In a PIL alleging embezzlement of paddy worth Rs.100 crores, the Acting Chief Justice held that the Court cannot order a roving enquiry based on bare allegations. The petition was dismissed for lack of named accused persons.
The Government's plea of dismissal was accepted, and the PIL was dismissed.
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.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Writ Petition No.19199of2014(O&M)
DATE OF DECISION: 16.09.2014
Tarsem Jindal …..Petitioner
versus
State of Punjab and others .....Respondents
CORAM:- HON'BLE MR.JUSTICE ASHUTOSH MOHUNTA, ACTING CHIEF JUSTICE
HON’BLE MR. JUSTICE HARINDER SINGH SIDHU
Present: Mr. H.C. Arora, Advocate for the petitioner
ASHUTOSH MOHUNTA, ACTING CHIEF JUSTICE (Oral):
The petitioner has filed this public interest
litigation wherein it has been averred that respondent No.5 in
connivance with other officials of the Food & Supplies Department
has embezzled and misappropriated paddy worth Rs.100 crores at
Barnala Centre of food, Civil Supplies and Consumer Affairs
Department and, therefore, an enquiry be got conducted into the
matter.
No names of the persons, who are alleged to have
connived with respondent No.5 in misappropriating the paddy, have
been disclosed in the writ petition. This Court cannot order a
roving enquiry into the mere bald allegations levelled by the
petitioner.
Dismissed.
( ASHUTOSH MOHUNTA ) ACTING CHIEF JUSTICE
16.09.2014 (HARINDER SINGH SIDHU)
parkash*JUDGE
PARKASH CHAND 2014.09.16 14:53 I attest to the accuracy and authenticity of this document
2 issues framed by the court
Whether the Court can order a roving enquiry on the basis of bald allegations of embezzlement without naming accused persons.
Whether the lack of specific details regarding conniving officials warrants dismissal of the PIL.
Tarsem Jindal
State of Punjab
Ashutosh Mohanta
Harinder Singh Sidhu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court