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2024 Supreme(Online)(CG) 6140
HIGH COURT OF CHHATTISGARH
Ramesh Sinha, CJ, Sachin Singh Rajput, J
Suo Moto Public Interest Litigation Regarding Cattle – Appellant
Versus
State of Chhattisgarh Through Chief Secretary, Department of Energy – Respondent
WPPIL No. 28 of 2024
Advocates:
For the Appellants/Petitioners:
For the Respondents: Mr. Sangharsh Pandey, Mr. Prafull N. Bharat, Mr. Mayank Chandrakar
For the Appellants/Petitioners:
For the Respondents: Mr. Sangharsh Pandey, Mr. Prafull N. Bharat, Mr. Mayank Chandrakar
Public interest litigation emphasizes governmental accountability in public services and the necessity of immediate corrective actions to address negligence.
Headnote:(A) Public Interest Litigation - Suo Moto action taken on published news regarding cattle electrocution and corruption involving Electricity Department - Court sought affidavits from engineering personnel following complaints of negligence and extortion; Engagement of unlawful gratification addressed. (Paras 1-3)
(B) Court’s directive on departmental accountability - Issues arose regarding alleged illegal collection during transformer replacement and death of cattle due to fallen electric wires - Respondents claimed compliance with regulations; Apologies offered for procedural lapses. (Paras 1-3)
Facts of the case:
The court initiated proceedings following alarming reports of corruption concerning service by electricity personnel and the death of livestock due to fallen power lines, affecting local communities.
Findings of Court:
Respondent assertions highlighted adherence to legal standards and attempts to rectify grievances via compensation payments.
Issues: Allegations of corruption and inadequate maintenance of infrastructure by electricity providers were central.
Ratio Decidendi: The court emphasized the importance of prompt action in public service and accountability in light of the reports.
Result: The court disposed of the Public Interest Litigation.
| Table of Content |
|---|
| 1. court's engagement with public interest and accountability. (Para 1) |
| 2. impact of electricity infrastructure failures on communities. (Para 2) |
| 3. defensive arguments by the respondents and their claims of compliance. (Para 3) |
| 4. the necessity for prompt action to address public grievances. (Para 4) |
on Board Per Ramesh Sinha, Chief Justice 15 .04.2024
1. Heard Mr. Prafull Bharat, learned Senior Advocate assisted by Mr. Mayank Chandarkar, learned counsel appearing for respondents No.2 to 4 and 7 to 14 and Mr. Sangharsh Pandey, learned Government Advocate, appearing for respondents No.1, 5 and 6/State.
2. The present Public Interest Litigation has been taken suo moto cognizance by this Court through a news items under the heading “48 iaMks vkfnokfl;ksa ls yh ykbueSu us 14 gtkj ?kwl” and “11 gtkj dsoh rkj dh pisV esa vkdj pkj eosf’k;ksa dh ekSr” published in Navbharat Newspaper dated 11th April, 2024 and the said PIL was taken up for hearing on 12.04.2024, on which date the following order was passed:
- “The present Public Interest Litigation has been taken suo moto cognizance by this Court through a news item published in Navbharat Newspaper dated 11th April, 2024. The news item is as follows:-
- “48 iaMks vkfnokfl;ksa ls yh ykbueSu us 14 gtkj ?kwl ”
- “11 gtkj dsoh rkj dh pisV esa vkdj pkj eosf’k;ksa dh ekSr ”
- It has been published in Navbharat newspaper that in village Mahadevpur of Ramchandrapur Block of the District, in the name of replacement of transformer, the lineman extorted Rs.14400/- from 48 tribe Pando. Rs.300/- was taken from each tribe Pando. When the matter came to the knowledge of the Junior Engineer, CSPDCL, both the lineman of the Electricity Company namely Parmeshwar and Anil Yadav returned all the money, but no departmental action was taken against them. About 45 km. Away from Ramchandrapur headquarter, 320 families of Pando tribe live in Parkhutra locality of village Mahadevpur. The villagers in this locality were living in darkness for last 20 days due to burning of transformer.
- Another news has been published that four cattle died due to falling of 11000 KV wire in Gram Panchayat Loharsi of the area. It is being told that a wire had already fallen in Basu’s field in Kanhar Khar, Loharsi, on which the cattle had gone to graze on Wednesday morning when four cattle died after coming in contact with wire. Farmers are angry over the death of cattle. He says that not one or two, but five accidents have happened here, yet the Electricity Department is sleeping in Kumbhkarni sleep and even before this, five cattle had died due to the same 11000 KV wire.
- Due to the breakage of the wire, the standing paddy had caught fire and after that the farmer got a shock on this wire and he was saved with great difficulty. After that, a farmer died due to fall of this wire. Even after this, the Electricity Department is not taking any notice. The Junior Engineer the Electricity Department said that 11000 KV wire to which it was lied suddenly broke and came down.
- Heard Mr.Prafull Bharat, learned Senior Advocate assisted by Mr.Mayank Chandarkar, learned counsel appearing for respondents No.2 to 4 and 7 to 14 and Mr.Y.S.Thakur, learned Additional Advocate appearing for respondents No.1, 5 and 6/State. Mr.Prakash Kumar Agrawal, Executive Engineer, CSPDCL, Balrampur and Mr.Rajesh Kumar Chauhan, Executive Engineer, CSPDCL, Bilaspur are present in person.
- Learned Senior Advocate prays for and is allowed two days’ time to get the necessary affidavit filed.
- Mr.Prakash Kumar Agrawal, Executive Engineer, CSPDCL, Balrampur and Mr.Rajesh Kumar Chauhan, Executive Engineer, CSPDCL, Bilaspur are directed to file their personal affidavits with regard to news item published in Navbharat dated 11th April, 2024.
- List this matter on 15.04.2024.”
3. In compliance of the order passed by this Court on 12.04.2024, two separate reply and affidavits have been filed on behalf of the respondent Nos. 2 to 4 & 7 to 14 for
