Jojo Jose vs Union of India - 2022 Supreme(Sikk) 2

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Sikk) 2

BISWANATH SOMADDER, MEENAKSHI MADAN RAI
Jojo Jose – Appellant
Versus
Union of India – Respondent

Advocates appeared:
Mr. Sangay Bhutia, Advocate, for the Petitioner; Ms. Sangita Pradhan, Asst. Solicitor General of India, for the Respondent Nos. 1, 10, 11 and 12; Mr. Sudesh Joshi, Addl. Advocate General, Mr. Thinlay Dorjee Bhutia, Govt. Advocate, Mr. Yadev Sharma, Govt. Advocate, Mr. Sujan Sunwar, Asst. Govt. Advocate, for the Respondent No.2; Mr. J.K. Chandak, Advocate, for the Respondent No. 3; Ms. Ranjeeta Kumari, Advocate, for the Respondent No. 4; Ms. Sunita Chettri, Advocate, for the Respondent No. 5; Mr. Hissey Gyaltsen, Asst. Govt. Advocate, for the Respondent No. 7; Mr. Ugang Lepcha, Advocate, for the Respondent No. 8; None, for the Respondent Nos. 6 & 9

Table of Content
1. issue of revenue loss raised (Para 1 , 2)
2. audit findings highlight operational lapses (Para 4)
3. judicial scrutiny period defined; no revenue loss confirmed (Para 5)
4. writ petition dismissed (Para 6 , 7)

JUDGMENT

Biswanath Somadder, CJ. - In our order dated 24th March, 2022, we had raised a specific issue as to whether the State of Sikkim suffered any loss of revenue in the backdrop of an invoice/bill dated 26th June, 2017, which was sought to be highlighted by the learned advocate representing the writ petitioner. We also kept the point of maintainability of the writ petition open in our said order dated 24th March, 2022.

2. Today, when the matter is taken up for consideration, the learned Additional Advocate General draws our attention to a report in the form of an affidavit affirmed on 08th April, 2022, by the Director, Directorate of Sikkim State Lotteries, Finance Department, Government of Sikkim, who has been duly authorised by the respondent no. 2 to file the same.

3 A bare perusal of the said report in the form of an affidavit reveals inter alia that there is no loss to the State exchequer - or, in other words - the State of Sikkim did not suffer any loss

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