BHAGWAN LAL JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition has been filed by the petitioner for the following reliefs:

(2.) Learned counsel for the petitioner submitted that while the Tender for Flood Fighting Measures' 2004 for Patna was under process, on 9.7.2004, the Secretary, Disaster Management Department, Govt. of Bihar on the direction of Chief Secretary, Bihar issued an order dated 9.7.2004 to the District Magistrate, Patna to arrange the Flood Relief Materials for Sitamarhi in the evening itself, at State Hanger. Contents of the said order itself show emergent situation and departure from the Normal Rule applicable to normal situation. In this emergent situation Flood Relief Operation, 2004 commenced and on the supply made by petitioner it continued for a record breaking (after 1987 in the State) Month Long Relief Operation (one of the longest in country) being carried from Patna under the joint vigil & supervision of the State Government's High Official alongwith the Team of Officials of Ministry of Home Affairs, Govt. of India, . headed by the Chief Secretary of the State and also by the then Vigilance SP, Sri Ajit Joy.

(3.) It is also stated that unfortunately by the time relief operation was over and file for final payment was moving, there was change of regime in the State and out of political agenda criminal prosecution was launched in connection with Flood Relief Operation, 2004. Petitioner being a bona fide supplier and confident about the quantum of supply voluntarily surrendered before the court of law under an impression that if the matter will be fairly investigated allegation will never be substantiated. The Daily Situation Report of Ministry of Home Affairs (SITREP04), the only Contemporaneous Record of Flood Relief Operation'04 and the Report of Disaster Management Department, Govt. of Bihar which not only contains the detail of material distributed during the relief operation, were deliberately withheld and concealed from investigating agency for obvious reason that consideration of the said reports would frustrate the entire allegation levelled.