TADAR TANG Vs. STATE OF A P

JUDGEMENT

(1.) The present petition under Article 226 of the Constitution of India is being filed in the nature of a Public Interest Litigation (PIL). The basic grievance is with regard to the utilization of an amount of more than Rs.400 crores under the Revised Estimate (RE) Scheme for the year 2015-2016 for various developmental works in the State of Arunachal Pradesh. The principal allegation is that the works amounting to more than Rs.400 crores have been allotted without inviting tenders and to benefit persons with vested interests. Such illegality has been alleged to have been done by various Government officials in nexus with the politicians and contractors. The petitioners have prayed for a direction to institute an investigation in the matter by the Central Bureau of Investigation (CBI for short) and to register a criminal case against the erring persons.

(2.) The brief facts of the case may be summarized in the following manner.

(3.) Ten numbers of petitioners, who claim to be the office bearers of an organization, namely, Arunachal Anti-Corruption Sena, have joined together to file this petition. It is the case of the petitioners that on an earlier occasion, a PIL was filed before this Court, being PIL No.64/2014 on the subject of calling for tenders for execution of works under the Revised Estimate Scheme for the year 2013-2014. Though the said PIL was disposed of vide order 04.11.2014, the directions issued by this Court for inviting tenders were not complied with. It is the case of the petitioners that the entire amount of Rs.110 crores for the Revised Estimate Scheme for the year 2013-2014 was misappropriated. The petitioners have alleged that an amount of Rs.300 crores which was sanctioned for the year 2014-2015 was also misappropriated. The present grievance pertains to the year 2015-2016 where for a total amount of Rs.400 crores under the said RE Scheme no tenders were invited and the money was misappropriated by the authorities of the Public Works Department (PWD), Government of Arunachal Pradesh and the contractors. It has further been alleged that no works were executed in the field and if any work has been executed, the same is sub-standard. The petitioners claim that every year substantial amounts are sanctioned and there is no utilization and, therefore, the petitioners have made a prayer to institute an investigation by the CBI by registering a criminal case. In the present PIL, apart from 67 numbers of Government respondents, 11 numbers of private parties have been arraigned as respondents.