CHATRA CHETNA SANGATHAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS application has been filed under Article 226 of the Constitution of India by the petitioner through its Chairman, Himanshu Mishra who has prayed for issuance of a direction to the Director General of Police (Vigilance), Government of Jharkhand, Ranchi to make a detailed enquiry regarding the supply of C.S.B. (Dalia) infested with insects and non -supply of S.S. Oil to the poor and innocent pre -school children in the various centres of Amrapara Block in the district of Pakur in view of the series of complaint of the villagers and also regarding illegal deductions of Rs. 200/ - and Rs. 100/ - from the honorarium of Sevika and Sahayaikas respectively every month and extortion of Rs. 800/ - to Rs. 2,000/ - from the Sevikas and Sahayaikas by respondent No. 6 under threat and coercion on the false plea regarding its recovery due to audit and also for a direction to respondent No. 1 for initiating disciplinary action against respondent Nos. 5 and 6 for the act of their omission and commission.

(2.) THE petitioner is an organization headed by its chairman dedicated to the cause of public in general and students in particular in all the district of Santhal Parganas Division. The Central Government in collaboration with the World Bank has launched a scheme called Integrated Child Development Scheme (in short 'ICDS') where in C.S.B. (Dalia) made of maize, Soybean mixed with Iodine salt along with S.S. Oil besides other food articles manufactured by the United States of America is distributed by the Child Development Project Officer of every block to the poor pre -school children living in villages for their nourishment through Anganbari Sevikas after cooking the same with the help of one Sahaika at each centre and for that the Sevikas and the Sahayaikas get honorarium @ Rs. 500/ - and Rs. 200/ -respectively per month. Under the Scheme aforesaid lady Supervisor is required to visit various centers allotted to her and to make inspection as to whether the children are properly looked after and the food supplied to the Sevikas from the Child Development Project office is properly distributed among the pre - school children. Under the said scheme C.S.B. (Dalia) was supplied to the different Anganbari Centres in the Amrapara block from the office of respondent No. 5. The food stuffs supplied to the different centers are properly known as Poshahar. It is alleged that Poshahar supplied by the office of respondent No. 5 was found to be infested with insects which is hazardous to the health of children and the said Poshahar is primarily distributed among the poor innocent Adivasi and Harijan children. The Poshahar supplied to Pander Kole Centre in the Amrapara block was found to be infested with insects and Smt. Kiran Vengra, Supervisor of the CDPO office, Amrapara discovered the said Poshahar infested with insects and not fit for human consumption and she directed the Sevikas not to distribute the same till it is medically examined and she also made a report to that effect to respondent No. 5 on 17.3.2001 along with relevant papers regarding illegal deduction of amount of Rs. 200/ - and Rs. 100/ - respectively from the payment of honorarium made to Sevikas and Sahayaikas respectively and also regarding the lesser supply of the packets of Poshahar as against receipt of twelve packets of C.B.S. (Dalia). It is also alleged that villagers of different centers have also made complaint in respect of the infested Poshahar supplied to their centers. It is also alleged that respondent No. 6 had also sent a chit of paper dated 25.11.2000 per his pen directing Prem Lata Kishku, Sevika, Pander Kole to hand over Rs. 800/ - to him on the pretext that the same is required to be given for audit. It is alleged that inspite of the complaint no action was taken by respondent No. 5 in the matter and innocent underfed children of Pahariyas, Santhals and Harijans were compelled to eat C.S.B. (Dalia) i.e. Poshahar infested with insects causing health hazards to them and respondent No. 5 is solely liable for the distribution of said infested Poshahar.

(3.) IN the counter affidavit filed by the respondent No. 5 it is stated that she has been working as C.D.P.O., Amrapara since 20.10.2000 and she has supplied Poshahar to the beneficiaries of her area which have been consumed by the beneficiaries but not a single allegation has been made by any of the beneficiaries about the quality of Poshahar. It is further stated that before her joining the stock was sealed by the order of Deputy Commissioner, Pakur on 18.10.2000 in connection with some enquiry and later on it was ordered to distribute the said articles to the beneficiaries and on the direction aforesaid the same has been distributed in the month of January and February, 2001 and sent to different centers. It has also been stated that Smt. Kiran Vengra, Supervisor of the Child Development Project Office, Amrapara has been placed under suspension by the Department and charge was framed against her by this respondent on 5.3.2001 and thereafter she has fabricated false report on 17.3.2001 regarding few of the packets of Poshahar being infested and having been distributed among the beneficiaries with mala fide motive. It is also alleged that Kiran Vengra aforesaid had earlier filed W.P. (PIL) No. 2521 of 2001 but the same was dismissed on 20.6.2001 in which this Court has observed that the petitioners are the employees and both are husband and wife and they have filed the present writ application in the shape of Public Interest Litigation which in their opinion is not maintainable. It has also been submitted that suppressing the facts aforesaid she has got this writ petition filed through the petitioner on the same cause of action. Lastly it has been stated that the allegation levelled against this respondent was enquired into by the higher officials of the Department and the same was found false and baseless.