JUDGMENT

Dalveer Bhandari, J. —

1. This appeal is directed against the judgment and order dated 19.10.2001 passed in Civil Writ Petition No. 17 of 2001 by the High Court of Sikkim at Gangtok.

2. The All Sikkim Youth Forum, a registered body, filed a writ petition in public interest in the High Court. This appeal was based on a news item which was published in the ‘Sikkim Observer’, a National Hill Weekly, from 13th to 17th November, 2000 under the title ‘Transparency and Accountability-I’. In the news item it was published that according to well placed sources the Public Works Department (Roads and Bridges), Sikkim had submitted a report to the Finance Commission showing a financial liability of more than Rs.60 crores. Sensing some foul play in the matter, the then Chief Minister of Sikkim had ordered for a thorough probe into the matter. A Committee was formed for this purpose. The Committee completed its investigation into the matter and submitted a report to the State Government. Surprisingly, the liabilities came down to Rs.40 crores from Rs.60 crores, showing a difference of Rs. 20 crores.

3. It was also mentioned in the writ petition that a news item was also published in another news-weekly ‘Sikkimese’ in its Gangtok Edition from 22nd to 28th November, 2000. In this article it was published that the Sikkim Public Works Department had indiscriminately defied the Rules and that there had been grave irregularities by the Public Works Department in repair of roads and bridges.

4. It was further mentioned in the writ petition that in the “Weekend Review” under the title “Finance Department stumbles upon Roads and Bridges excesses” an article was published. It was stated in the article that the report revealed that Roads and Bridges department of Public Works Department had committed to 350 percent in excess of outlay and it would take four years to clear the dues.

5. The press reports, in general, had indicated and suggested departure from the established norms and deviations in procedure had occurred on account of corruption.

6. The officers of the Finance and Revenue departments had been named in the writ petition. In the writ petition it was stated that the petition was not aimed at any individual or set of persons and was not filed with any ulterior motive. The petition was genuinely filed in the larger public interest.

7. In the writ petition it was also stated that the report received by the appellants was in 5 chapters. Chapter 1 dealt with the introduction. Chapter 2 dealt with the administrative set-up of the department. Chapter 3 dealt with the liabilities projected-its general analysis. It also dealt with the South West circle comprised of the Jorethang Sub Division, the Namchi Sub Division, the Geyzing Sub Division, the Kaluk Sub division, the Ravangala Sub Division. There was reference to the North East Circle comprising of the Singtam Sub Division, the Mangan Sub Division, Sub Division IV, Station Sub Division and Pakyong Sub Division. Chapter 4 dealt with stores/stocks materials while Chapter 5 dealt with temporary advance. It was further stated in the writ petition that on verification of the cash book and other relevant records of the said Roads and Bridges Department it was found that a whopping sum exceeding Rs.3.41 crores was outstanding against the following departmental officials as on 29.02.2000.

8. In the writ petition it was also incorporated that advances drawn since 1994, 1995 onwards were outstanding against the officers and the department was kept on adding further advances without insisting on the adjustment of the amount earlier advanced to them.

9. The grievance of the appellants in the writ petition was that all the officers mentioned in Chapter 5 were heading responsible posts in the Public Works Department and other Departments in the state. No action had been taken as recommended in the report for recovery of the amounts totaling to Rs.3.41 crores approximately outstanding as on 29.2.2000.