Pleadings

1. One Nabam Tagam filed this Public Interest Litigation (‘PIL') in particular against the respondent No. 7 who was the then Minister of Public Works Department and Urban Development, Arunachal Pradesh alleging the criminal misconduct and misfeasance and malfeasance in the capacity as PWD Minister. The request to withdraw the PIL is rejected and petitioner is fined Rs. 10,000 by order dated 16.2.2010 in Misc. Case 347/2010 and the registry is directed to register the PIL as a suo motu writ petition. In paragraph 4 of the petition the acts of misconduct have been stated as under :

"(i) the contract for construction of low cost housing for safai karmachari and for the people living below poverty line at Itanagar, Arunachal Pradesh for Rs. 3,06,06,667.74 was awarded to one M/s. N.E Agency at the behest of the respondent No. 7, Mr. Nabam Juki, the hon'ble Minister, PWD & UD in gross violation of the norms and procedures required to be followed in awarding such contract. It be stated herein that the said agency has no EPF license, labour license, contractor registration in CPWD or Railway, MES, NBCC, etc. As required for being eligible for entering into such contract. The said M/s. N.E. Agency is owned by Smt. Nabam Yani respondent No. 8 wife of the hon'ble Minister, i.e., respondent No. 7 as mentioned above.

It maybe mentioned herein that the petitioner has obtained from RU-01 containing Certificate of Registration issued under the Arunachal Pradesh Goods Act, 2005, in respect of M/s. N.E. Agency wherein though the name of the proprietor is not mentioned but the photograph pasted in the said form is of Smt. Naban Yani wife of Mr. Nabam Tuki, Minister and the petitioner recognizes the said photograph of Mr. Nabam Yani.

(ii) The aforesaid agency, namely, M/s. N.E. Agency owned by Smt. Nabam Yani wife of the hon'ble Mr. Nabam Tuki was further awarded with another contract for construction of staff quarters for KV Rohtak for Rs. 53,28,038 at the behest of hon'ble Minister Mr. Nabam Tuki, respondent No. 7 vide letter dated 15.12.2005. The said contract was again awarded without following any norms and procedures.

(iii) The contract of House Keeping & Catering Service of newly constructed Arunachal House at the Chanakya Puri, New Delhi was awarded to an agency namely, M/s. Jumsi Enterprise, owned by Smt. Nabam Aka, respondent No. 10, who is the sister-in-law of Nabam Tuki hon'ble Minister (PWD & UD), Arunachal Pradesh, at the instance of the hon'ble Minister, Mr. Nabam Tuki, the value of which runs into crores of rupees. The said contract was allotted vide U.O. No. MPWD-13/2004-05, dated 16.11.2005 without following any norms for awarding such contract.

(iv) The contract for construction/raising boundary wall at Kendriya Vidyalaya at Salt Lake, Kolkata for Rs. 13,81,093 lacs vide letter No. SECC/Cont-2(A)/2005-06/3478, dated 15.12.2005 without floating the required NIT was awarded to M/s. Jusmi Enterprise. The said agency as mentioned above is owned by Sri Naba Aka sister-in-law of hon'ble Minister (PWD & UD), Arunachal Pradesh the respondent No. 7 by totally violating the required procedure for awarding contract on non-competitive amount.

The petitioner respectfully states that Kendriya Vidyalaya Sar.gathan appears to have entrusted the construction job of its organization to PWD, Itanagar and the PWD, Itanagar is allotting construction works of Kendriya Vidyalaya from Shillong to Calcutta and Rohtak in Haryana at will Some of these works have also been awarded at the behest of Minister to his relatives which are as follows.

(v) The contract for construction of Regional Office Building for Kendriya Vidyalaya Sangathan at Salt Lake, Kolkata for Rs. 26,90,913 was awarded to an agency, namely, M/s. Engineers Cooperative Society Ltd. It may be stated herein that in spite of best efforts on the part of the petitioner, the said firm could not be located in the State of Arunachal Pradesh. However, according to th