The High Court of Chhattisgarh held that no public interest litigation lies in service matters involving alleged malpractice or financial irregularities by a State employee. The Court refused to direct FIR registration or recovery of funds, stating these are exclusively for State authorities.
The writ petition stands closed.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Writ Petition (PIL) No. 67 of 2019
---- Petitioner
Versus
---- Respondents
For Petitioners : Shri Yogeshwar Sharma, Advocate.
For Respondent/State : Shri Gagan Tiwari, Deputy Government Advocate.
Hon'ble Shri P.R. Ramachandra Menon, Chief Justice Hon'ble Shri Parth Prateem Sahu, Judge
Order on Board
Per P.R. Ramachandra Menon, Chief Justice
14/11/2019
1. The Petitioners have moved this Court with the following prayers:
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given in paragraph 7 to 15 of the return dated 16.10.2019. As averred in paragraph 15, the answers/clarifications given in respect of all such instances, except paragraphs 6 and 13 were considered and the Audit Committee was pleased to delete the same, as borne by Annexure R/4 dated 25.01.2012. It is further pointed out in paragraph 16 of the return, that in the course of subsequent proceedings, the audit objection in respect of paragraph 13 also came to be settled and the only outstanding instance was with reference to paragraph '6' which actually deals with the act of one A.K.Mukherjee and Dr. R.C.Shukla, the then CMHO. The Respondents point out that further steps have been taken and the above officers have been put under suspension and disciplinary action is being pursued in this regard. The above aspect is not connected with the affairs pointed out with reference to the involvement of Smt. Madhulika Singh, as specifically asserted by the Petitioners. The said officer by name Smt. Madhulika Singh is not even made a party in the writ petition.
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to make all efforts to make the department working corruption free and would adopt zero tolerance policy towards the corruption in its projects and working and if any allegation of fraud, embezzlement and corruption are substantiated then strict actions would be taken against the concerned persons/erring officials. Thus, moving the needle towards positive perceptions of government needed for longer and sustainable efforts to combat corruption."
to be considered or adjudicated by this Court. The writ petition stands closed, leaving it open for the authorities concerned to proceed with further steps in accordance with law.
Sd/Sd/( P.R. Ramachandra Menon) (Parth Prateem Sahu) CHIEF JUSTICE JUDGE
Amit
2 issues framed by the court
Whether a public interest litigation will lie in service matters regarding alleged financial irregularities.
Whether this Court can direct registration of FIR or conduct enquiry into alledged embezzlement by a State employee.
4 provisions across 1 enactments
S. Santosh Kumar
Dilip Yadav
Union of India
State of Chhattisgarh
P.R. Ramachandra Menon
Parth Prateem Sahu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
