LAWS(SIK)-2017-9-7

BISHNU RAI Vs. UNION OF INDIA THROUGH SECRETARY

Decided On September 19, 2017
Bishnu Rai Appellant
V/S
UNION OF INDIA THROUGH SECRETARY Respondents

JUDGEMENT

(1.) Pointing out gross irregularities including financial irregularities and illegalities committed by the Respondents No.3, 4 and 5, the Petitioners had earlier filed a Writ Petition, being WP(PIL) No.18 of 2000, seeking a direction to the State or the concerned Ministry, to carry out thorough investigation as to the allegations raised. Disposing of the Petition on 23-06-2014, the Division Bench of this High Court ordered as follows;

(2.) In compliance thereto, the Petitioner filed a representation dated 28-07-2014 before the Respondent No.2, who on being satisfied prima facie about the allegations, constituted a Fact Finding Committee (for short "FFC") to enquire thereto. A prayer for extension of time to dispose of the representation dated 28-07-2014 was made by the Respondent No.2 before this Court and allowed. Despite such extension, the Report of the Committee was not made available to the Petitioner, giving rise to the instant Writ Petition, seeking disclosure of the Report of the FFC to the Petitioners, by furnishing it before this Court with a prayer to the Court to direct any Law Enforcing Agency to take up legal proceedings against the Respondents No.4, 5 and 6.

(3.) The Respondents No.3 and 5 filed their respective Counter-Affidavit disputing and denying the allegations levelled as baseless. Respondent No.4 in his Affidavit also resisted the allegations levelled by the Petitioners as false and vexatious and made with the malicious intention of damaging the Respondent's reputation.