2024 Supreme(Online)(MP) 7932
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
&
HON'BLE SHRI JUSTICE DUPPALA VENKATA RAMANA
ON THE 1st OF AUGUST, 2024
WRIT PETITION No. 18502 of 2024
MANOJ SINGH KUSHWAH
Versus
GOVERNMENT OF INDIA AND OTHERS
Appearance:
Shri Amit Raj, counsel for the petitioner.
Shri Bhuwan Gautam, Government Advocate for the respondent/State.
Amit Raj,
ORDER
Per: Justice Sushrut Arvind Dharmadhikari Heard on the question of admission.
The instant writ petition has been filed under Article 226 of the Constitution of India in the nature of Public Interest Litigation (PIL) seeking the following reliefs:
- ''(a) Immediate initiation of an independent inquiry into the causes of delay in the completion of the construction project and identification of the officers responsible for the lapse.
- (b) Immediate initiation of a comprehensive and impartial investigation into the alleged misuse of the public funds by government officers within Archeological Department. This investigation must be conducted by an independent body to ensure transparency and accountability.
- (c) Preservation of all relevant documents, records, and evidence pertaining to the allocation and expenditure of public funds for the project.
- (d) Imposition of appropriate disciplinary measures against the erring officers found culpable of negligence of misconduct in their duties, including but not limited to suspension, termination, and initiation of legal proceedings as per applicable laws and regulations.
- (e) Adoption of corrective measures and oversight mechanisms to prevent recurrence of such delays and mismanagement in future construction projects and or misuse of public funds in government department/agency.
- (f) Transparent dissemination of information regarding the progress of the construction project and the actions taken in response to the delay, ensuring accountability and public trust in government affairs.
- (g) Proper action of blacklisting will be initiated against the contractor (Sudharshan Engineering Works) and the present work order issued in his favour be quashed and amount be recovered accordingly.
- (h) Allow my client to visit the site with immediate effect.'' 2 . Petitioner is a Journalist by profession, citizen of Indore and a social worker who is working for the welfare of the society for the last few years. The case of the petitioner is that a notice inviting tender was issued by the Archaeology, Archives and Museum Department, Indore for conservation and development of Lalbagh Palace Indore. The amount of bid was Rs. 10,03,50,545/-. As the respondent No. 6 was found successful, tender was allotted and contract was signed between the parties. The period specified for completion of the work was 24 months excluding rainy season. The said contract also provided for penalty in case of failure in completion of work within the said period. The construction project undertaken by the contractor has experience significant delay resulting in substantial financial implications for the government causing inconvenience to the public and wasting of public money. Despite there being specific provision of penalty in the contract agreement as well as in the work allotment letter, the government officials in collusion with the contractor has increased the time duration without specifying the responsibilities and without imposing any penalty on the contract. Petitioner gathered the aforesaid information under the RTI Act and issued legal notice to the competent authorities seeking appropriate action, but nothing has been done in the matter. Hence, this petition.
3. On the other hand, learned counsel for the respondents/State opposed the prayer and submitted that the petitioner has not given his complete antecedents and has also not disclosed as to what public interest work he has performed for the Society. Learned counsel for the respondents has brought to the notice of this Court the judgment of the Coordinate Bench of this Court in the case of Surendra Pratap Singh Vs. State of M.P. and Others[2019 (1) M.P.L.J. 75] to contend that the petitioner has failed to produce on record to satisfaction of the Court such social work in last couple of years in the area in respect of which Public Interest Litigation is involved.
Merely spending money like lawyer's fees from their own pocket does not satisfy test of l