MITHLESH KUMAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition, filed by way of a Public Interest Litigation (PIL) seeks (i) a direction to the Ministry of Railways, Railway Board, Prime Minister Office, Lok Sabha Secretariat, the Director, CBI and the Planning Commission of India to provide the details of documents relating to purchase of jacks, appointment of candidates in the Railway Recruitment Board, Patna, financial irregularities in extension of railway line and scam in procurement of concrete sleepers in Railways during the tenure of respondent no.7 Mr. Nitish Kumar as Union Minister for Railways; and, (ii) a direction to the respondent no.6 Director, CBI to register the case against the respondent no.7 and his other associates.

(2.) The petitioner, on the same facts had earlier also filed W.P.(C) No.8919/2011 and which was dismissed vide order dated 21st December, 2011, accepting the version of the respondents that the matter had been referred to CBI for investigation and the CBI had not found any substance in the matter and had submitted report that no action was warranted in the case and which report was ultimately accepted. The petitioner thereafter sought information under the Right to Information Act, 2005 (RTI Act) and then sought review of the order of dismissal of the earlier writ petition on the ground that it was misrepresented before this Court that the matter had been referred to the CBI or that the CBI had not found any substance therein and which report was accepted. The said review petition came up before this Court on 7th December, 2012 when the counsel for the respondent Railways showed in confidence the records brought to the Court to the Bench then hearing the matter and on perusal thereof this Court recorded that the same disclosed that a CBI inquiry was indeed conducted and the report of the CBI was placed before the Standing Committee of the Railways. In view thereof the said review petition was dismissed, as aforesaid on 7th December, 2012.

(3.) The petitioner again pursued his remedies under the RTI Act and on the basis thereof claims that there is no record of the matter having been placed before the Railway Board or having been enquired into / investigated by the CBI. Pleading so, this writ petition has been filed.