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2012 Supreme(Jhk) 104
2012 (2) JCR 546
IN THE HIGH COURT OF JHARKHAND, RANCHI.
Prakash Tatia, & P.P.Bhatt, J
Citizens'. Cause
Versus
The State of Jharkhand and Ors
W.P(PIL) No. 858 of 2009
Decided On : 18th January,2012
For the Petitioner:Mr. M.S.Anwar, Sr. Advocate
For the State : Mr.R.R. Mishra G.P. II .
The judgment emphasizes the importance of strict compliance with anti-corruption laws and the need for effective enforcement by the government and law enforcement agencies.
Headnote:
Corruption - Bihar/Jharkhand Prevention of Specified Corrupt Practices Act, 1983 - Section 34
Fact of the Case:
The petitioner sought the implementation of Section 34 of the Bihar/Jharkhand Prevention of Specified Corrupt Practices Act, 1983, which requires government servants and officers to submit a statement of their movable and immovable properties upon joining their services or within three months.
Finding of the Court:
The court found that the government failed to enforce the law despite issuing a notification, and many government employees did not comply with the requirement to submit property details.
Issues: Non-compliance with the law by government employees, failure of the government to enforce Section 34 of the Act, and the validity of the notification issued by the government.
Ratio Decidendi: The court emphasized the importance of strict compliance with the law and directed the State Government to provide explanations for not implementing Section 34. It also highlighted the need for the vigilance department to be adequately staffed and for the police to strictly adhere to the provisions of the Code of Criminal Procedure.
Final Decision: The court directed the State Government to file an affidavit within three weeks and issued various directives to ensure compliance with the law and proper functioning of the vigilance department.
Reportable
1. Heard the learned counsel for the parties
2. The learned Sr. Counsel for the petitioner drew our attention to the paragraph-6 of the order of this Court dated 14th September, 2011, which reads as under :-
“6 The petitioner in prayer (E) of the writ petition, has prayed for effective implementation of the Bihar/Jharkhand Prevention of Specified Corrupt Practices Act, 1983 and particularly implementation of Section 34 of the Act which provides that State Government servants and officers and all employees, officers and Chairman, Vice Chairman, Directors, Deputy Directors and members etc. of a public undertaking, Authority, Co-operative Society, Corporations, Body, Board, Society or Organizations and known by any other name constituted under Central Act, ordinance, Rule or Regulation or over which the State Government has its control or authority and all those who in any way are concerned with the functioning of the said public undertaking etc. shall submit simultaneously with joining the post after their appointment, statement of their entire movable and immovable property in prescribed proforma and in case the public servants have submitted the particulars as required under the above provision.”
3. The learned Sr. Counsel for the petitioner also drew our attention to the Government's notification dated 9th September, 2010 whereby the State Government has amended the Rule 9 of the Jharkhand Government Servant Conduct Rules 2001.
4. It appears that by this order, one order issued by the then State of Bihar numbering 69491 dated 5th April 1976 has been amended requiring submission of the statement of the movable and immovable property of the government servants within three months and thereafter submitting the periodical statement of such properties. It has also been provided by this notification that Principal Secretary and the Secretary shall get the order implemented.
5. The learned Sr. Counsel for the petitioner submitted that it is a clear case of deliberate violation of the order of this Court wherein it has been indicated that the petitioner has prayed for implementation of Section 34 of the Bihar Prevention of Specified Corrupt Practices Act,1983 which is adopted by the State of Jharkhand.
6. Section 34 of the said Act of 1983 covers the State government servant and officers and all employees and Chairman, Vice Chairman, Directors, Deputy Directors and members etc. of public undertaking, authority, cooperative society, corporation, body, Board , society or organization and known by any other name constituted under Central Act, ordinance rule or regulation or over which the State Government has its control or authority and all those who in any way are concerned with functioning of said public undertaking etc. Such persons are required to submit the statement of their movable and immovable properties at the time of joining of their services or within a maximum period of three months as per clause (2 ) of Section 34 of the Act. If such declaration is not furnished even after direction of the competent authority then they shall be punished with imprisonment for a term of one year or with fine or with both. Furthermore, the court shall have also right to pass an order in pursuance of the provision of Chapter 34 of the Code of Criminal Procedure 1973 for confiscating the property in case above mentioned officers or employees is found guilty of earning it by corrupt practice.
7. Prima facie, it appears that to come out of rigour of sub-clause( 2) of Section 34 of the Act of 1983, this notification dated 9th September, 2010 has been issued and it has been stated that notification has been brought in compliance of this court's order dated 14th September, 2011 and instead of requiring of the statement of the property under section 34 of the said Act, it has been required by notification dated 9th September, 2010 to obtain the particulars of the properties of such employees, referred to above. In case of non-f
