GYAN PRAKASH Vs. P K MISHRA

JUDGEMENT

(1.) THE petitioner, as pro bono publico, has preferred this writ petition with numerous reliefs which include issue of a mandamus to collect back the loss of Rs. 607. 47 crores for tank ammunition from the responsible officers of the Ordnance Factory, Khamariya and others; to issue a direction to the respondent No. 8, the Secretary, Ministry of Defence, Government of India, to collect back the profit of Rs. 1432. 76 crores earned by the respondent Nos. 1 to 5 during the period 1999-2002 to public fund as the said respondents arc charged War Insurance Charges from public for the last 50 years; to issue a command to collect back Rs. 2175. 44 crores incurred on emergency procurement during the operation "vijay" (Kargil War) from War Insurer; to direct the Home Secretary for compliance of the provisions of the Arms Act; to identify the people who arc responsible for the loss of Rs. 4215. 63 crores, as has been putforth in the body of the writ petition; to enforce the Government of India Order under Fundamental Rule 22 vide GIFD No. F/113-R/30, dated 19-8-1930; to institute criminal proceedings against the officers who arc involved and responsible for supply of defective tank ammunition; and to pass such other order/orders as may be deemed fit and appropriate in the facts and circumstances of the case.

(2.) WE have enumerated the reliefs initially, as the petitioner appearing in person, endeavoured hard to bring it to the notice of this Court about the irregularities that have prevailed in various ordnance factories and how the losses have incurred due to irresponsible acts of the authorities to which he has summarised in the relief clause.

(3.) THE petitioner, as has been putforth by him, was working in the Ordnance Factory and in the present writ petition has made series of allegations against the respondents which relate to illegal collection of War Insurance Charge from the public at large, the loss of life in the Kargil War due to failure of supply of emergency arms and ammunition by the respondents; the heavy cost incurred in the production; the defect in ignition; and the critical defects which are noticeable in the ammunition that was manufactured in the Ordnance Factory Khamariya and Ammunition Factory, Kirkee; the extra expenditure incurred because of non-workable facilities, lack of infrastructure by the authorities at the time of preparation of ammunition; lack of facilities for the workers, unhealthy atmosphere under which workmen work during manufacturing process, various defects that are curable in preparation of the weapon and equipments; and the defective procedure in the enforcement system.