RAVI KARAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Supplementary affidavit filed by the petitioner be kept with the record. This writ petition in the form of public interest litigation is placed before us on the basis of an order of Division Bench of this Court dated 25.3.2010, in which it has been held that in view of the nature of the relief and the complaint, this Court is of the view that matter is cognizable by the Bench hearing the public interest litigation matter. Accordingly, the office was directed to obtain fresh report and put up the matter as fresh, if possible, on 29.3.2010 before appropriate Bench. Accordingly, the matter has been placed before us.

(2.) The petitioner's contention is that power of the Chairman of the Zila Panchayat, Fatehpur has been ceased due to serious financial irregularities during the course of distribution of pumping sets to the weaker sections of the society. A Committee of three Members was formed by the State Government for distribution of pumping sets and the same were distributed to those persons, who are closely related with the Members of the Committee i.e., brother, father and uncle. In such circumstances, if the financial and administrative powers are given to the said Committee then again the same thing will happen, therefore, there is every possibility of similar irregularities. The matter has been strongly opposed by the learned Counsel appearing for the Committee and also by the State about the maintainability and merit of this writ petition. If we categorically record what are their conjoint submissions, the same are to the effect that paragraph Nos. 4 and 11 of the writ petition say that the petitioner is a Registered Contractor of the Zila Panchayat, Fatehpur, therefore, he cannot be a person regarded as non-interested person in this public interest litigation. It has been further contended that as because the tenders were not allotted to him, he has taken all such pleas. There is an interim order of the Division Bench of this Court in Civil Misc. Writ Petition No. 58326 of 2009, Ravi Karan Singh v. State of U.P. and others, which has been filed by the same writ petitioner as herein. He urged thereunder by saying that he has applied for renewal of the tenure of contract but since the financial and administrative power of the President of the Zila Panchayat, Fatehpur has been ceased and Committee has been appointed, Committee cannot invite tenders for making fresh contracts. On that basis, the petitioner has already obtained an interim order in the said writ petition. In case there is any violation, it is open to the petitioner to file application for contempt.

(3.) So for as the power of the Chairman is concerned, in a connected matter, the Lucknow Bench of this Court in the order dated 9.3.2010 passed in Misc. Bench No. 1858 of 2010, Smt. Rekha Singh v. State of U.P. and others, has held that the enquiry report has already been submitted on 2.2.2010, therefore, there is no reason for not taking an early decision and by disposing of the said writ petition, directed that appropriate decision shall be taken by the State Government within a period of six weeks from the date of receipt of a certified copy of the order. Hence, this Committee cannot continue indefinitely, and, the work of the Committee is going to expire very shortly and the appropriate decision is to be taken by the authority concerned under the orders of the Court and as such, there is no need to interfere with the work of the Committee nor there is any justification to take any step against any Member of the Committee in case of any fault.