LAWS(SC)-2010-10-47

ALL SIKKIM YOUTH ASSOCIATION Vs. H R SUBBA

Decided On October 08, 2010
ALL SIKKIM YOUTH ASSOCIATION Appellant
V/S
H.R.SUBBA Respondents

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 19.10.2001 passed in Civil Writ Petition No. 17 of 2001 by the High Court of Sikkim at Gangtok.

(2.) THE All Sikkim Youth Forum, a registered body, filed a writ petition in public interest in the High Court. This appeal was based on a news item which was published in the 'Sikkim Observer', a National Hill Weekly, from 13th to 17th November, 2000 under the title 'Transparency and Accountability -I'. In the news item it was published that according to well placed sources the Public Works Department (Roads and Bridges), Sikkim had submitted a report to the Finance Commission showing a financial liability of more than Rs.60 crores. Sensing some foul play in the matter, the then Chief Minister of Sikkim had ordered for a thorough probe into the matter. A Committee was formed for this purpose. THE Committee completed its investigation into the matter and submitted a report to the State Government. Surprisingly, the liabilities came down to Rs.40 crores from Rs.60 crores, showing a difference of Rs. 20 crores.

(3.) THE press reports, in general, had indicated and suggested departure from the established norms and deviations in procedure had occurred on account of corruption.