GOOD CAUSE ASSOCIATION Vs. STATE OF U P

JUDGEMENT

(1.) R. K. Dash, J. This is the petitioner's second journey to this Court against the State as well as the Chief Minister and other officials; its earlier Writ Petition No. 2423 of 1997 having been finally disposed of with certain observations. In the said writ petition, the petitioner had made certain allegations against the present respondent No. 2 and prayed for issue of a writ, order or direction directing the Vigilance Commissioner and Central Bureau of Investigation (CBI for short) for investigation of the offences of cheating and criminal breach of trust. Further prayer was made to direct the aforesaid public authorities to come before the Court and furnish an undertaking to perform their duties of investigation within stipulated time.

(2.) THE grievance of the petitioner as appears from the order, Annexure-1, was with regard to creation of Greater NOIDA and investment of huge amount from public exchequer for creation of Ambedkar Park. THE Court upon hearing the Counsel for the petitioner, Advocate General for respondent No. 2 and Counsel for the C. B. I. disposed of the said writ petition with the observation and direction that the Comptroller & Auditor General of India which has taken up inquiry as entrusted to it by the State Government with regard to creation of Ambedkar Park shall make all endeavour to conclude the inquiry preferably within four months. As regards the allegation concerning Greater Noida, in view of submission made by the learned counsel appearing for the CBI that pursuant to notification by the Central Government, the matter had been entrusted to CBI for investigation, the Court held the writ petition to have become infructuous.

(3.) SO far the allegation with regard to Ambedkar Park, it stated in the counter affidavit of the Under Secretary that the Comptroller & Auditor General of India made a special audit and submitted a report which was ultimately placed before State Legislative Assembly on 15-7-1999 and as provided under Articles 151 and 154 of the Constitution, the said report is being examined and considered by the Public Accounts Committee of the U. P. Legislative Assembly and since the said Committee is seized of the matter, no writ petition would lie for directing to hold a parallel probe.