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IN THE HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
Sanjeev Kumar, J.
Prof. S.K. Bhalla – Petitioner
Vs.
State of J&K and Ors. – Respondents
OWP No. 1052 of 2013, MP Nos. 01 of 2017, 1457 of 2013 & 1746 of 2014
Decided On : 07-05-2018
Misuse of Government Vehicles - Public Interest Litigation - The court took cognizance of the petitioner's claim of misuse of government vehicles by the Deputy Chief Minister and his staff, and issued directions to constitute a Special Investigation Team (SIT) and monitor the progress of the investigation. The court also treated the petition as a public interest litigation due to the public interest element involved.
Fact of the Case:
The petitioner raised the issue of misuse of government vehicles by the Deputy Chief Minister and his staff, based on information received through a Right to Information Act application. The petitioner sought the constitution of a Special Investigation Team (SIT) and monitoring of the investigation by the court.
Finding of the Court:
The court found that the issues raised by the petitioner were in the public interest and went beyond the petitioner's prayers. The court took cognizance of the information and issued directions, treating the petition as a public interest litigation.
Issues: The issues involved the misuse of government vehicles by the Deputy Chief Minister and his staff, and the delay in the investigation despite court monitoring.
Ratio Decidendi: The court's decision was influenced by the public interest element in the matter, leading to the treatment of the petition as a public interest litigation and the issuance of directions for investigation.
Final Decision: The court directed the registry to place the matter before the Lord Chief Justice for appropriate decision.
1. In this petition, the petitioner-Prof. S.K Bhalla has raised the issue of misuse of Government Vehicles by the then Deputy Chief Minister of the State, Sh. Tara Chand and his personal staff. The petitioner claims to have received information in response to his application moved under J&K Right to Information Act, 2009. It is submitted that as per the information supplied at the relevant point of time, the then Deputy Chief Minister was exercising administrative control over the following departments:-
(i) Housing and Urban Development Department, J&K Government.
(ii) Jammu Municipal Corporation.
(iii) J&K State Motor Garages.
(iv) J&K Housing Board.
(v) Jammu Development Authority.
(vi) Director Urban Local Bodies, Jammu.
(vii) Srinagar Development Authority.
(viii) Srinagar Municipal Corporation.
(ix) Director Urban Local Bodies, Kashmir.
(x) Lakes and Waterways Development Authority, Srinagar.
(xi) IGP, Security Headquarters, J&K.
2. The petitioner has claimed that as per the information made available to him, the then Deputy Chief Minister had been requisitioning vehicles from various departments and autonomous institutions under his administrative control and acting contrary to his entitlement, was also getting POL issued to more than 20 vehicles from Jammu Municipal Corporation in violation of spirit of Government Order No. 1123-GAD of 1997 dated 11.07.1997. The petitioner has given details of the vehicles which obtained POL from Jammu Municipal Corporation on the written instructions of the personal staff of the then Deputy Chief Minister. On the basis of the information and inputs received by the petitioner, the petitioner filed the instant petition seeking inter-alia following relief’s:-
MANDAMUS:-
(i) Commanding the respondents to constitute a Special Investigation Team (SIT) under the direct supervision of respondent No. 4 comprising of officers having impeccable integrity in order to probe the petitioner’s complaint dated 14-09-2012 directed against the Deputy Chief Minister of the State and his Personal Staff/Section regarding the double drawl of POL so that confidence is instilled in the fairness/impartially of the probe.
(ii) Commanding the respondents 4 to 6 finalize the preliminary enquiry/verification expeditiously into the complaint of the petitioner dated 14-09-2012 against the Deputy Chief Minister of J&K State and his Personal Staff/Section with regard to the double drawl of Petrol Oil Lubricants (POL).
(iii) Commanding the respondents 4 to 6 to submit before this Hon’ble Court the status/progress reports of enquiry/investigation on weekly basis so that the preliminary enquiry gets culminated with utmost promptitude.
AND
With a further prayer to this Hon’ble Court to monitor the entire preliminary enquiry/investigation till its completion and filing of charge sheet against the accused in the competent court of law.
AND
Writ of certiorari seeking the quashment of order dated 22-07-2013 passed by the Court of Special Judge, Anti-Corruption, Jammu to the extent the SVO has been granted a further period of four months for completion of the verification/preliminary enquiry when the SVO has been allowed numerous opportunities to finalize the enquiry.
Prayer for grant of any other interim or final relief as may be deemed appropriate in the circumstances of the case.
3. Taking cognizance of the matter, this Court vide its order dated 25.07.2013 called upon respondent Nos. 5 and 6 to appear in person along with the case diary. Respondent Nos. 5 and 6 appeared along with the record and divulged that the State Vigilance Organization had undertaken the process of enquiry in the matter of misuse of vehicles by the Staff of the then Deputy Chief Minister of the State. Thereafter, from time to time, the directions were issued to file Status reports in the matter.
4. From perusal of the orders passed from time to time, it is apparent that this Court, in a way, has been monitoring the status of enquiries against the delinquent. From
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