SUSHIL KUMAR MODI Vs. STATE OF BIHAR

JUDGEMENT

(1.) These writ petitions have been filed in public interest by individual citizens and organisations of different complexions, in substance seeking direction, to the Central Bureau of Investigation (CBI) to enquire and investigate the cases relating to fraudulent excess expenditures/drawals in the Animal-Husbandry Department of the Government.

(2.) The crux of the petitioners' case is that the officers of the Animal Husbandry Department-Both at the district and the Secretariat levels-in collusion with the Treasury Officers Officers of the Finance Department at the Secretariat level with the blessings and support of the Government, systematically drew huge sums of money in excess of the grant, i.e. the financial sanction against fake allotment orders, vouchers, etc. According to the petitioners, because of the involvement and bias of the high-ups, fair investigation into-what has come to be known as Animal Husbandry Scam in the State, is not possible.

(3.) The State does not deny that there have been excess drawals of money beyond sanctioned grant. It also does not deny that the drawals were fraudulent in nature. In paragraph 43 of the counter-affidavit in C.W.J.C. No. 602 of 1996 (R) it has been stated, "As a matter of fact, it is a case of fraud and forgery and the money fraudulently drawn from the consolidated fund of the State". According to the State, while it was aware of the excess drawals, which is an usual phenomenon in the State Financing, it had no knowledge that the drawals were fraudulent in nature until January, 1996. And when the fraud came to light prompt action was taken by filing criminal cases, instituting administrative enquiry and so on.