460
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....urt, has been preferred seeking an appropriate writ/order/direction to the Central Bureau of Investigation (CBI) to register an FIR (First Information Report) and investigate the matter; as also for a direction to the respondent No.2-Department of Personnel and Training (DoPT), Government of India, for initiating departmental proceedings against the respondents No.15 to 26 namely; • Shri Vivek Dhand • Shri M.K. Raut • Shri Alok Shukla • Shri Sunil Kujur • Shri B.L. Agrawal • Shri Satish Pandey • Shri P.P. Soti • Shri Rajesh Tiwari • Shri Ashok Tiwari • Shri Herman Khalkho • Shri M.L. Pandey • Shri Pankaj Verma 2. Albeit the then Hon'ble Minister of the concerned Department Smt. Renuka Singh has been arrayed as respondent No.14, but no relief has been prayed against her in the writ petition. 3. The petitioner has also prayed for a direction to conduct audit of the accounts maintained by the State Resource Center (for brevity 'the SRC') (jkT; Jksr fu%'kDr tu laLFkku), Samaj Kalyan Parisar, Mana, District Raipur; as also ....
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....t whom the relief has been prayed in the writ petition are the office bearers of the society. 6. According to the petitioner, PRRC was set up for working for the welfare of the disabled and handicapped persons and was supposed to make artificial limbs for them. In such PRRC employees were shown to be working and paid through the withdrawal authority namely; Shri Rajesh Tiwari (Respondent No.22). The SRC provided lacs of rupees to the PRRC for payment to fake employees as also for running the establishment, its functioning and purchase of equipments. One example of such fake payment for payment to the fake employees shown to be working at PRRC, Mana, District Raipur is document Annexure - P/7 showing sanction of amount as per the details given below : Financial Year Amount (in lacs) 2013-14 Rs. 34.00 2014-15 Rs. 34.00 2015-16 Rs. 84.35 2016-17 Rs. 89.30 2017-18 Rs. 92.60 7. The amount towards Travelling Allowance and Dearness Allowance (TA & DA) for the year 2014-15 was sanctioned for Rs. 11.00 lacs and similarly other amount on this head were sanctioned and shown to be released for different years. There being no direct payment to the emplo....
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.... towards the vehicle hired for Hon'ble Shri Justice Altamas Kabir, Judge, Supreme Court of India, on 9-9-2011. 12. In the memo of submission filed by the State on 1-10-2018 it has been admitted that there is no precise information available at the PRRC regarding drawl of salary for payment to the employees. It is also admitted that the SRC has never made any payment for its own offices or for PRRC and that employees were appointed through outsourcing. It is further admitted that the petitioner is working at Swawelamban Center, Mathpurena and was doing the additional duty at the PRRC. In respect of payment made to the petitioner for working in the PRRC neither any enquiry was made by the respondent, though directed by the Court, nor any statement in this regard has been made in the memo of submission. The Finance Department was requested for conducting audit only after filing of the present writ petition. In the said audit irregular and illegal withdrawal of cash has been found, prima facie, proved. Thus, the allegation of the petitioner about the financial irregularity has been, prima facie, admitted in the State's memo of submission. State has issued show cause notices to some ....
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....site steps being taken to eradicate corruption, which prevents international aid from reaching those for whom it is meant. Increasing corruption has led to investigative journalism which is of value to a free society. The need to highlight corruption in public life through the medium of public interest litigation invoking judicial review may be frequent in India but is not unknown in other countries: R v Secy. of State for Foreign and Commonwealth Affairs. 17. On the issue as to whether sanction or approval under Section 6 & 6-A of the Delhi Special Police Establishment Act, 1946 is required even for Court directed/monitored investigation was dealt with by the Supreme Court in Manohar Lal Sharma v Principal Secretary and Others (2014) 2 SCC 532 held thus in para 98 : 98. The law laid down by the Constitution Bench vis-à-vis a High Court exercising judicial review under Article 226 of the Constitution and a statutory restriction under Section 6 of the Act, would apply (perhaps with greater vigour) mutatis mutandis to the exercise of judicial review by this Court under Article 32 of the Constitution with reference to a statutory restriction imposed by Section 6A of....
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....w is not above law and cannot be a ground for invalidating legislations overlooks the well settled position that rule of law is a facet of equality under Article 14 and breach of rule of law amounts to breach of equality under Article 14 and, therefore, breach of rule of law may be a ground for invalidating the legislation being in negation of Article 14. 20. The Supreme Court in E. Sivakumar v Union of India and Others (2018) 7 SCC 365 observed thus in paras 13 & 14 : 13. In Dharam Pal v. State of Haryana, this Court has underscored the imperativeness of ensuring a fair and impartial investigation against any person accused of commission of cognizable offence as the primary emphasis is on instilling faith in the public at large and the investigating agency. The dictum in paras 24 and 25 of this reported decision is quite instructive which read thus (SCC pp.70-71) : "24. Be it noted here that the constitutional courts can direct for further investigation or investigation by some other investigating agency. The purpose is, there has to be a fair investigation and a fair trial. The fair trial may be quite difficult unless there is a fair investigation. We are abs....
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....imagination. One may think an impartial investigation would be a nostrum but not doing so would be like playing possum. As has been stated earlier, facts are self-evident and the grieved protagonist, a person belonging to the lower strata. He should not harbour the feeling that he is an "orphan under law". 14. Suffice it to observe that we do not intend to deviate from the conclusion reached by the High Court that in the peculiar facts and circumstances of the case, it is but appropriate that investigation of the crime in question must be entrusted to CBI. 21. Having noted the law declared and observations made by the Supreme Court in the above referred judgments and considering the same in the facts and circumstances of the case it requires serious notice that the petitioner alleges large scale bungling and siphoning of public funds which may run into hundreds of crores or even more than thousand crores. The report along with submission memo of the respondent/State partially admits of certain financial irregularities, however, no serious attempt has been made to unearth and find out as to who has siphoned the amount. Only some notices for departmental action have been ....