SANTOSH PRINTING PRESS Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner had made some emergent supplies at the time of flood relief work on the orders of the Bihar State Small Scale Industries Corporation Ltd. (Respondent No.4). The said Corporation which is State Government undertaking and has been formed, inter alia, with the object procuring orders from State Government, State Government Departments and forwarding it to Small Scale Industries for execution and in the process collecting a part of the commission.

(2.) AT the time of floods in the year 2004, relief work was carried out through Patna at war footings, as claimed by the State Government. This relief work was publicized by the State Government and true international fame, but, soon thereafter, it appears that the bubble burst. State Government in the department of disaster management then learnt that there was mass bungling, as usual. Vigilance Department of the State then took up the enquiry and criminal cases were lodged not only against the then District Magistrate -cum -Collector, Patna, but, the petitioner reports of actual supply came from Disaster Management Department of the Government, as also from the Vigilance, who examined the matter. Claims were raised by the Bihar State Small Scale Industries Corporation Ltd. with regard to supplies made through its agencies. It appears that once the criminal case was lodged every person withdrew his responsibility to make any payment whatsoever for any relief carried on. State is not in a position to dispute that the substantial emergent relief work was done running into several crore rupees worth. Payments were also made in advance but once the criminal case been instituted no one is ready to finalize and settle the accounts. To this Court, the position can be exemplified as under.

(3.) PETITIONER 'sclaim having been supplied 100 bags of relief material, the Corporation bills for 90, the disaster management acknowledges receiving 80, the Vigilance which seizes all papers opines that only 50 were supplied and the Government of India, which was monitoring the relief work day to day reports receiving 70 bags.