Order on Board

Per Ramesh Sinha, Chief Justice

17/07/2023

1. By this petition, the petitioner seeks for the following reliefs:

“10.1. That this Hon’ble Court may kindly be pleased to direct the respondent authorities to call the entire records pertaining to this case.

10.2. That the Hon’ble Court may kindly be pleased to issue writ in the nature of certiorari, prohibition and mandamus, thereby to direct the respondent authorities to conduct detail enquiry into the financial irregularities committee by respondent No. 8 meeting of minds with respondent Nos. 6 and 7, by leading independent agency CVC, CBI or by any independent agency and further to direct them to take stern legal action against respondent Nos. 6 to 8 as well as against those culprit who are involved in this case.

10.3. Hon’ble Court may kindly further be pleased to direct the respondent authorities to decide complaint dated 07.02.2020 and representation dated 28.05.2020 made by the petitioner strictly in accordance with law.

10.4. Hon’ble Court may further kindly be pleased to direct the respondent authorities to black list and debar the respondent No. 8 from participating in any tender of SECL and further to pass any other order which deems fit including cost of the petition in the interest of justice.”

2. Heard Mr. Jaiprakash Shukla, learned counsel for the petitioner as well as Mr. Gagan Tiwari, learned Deputy Advocate General appearing for the State/respondents No. 1 to 4.

3. Subject matter, in brief, is that the petitioner claims to be a social worker, RTI activist and leader of labour union. He raises voice for underprivileged, deprived people, backward and tribal community and laborer time to time from diverse platforms who has been applauded by multiple class of society. On 15.06.2019, a work order was issued by respondent No. 7, who was acting as in-charge General Manager (Oprn.) for the work of refilling, reconditioning and maintenance of various types of fire extinguishers with hydraulic testing for Chirmiri OCM in favour of respondent No. 8, M/s. Royal Construction and looking to the important work, huge amount of money was spent by SECL to prevent fire incident and even if it took place, its impact can be mitigated. The said work order was issued in accordance with the safety and required standard that necessarily ought to have been complied with by respondent No. 8 but in utter violation of the norms and standard set forth by the SECL, deliberately at the behest of respondents No. 6 and 7, the material less in quantity with sub-standard quality was installed by the respondent No. 8. When this incident of compromise with safety and substandard supply of materials came to the knowledge of the labour union, a complaint was made which was enquired internally by the Safety Committee of the SECL which found major deficiencies in the installation work of fire extinguishers. Even after finding the complaint to be true, the respondent No. 8 was given a clean chit and his entire payments were made.

4. Mr. Shukla, learned counsel for the petitioner submits that the above said incident of comprise with safety and substandard supply of material came into knowledge of the leader of the labour union who complained in the matter vide memo dated 24.04.2020 and requested to conduct enquiry on aforesaid matter. He also submits that on his complaint dated 24.04.2020 Safety Committee of the Mines had enquired the matter and gave its finding that test certificate for mono ammonium phosphate (90 percentage) is not provided by respondent No. 8, Hydraulic testing not done, metal cap not provided, instruction level not pasted at any cylinder, test certificate for sodium bicarbonate is not provided as per work order. He further submits that the Safety Committee had enquired the matter in accordance with law and observed the above discrepancy and non-compliance of stipulated work order but inspite of that, full payment has been made to the respondent No. 8 and huge financial irregular