High Court Of Madhya Pradesh
C. P. SEN, Y. B. SURYAVANSHI
P.N.DUBEY - Appellant
Versus
UNION OF INDIA - Respondents
MISC. PETN. 248 Of 1988
Decided On : 11/17/1988
(2) Constitution of India-Arts. 226 and 227-public interest litigation -free flow should be restricted-Courts cannot be supposed to perform administrative and executive functions. AIR 1987 SC 1109 followed. [Para 6]
(3) Evidence Act, 1872-Ss. 78 (2) and 81-reporfs in newspapers-no presumption of genuineness can be attached- it is merely hearsay thus inadmissible. AIR 1988 SC 1274 followed. [Para 7]
(4) Evidence Act, 1872-S. 60-production of direct evidence not possible-matter may be decided on probabilities and inferences. AIR 1964 SC 962 followed. [Para 7]
(5) Evidence Act, 1872-S. 114-happening of things never anticipated before-glaring instances of misuse of powers by many in authority-this is a phenomenon which, he Courts are bound to take notice. AIR 1987 SC 294 followed. [Para 7]
(6) Constitution of India-Arts. 226 and 227 - public interest litigation -alternative remedy available-case needs investigation of facts- writ not maintainable. AIR 1987 SC 2060 distinguished. [Para 10]
(7) Constitution of India-Arts. 101 (4), 102, 103 and 226-matters relating to membership of Rajya Sabha-are dealt with under Arts. 101 (4), 102 and 103-such matter cannot be decided in writ jurisdiction. [Para 10]
( 1 ) THIS is a public interest litigation seeking action against the respondent 4 for various alleged acts of omissions, commissions and also misdeeds of corruption while he was acting as a public servant and also to disqualify him as a member of the Rajya Sabha.
( 2 ) THE petitioner is a practising lawyer in the Madhya Pradesh High Court at Jabalpur. He claims that he has no political leaning but he ardently believes in condemnation of nepotism, corruption, profiteering, exploitation of helpless citizens and misuse of public money. According to him, of late there has been marked fall in moral values, increase in corruption and misuse of power by the public servants and politicians. The respondent 4 Shri Ajit Jogi was an I. A. S. Officer and has served as Collector, Sidhi, in the year 1977-78 and he came in contact with Shri Arjun Singh who later became the Chief Minister of the State. Shri Jogi helped in matters of loan recoveries and tax collections. Thereafter, he was posted as Collector, Raipur, where he was involved in rupees one crore scandal in Kodar Dam Land Compensation Case as mentioned in article in the weekly 'current' dt. 2-1-1988 under the caption "jogi let off the hook". The State instead of prosecuting him prosecuted certain officers in the lower rank in Special Criminal Case Nos. 29 to 42 of 1987 under Prevention of Corruption Act which are pending before Special Judge, Raipur. Therefore, the original records of the criminal cases be requisitioned and necessary action be taken. Thereafter the respondent 4 got coveted posting as Collector, Indore, and he was involved in Palm Oil Scandalwhere lacs and lacs of public money had been diverted to his personal benefit. The respondent 4 has acquired assets disproportionate to his known sources of income and of his wife Smt. Renu Jogi. The Economic Offence wing of the Special Police Establishment in the State launched an investigation against the respondent 4 under Prevention of Corruption Act but the responsible police officers are hesitating for taking action against him. This finds support from news item published in Dainik Bhaskar dt. 16-1-1987 mentioning that 45 I. A. S. Officers of the State have become Karodpatis. One Virendra Pandit, a journalist with U. N. I. at Bhopal unearthed the facts about Palm Oil Scandal which he wrote in the Free Press Journal. Shri Jogi became a favourite of Shri Arjun Singh who secured for him Rajya Sabha ticket of the ruling party and subsequently got him elected. The irregularities of misappropriation and wastage of public money cannot be curbed unless a very deterrent action is taken against the respondent 4. The Court should, therefore, summon the complete records of the scandals and direct the State and the Union of India to conduct high level enquiry of the whole affair and bring the culprit to book. Despite criminal lapses on the part of respondent No. 4, he wilfully resigned and got himself elected to Rajya Sabha. In fact, the acceptance of his resignation was illegal in view of pendency of criminal cases against him. The petitioner has no personal ill-will or malice against any one but wants clean administration and eradication of corruption and misuse of powers by the authorities. The petitioner, therefore, prays; (i) that the investigation in Palm Oil Scandal case be completed and challan be filed under S. 5 (1) (e) and 5 (2) of the Prevention of Corruption Act in the Court against the respondent 4; (ii) on perusal of the records of special criminal cases pending in the Court of Special Judge, Raipur, challan be directed to be filed against the respondent 4; (iii) acceptance of resignation of respondent No. 4 be quashed as illegal and (iv) the respondents 5 and 6 viz. Chairman, Rajya Sabha and the Ministry of Parliamentary Affairs, be directed to dismember the respondent 4 from being member of the Rajya Sabha. The petition is supported by affidavit of the petitioner disclosing derivation of information from
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REFERRED TO : Shivajirao Nilangekar v. Mahesh Madhav Gosavi
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