Writ courts should not initiate investigations into corruption allegations when statutory remedies are available; petitioners must first approach appropriate authorities.

JUDGMENT & ORDER :

Vijay Bishnoi, CJ.

Heard Mr. T. Taba, learned counsel for the petitioners. Also heard Mr. M. Kato, learned Deputy Solicitor General of India and Mr. L. Perme, learned Standing Counsel, Power Department appearing for the respondent Nos.2, 5, 6, 7 & 8.

2. The petitioners have filed this PIL petition praying for an independent investigation monitored by this Court into the alleged embezzlement/organized loot of public money to the tune of Rs.25,15,24,572/- in the name of electrification under the Rajiv Gandhi Gramin Vidyutikaran Yojana (RGGVY) for rural electricity infrastructure and household electrification in Upper Subansiri District of Arunachal Pradesh. The petitioners are also claiming that they are aggrieved with the inaction on the part of the respondent authorities to take appropriate measures for curbing the menace of rampant corruption and to punish the culprits who involved in misappropriation of Government fund to the tune of Rs.25,15,24,572/- under the RGGVY for rural electricity infrastructure and household electrification in Upper Subansiri District of Arunachal Pradesh.

3. The petitioners have claimed that although from the official report, it transpires that electrification has already been done to the villages located under the erstwhile Giba Circle (now bifurcated into Chetam Circle and Nilling Circle) of Upper Subansiri District but no such work has ever been executed and till date the villagers of these villages running their lives without electricity.

It is claimed by the petitioners that they are the public-spirited persons and at present the petitioner No.2 has been working as Chairman of Margia Multipurpose Co-operative Society situated at Supermarket, PO & PS Daporijo in the District of Upper Subansiri and working in the field for upliftment of various tribes living in the society and they are deeply concerned with the development and well-being of the entire society. It is also claimed by the petitioners that they have filed this petition for the benefit of the pubic residing in the villages, namely, Jeke, Magria, Dai, Sebing and Dabu under Nilling Circle of Upper Subansiri District of Arunachal Pradesh.

It is specifically contended by the petitioners that the villagers of the aforesaid 5(five) villages under Nilling Circle of Upper Subansiri District time and again approached the respondent authorities for electrification of their respective villages but the authorities repeatedly ignored their demand. It is further stated that ultimately in the later part of 2022, the petitioner No.2 along with two other villagers approached the respondent No.7 but to their utter shock, it was informed to them that the electrification of the aforesaid villages had already been done though the fact remains that the said villages has never been electrified.

4. In support of the above contention, the petitioners have also placed reliance on certain documents stated to have been obtained by them under the Right to Information Act. It is claimed by the petitioner No.2 that he filed a complaint regarding the alleged incident of misappropriation of fund before the Commissioner Vigilance, Government of Arunachal Pradesh on 26.09.2023. On the said complaint, Vigilance Case was registered on 07.11.2023 and initial enquiry was conducted in which the respondent No.8 submitted reply on 11.12.2023 denying the allegation of misappropriation of fund. It is further contended that despite the aforesaid complaint, investigation of the case has not been done by the respondent No.3 and no outcome has been forthcoming till date. The petitioners have also relied upon one representation stated to have been filed by certain persons on 04.03.2024 before the Deputy Commissioner, District Upper Subansiri, Daporijo, Arunachal Pradesh.

5. Having gone through the contents of the PIL petition and the material available on record, we are of the view that all alleged acts, which the petitioners have highlighted in this PIL petition are ess