2000 Supreme(P&H) 631
PUNJAB & HARYANA HIGH COURT
V.K.Bali and M.L.Singhal JJ.
Rajinder Kumar
Versus
State Of Punjab
Civil Writ Petition No. 7781 of 1997,
Decided On : JUNE 2, 2000
The main legal point established in the judgment is that when proper proceedings have been initiated against accused officials, no further action is required, and the court will not entertain requests for additional investigations.
Headnote:
Corruption - Municipal Council Irregularities - Article 226 of the Constitution of India - [Article 226] - [Summary of Acts and Sections referenced: The judgment discusses the irregularities committed by the office bearers of the Municipal Council, Mandi Gobindgarh, and the subsequent investigations conducted by the Vigilance Department, Punjab. The court also refers to the appointment of an Enquiry Officer and the charge-sheets served on the erring officials. The judgment highlights the findings of the Vigilance team and the recommendations made by the Deputy Commissioner. The court dismisses the writ petitions, emphasizing that proper proceedings have been initiated against the accused officials and no further action is required.]
Fact of the Case:
The petitioner, a Municipal Councillor, sought a writ to investigate financial and procedural irregularities committed by the President of Municipal Council Mandi Gobindgarh and other officials. The petitioner alleged corruption and irregularities in the allocation of contracts and public works, and sought an independent agency to conduct an investigation.
Finding of the Court:
The court found no merit in the writ petitions, emphasizing that proper proceedings had been initiated against the accused officials, including charge-sheets and departmental enquiries. The court dismissed the petitions, stating that no further action was required.
Issues: The issues revolved around the allegations of corruption and irregularities in the Municipal Council, the conduct of the President and other officials, and the need for an independent investigation.
Ratio Decidendi: The court emphasized that proper proceedings had been initiated against the accused officials, and no further action was required. The court also highlighted the findings of the Vigilance team and the recommendations made by the Deputy Commissioner.
Final Decision: The court dismissed the writ petitions and urged the State of Punjab to conclude the enquiry against the officials as expeditiously as possible.
V.K.BALI, J.
1. Before we might proceed any further in this matter, we would like to mention here that both these petitions, bearing Nos. 7781 of 1997 and 188848 of 1996 were listed together from time to time and on February 3, 1999, after hearing arguments in C.W.P.No. 188848 of 1996 we had dismissed the same. Before we could, however, take up next matter in the cause list, counsel representing petitioner in C.W.P.No. 7781 of 1997, who was earlier not present, came and sought permission to address arguments. Since arguments could not be heard in C.W.P.No. 7781 of 1997 on that day, both writ petitions were adjourned by specifically observing, orally in the Court, that even though we had dictated orders in Court in C.W.P.No. 188848 of 1996, same shall also stand adjourned. In the facts and circumstances, as have been fully detailed above, typed order dated February 3, 1999 is still on records of the case with all its grammatical mistakes and naturally without signatures by us.
2. These writ petitions thereafter were being adjourned from time to time for variety of reasons, like, either the counsel representing the parties were not available or there being a new roster, the Special Bench could meet only on Fridays. In this manner, almost a year has gone by.
3. By this order, we propose to dispose of aforesaid two writ petitions as common questions of law and fact are involved therein. Inasmuch as Mr. Sibal, learned counsel representing petitioner in C.W.P.No. 7781 of 1997 has addressed arguments on January 28, 2000, the date when judgment was reserved, brief facts for the purposes of deciding these petitions, have been taken from the said writ.
4. Rajinder Kumar, a Municipal Councillor, Municipal Council, Mandi Gobindgarh, District Fatehgarh Sahib through present petition filed by him under Article 226 of the Constitution of India, seeks issuance of writ in the nature of mandamus directing the respondents to investigate large scale financial and other irregularities being committed by the President of Municipal Council Mandi Gobindgarh in connivance with other officers, such as respondents 5 and 6, by an independent agency, like Chief Vigilance Officer, Punjab respondent No. 7 herein and to further direct the respondent-State to take action in pursuance of vigilance (sic) enquiries conducted by the Vigilance Department, Punjab. By way of interim measure, it is further the prayer of the petitioner that working of the Municipal Council, Mandi Gobindgarh be handed over to some Administrator so that irregularities which are being committed may not continue further.
5. Petitioner claims himself to be former Vice-President and present Municipal Councillor of Municipal Council, Mandi Gobindgarh. He has noticed various irregularities both financial and procedural, being committed by various members of the Council, especially the President. He also claims to have noticed that in this large scale conspiracy, various officials of the council are also involved. They are hand-in-glove with the President and crores of rupees are changing hands to the detriment of public at large. The annual budget of Municipal Council, Mandi Gobindgarh is Rs. 13.08 crores and the petitioner claims to have found that crores of rupees are going into hands of few favourites and corruption is rampant. It is then pleaded that main job of Municipal Council is to make available amenities like, water, street-light, sewerage system, roads, etc. for convenience of public. For all these things, a budget is sanctioned by the Government which is to be utilised for the public good. In the case in hand, the budget is being sanctioned and made available to the Council but unfortunately the same is going into the pockets of few favourites. Petitioner claims to have known that various modus-operandi are being adopted by concerned officials and the President to unduly enrich themselves. They are inviting tenders for a road which is to be 4" thick, meaning thereby that m