RAMASHANKAR BHARDWAJ Vs. STATE OF MP

JUDGEMENT

(1.) PETITIONER, who is a public spirited person, social worker and a former M. L. A. from Sheopure, has filed this Pro Pono Publico petition stating therein that under the scheme of Sarva Shiksha Abhiyan, which was implemented in the State of Madhya Pradesh, the Collectors were appointed as District Mission Director, to provide free education to the children up to 14 years of age and for the betterment and upliftment of the education in district sheopure, Collector Sheopure has made purchases of 61 Scot Duplicating machines, 5 Digital Scanner-cum-Printer Digital Duplicator Machines, 5 computer Interface, 1 Digital Scanner-cum-Printer Digital Duplicator Machine, 1 computer Interface, 6 Colour Drums for RD machine, 6 Scot Hot and Cold Roll to Roll Laminating Machines and 6 Scot Data Bind Electrically Operate Heavy duty Plastic Comb Document Binding machines, total costing Rs. 57,47,204/ -. Those machines were purchased without calling for tenders and without appointing purchase committee, without examining the rates to be quotted by different competitors and the aforesaid machines were purchased from respondent No. 5-company by Collector, Sheopure and in purchasing the machines no procedure was applied or followed. The purchase orders were passed by the Collector and undue benefit has been given to the company. The useless machines were supplied, which are not in a workable condition, they are old machines and a fraud has been played with the Government funds. Therefore, the petitioner prayed that the work order be cancelled and machineries be returned back and amount be recovered or the matter be referred to CBI for enquiry and competent authority be directed to take appropriate action against the collector, Sheopure and he should be removed from that post.

(2.) IN reply, stand of the State was that the Collector was busy in other work, therefore, he could not properly supervise and there was a coccus of Dr. Suraj Nagar, the-then District Project Co-ordinator, Anil Singh Kushwaha, Man singh Parmar and Dinesh Singh Jadon, they were involved in misutilisation of the public funds, they were also involved in the entire scam and approval of the collector was obtained on the note-sheet in good faith. When the matter came to his notice, he directed to initiate the legal action against the said four persons. They have been suspended and charge-sheeted. The said four persons also filed petitions challenging their suspension orders but from this reply it appears that the State has not taken any stern action against the erring persons.

(3.) IN the aforesaid matter this Court on 15-5-2007 directed the commissioner, Gwalior Division, Gwalior to hold an inquiry against the aforesaid officers and submit the report. In compliance of this Court's order the commissioner has submitted its report dated 6-11-2007. According to this report, the learned Commissioner has found all the officers guilty. Since the original record was not placed before the Commissioner, therefore, pin-pointed responsibility could not be fixed, but it is mentioned that uptil now no payment of the material purchased has been made to the Company, therefore, it was found that at present the State has not suffered any loss but if the payment is made then certainly the State would suffer heavy loss.