BALRAM GUPTA Vs. SUPERINTENDENT DISTRICT JAIL BANDA

JUDGEMENT

(1.) In both the aforesaid petitions questions of fact and law are similar and both the petitions can be decided by a common judgment against which learned counsel for the parties have no objection. Writ Petition No. 20786 of 1998 shall be the leading case.

(2.) Writ Petitions have been filed challenging orders dated 23-3-1998, which are Annexure 1 to both the writ petitions, passed by respondent No. 2, under Section 3(2) of the National Security Act, 1980 (hereinafter referred to as the Act) under which the petitioners have been detained. Petitioners have also challenged the legality of their continued detention.

(3.) Along with the orders of detention, petitioners were also served with the grounds on which basis the detaining authority formed the subjective satisfaction for detaining them. From perusal of the grounds it appears that petitioner Balram Gupta was serving as Junior Engineer in mechanical branch of Jal Nigam, Banda. Petitioner Mustaq Ali was working as contractor in the same Branch of Jal Nigam. M. A. Khan was Executive Engineer in the Mechanical Branch of Jal Nigam, Banda. He was transferred on 29-10-1997 from Banda to the head office of Jal Nigam, U. P., Lucknow, but he continued to stay at Banda and was trying to get his transfer cancelled. From the grounds, it appears that there was bungling of about Rs. Fifty lakhs of government money during the period Shri M. A. Khan was posted at Banda. Unauthorised payments were made to petitioner Mushtaq Ali though he had not done any work. Deceased Prem Singh on transfer joined as Executive Engineer in place of Shri M. A. Khan. He noticed large scale bungling of government money by his predecessor in league with petitioner Balram Gupta and Mushtaq Ali. All the three pressurised Prem Singh not to inquire into the matter of alleged embezzlement of government money but Prem Singh continued to discharge his duties faithfully and honestly. Then he was threatened for life. Prem Singh felt so much harassed that he, at one point of time, decided to resign from the post and proceeded on leave. However, on persuasion of his wife and considering the future of his children, he resumed his duties.