Pankaj Kumar Yadav Vs the State of Jharkhand

IN THE HIGH COURT OF JHARKHAND AT RANCHI

(Civil Writ Jurisdiction)

W.P. (PIL) No. 418 of 2020

Pankaj Kumar Yadav, aged about 32 years, son of – Raj Kishore Pd. Yadav, Resident of – Gayatri Nagar, Sudna, Post & Police – Station Sudna, Daltonganj, District Palamau, Jharkhand.

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…. Petitioner

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Versus

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The State of Jharkhand.

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The Chief Secretary, State of Jharkhand, Project Building, P.O. & P.S. Dhurwa, District Ranchi, Jharkhand.

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The Development Commissioner, Ranchi, Project Building, P.O. & P.S. Dhurwa, District Ranchi, Jharkhand.

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The Secretary, Road Construction Department, Jharkhand, P.O. & P.S. Dhurwa, District Ranchi, Jharkhand.

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The Secretary, Rural Development Department, Jharkhand, Project Building, P.O. & P.S. Dhurwa, District Ranchi, Jharkhand.

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Birendra Ram, Chief Engineer, Special Division, Mukhya Mantri Gram Setu Yojna, Rural Development Department, Project Building, P.O. & P.S. Dhurwa, District Ranchi, Jharkhand.

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The Ras Bihari Singh, In-Charge-in-Chief, Road Construction Department, Jharkhand, Project Building, P.O. & P.S. Dhurwa, District Ranchi, Jharkhand.

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The Director General of Police, Anti-Corruption of Police, Audrey House, P.O. Ranchi University, P.S. –Gonda, District Ranchi, Jharkhand.

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The Director, Enforcement Directorate, The Director, Enforcement Directorate, 6^th floor, Lok Nayak Bhawan, P.O. & P.S. Khan Market, New Delhi.

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The Director Investigation, Income Tax Department, Central Revenue Building, 5A, Main Road, Ranchi, P.O. G.P.O., P.S. Lower Bazar, District Ranchi, Jharkhand.

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… … ... Respondents

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CORAM: HON’BLE THE ACTING CHIEF JUSTICE HON’BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

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--------For the Petitioner : None For the State : Mrs. Darshana Poddar Mishra, A.A.G.-I For Resp.No.9/ED : Mr. Prashant Vidyarthy, C.G.C. For Resp. No.10/ITD : Mr. Anurag Vijay, Advocate ---------

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Order No. 10/Dated: 18^th January 2024

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Even after the recess, no one appears for the petitioner.

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This Writ Petition (PIL) has been filed seeking the following

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directions upon the respondents:-

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a) For the direction upon the respondent no. 8, 9 & 10 to enquire and investigate the criminal acts of the respondent no. 6 & 7, who along with others, (including Rakesh Choudhary, O.S. to the Ex-Chief Minister) used to distribute the civil works in Road Construction Department, either without tender or, by restricting the other participants, by

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W.P. (PIL) No. 418 of 2020

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taking huge money, manipulating schedule of rate (SOR), in almost three departments, which is going to be enquired by respondent no. 3, but, the same looks ineffective as because some of the officers were also present while the civil work through illegal means have been distributed and that too by forging documents, setting up fake parties, identifying wrong persons in front of the authorities.

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b) For the direction upon the respondent no. 5 & 8 to submit the status report of the investigation of the criminal case relating to recovery of Rs.2.5 crores cash of Birendra Ram, Chief Engineer from the residence of Suresh Prasad Verma, Anand Vihar Colony, Near NH-33 Mango, Jamshedpur, on 15.11.19, who runs similar tender racket in the Department, where Neel Kanth Singh Munda was Cabinet Minister, and due to their illegal & criminal acts, the Bansloi Bridge, situated in Pakur District has collapsed within few months of its construction and enquiry ordered has been suppressed.

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c) For the direction upon the respondent no. 2 & 3 to submit the status report of the enquiry report as ordered by the govt. vide notification no. 266(S) dated 25.02.2020.

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d) For the direction upon the respondents especially respondent no. 9 and 10 to investigate the properties of these engineers namely Ras Bihari Singh & Birendra Ram and others, who have committed similar crime & amassed wealth, as is evident from the fact that 2.46 crores has been recovered from the close one’s of respondent no.6.

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e) For the direction upon the respondents especially respondent no.2 to remove the officers of the Road Construction Department who are still holding the key positions.

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Mr. Jitendra S. Singh, the learned counsel for respondent No.6 has opposed the prayers made in this writ petition on the ground that once a criminal case has been lodged and the matter is now before the competent court, this Court shall not entertain a petition of this nature.

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By an order dated 15^th March 2023, the Enforcement Directorate which is the respondent no.9 was directed to file a status report.

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Mr. Prashant Vidyarthi, the learned counsel for the respondent no.9 has apprised this Court that status report has already been filed in the present proceeding.

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Mrs. Darshana Poddar Mishra, the learned Addl. A.G.-I submits that an affidavit in response to the plea made in the present writ petition has been filed by the State of Jharkhand.

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It is stated at the Bar that a criminal case has been registered vide ACB (Jsr) No.13 of 2019 on 13^th November 2019 and a charge-sheet has been laid in the case vide Charge Sheet No.1 of 2022 dated 11^th January 2022.

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W.P. (PIL) No. 418 of 2020

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It is further stated that the Anti Corruption Bureau has filed an application under Section 173(8) of the Code of Criminal Procedure seeking further investigation as regards certain offences committed by the accused persons.

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Having regard to the affidavits filed by the State of Jharkhand and the Enforcement Directorate, the present writ petition is dismissed.

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(Shree Chandrashekhar, A.C.J.)

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(Anubha Rawat Choudhary, J.)

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Manoj/-

Pankaj Kumar Yadav v. the State of Jharkhand

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Pankaj Kumar Yadav v. the State of Jharkhand

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