In this habeas corpus writ petition, the petitioner sought a CBI investigation regarding alleged malpractices in road construction work in Madanpur Khadar. The High Court noted that the Vigilance Department had already conducted an inquiry and the Public Grievance Commission had closed the matter accordingly.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V. KAMESWAR RAO
O R D E R % 07.12.2018
“A. Issue an appropriate Writ, Order or Direction, for an investigation by constituting, a multidisciplinary SIT for such suitable action against the wrongdoers, responsible persons and accountable employees, or Court monitored investigation consisting of Delhi Police, headed by CBI in the matter of the work orders those are claimed to have been performed by the Respondent No. 5 under the works contracts as mentioned herein the present Petition, for respective Respondent No.2, 3
W.P.(C) 6088/2018 Page 1 of 5
and 6 to 8;so as to see the ground reality happened in the case above and to uncover the irregularities, malpractices and misuse of public money by the wrongdoers;
B. In the alternative to prayer „A‟ above, call for a time bound CBI enquiry and investigation;
C. Pass appropriate directions for the registration of the FIR against such accountable, responsible and guilty persons under appropriate provisions of Indian Penal Code; and for inter alia black listing of the contracting agency i.e. Respondent No. 5 in future contracts;
D. Issue appropriate directions in the interest of public welfare related to the present case particularly considering the worst condition of the roads as mentioned in the petition;
E. Dispense with filing of prior notice to the private Respondents.”
W.P.(C) 6088/2018 Page 2 of 5
| S.No. | Name of work | Work Order No. Date |
Date | Contract ual Amount |
Amount of Bill Passed (Gross) |
Date of Passing |
Area of Executed Work (Sqm.) |
|---|---|---|---|---|---|---|---|
| 1 | Pdg drainage system and RMC from Suhag Beauty Parlour to MCD School in Village Madanpur Khadar W.No-207 CNZ. |
258 dt. 1/12/20 14 |
1/12/2014 | 721225 | 2,36,070/- | 30/11/16 | 419.13 |
| 2 | Pdg drainage system and RMC from Charanjeet Kasyap House to Lohar Shops near Agra Canal in Village Madanpur Khadar W.No-207CNZ. |
259 dt. 1/12/20 14 |
1/12/2014 | 721035 | 5,09,521/- | 30/9/15 | 635.44 |
| 3 | Pdg drainage system and RMC in Dhiwar Basti near Agra Canal Bridge in Village Madanpur Khadar W.No-207CNZ. |
260 dt. 1/12/20 14 |
1/12/2014 | 723795 | 5,32,430/- | 30/9/15 | 665.41 |
| 4 | Pdg drainage system and RMC from Koshal Jweller shop to Shahid Jaints parlour in Village Madanpur Khadar W.No-207 CNZ. |
263 dt. 1/12/20 14 |
1/12/2014 | 719510 | 1,34,096/- | 30/11/16 | 389.26 |
| 5 | Pdg drainage system and RMC from Khacheru Chauhan house to Holi chowk in Village Madanpur Khadar W.No-207 CNZ. |
264 dt. 1/12/20 14 |
1/12/2014 | 716367 | 4,85,122/- | 30/9/15 | 613.69 |
| 6 | Pdg drainage system and RMC from Saini Watch Shop to Vishal Dental Clinic in Village Madanpur Khadar W.No-207 CNZ. |
255 dt. 1/12/20 14 |
1/12/2014 | 715991 | Not Executed |
Not Executed |
- |
| 7 | Pdg drainage system and RMC from Satyam Saree Store to Nanda House in |
256 dt. 1/12/20 14 |
1/12/2014 | 715991 | Not Executed |
Not Executed |
- |
W.P.(C) 6088/2018 Page 3 of 5
| Village Madanpur Khadar W.No-207 CNZ. |
||||||
|---|---|---|---|---|---|---|
| 8 | Pdg drainage system and RMC from Ishika Garment to S D Bidhuri house in Village Madanpur Khadar W.No-207 CNZ. |
257 dt. 1/12/20 14 |
1/12/2014 | 719510 | Not Executed |
Not Executed - |
| 9 | Pdg drainage system and RMC from Jaildar house to Narender Bidhuri House in Village Madanpur Khadar W.No-207 CNZ |
262 dt. 1/12/20 14 |
1/12/2014 | 719510 | Not Executed |
Not Executed - |
“ 4. Directions to the PGC
The Commission does not find any wrong in view of the report of the Vigilance Department. However, the complainant is not satisfied and alleged that the photographs shown does not pertain to the area / work orders mentioned in the complaint. The complainant is hereby directed to go through the copy of the status report submitted by the Vigilance Department and in
W.P.(C) 6088/2018 Page 4 of 5
case of any clarification / doubts they may approach the Addl. DOV for clarification about the enquiry / findings. DOV may please issue necessary directions to the concerned and if any request is received from the complainant the same should be considered sympathetically for clarification. The report of the AE (Building), MCD has already been submitted. The matter is closed at the level of this Commission.”
CHIEF JUSTICE
V. KAMESWAR RAO, J
DECEMBER 07, 2018 kks
W.P.(C) 6088/2018 Page
5 of 5
2 issues framed by the court
Whether the High Court is empowered to direct a CBI enquiry or appoint an independent agency under Article 226 when the Vigilance Department has already investigated the matter.
Whether the ingredients laid down by the Supreme Court for directing a CBI investigation are present in the present facts.
Kuldeep Singh
State of (NCT of) Delhi
V. Kameswar Rao
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
