JUDGMENT
B.C. Patel, C.J.
1. This petition is filed, inter alia, praying for an order directing an independent investigation by an agency like the Central Bureau of Investigation into the financial irregularities in grant of contracts related to the Great Arc celebration and other irregularities, financial or otherwise, and to direct respondent No.1 to take appropriate departmental, civil and/or criminal action, against the erring officials of Respondent No.1 & 2, if the allegations against them stand corroborated after such investigation.
2. In a public interest litigation, the Court has to be satisfied that a prima facie case is made out. In the instant case the Comptroller & Auditor General has to make the Audit Report, after considering the explanation that may be rendered by the person/authority against whom queries are raised. The petitioner must have personal knowledge about the matter in question. He must have some evidence with him to indicate that the alleged wrong-doer has committed a crime or other illegality. These are fundamental aspects. Merely by relying on some report, which is not yet final, it cannot be said that some persons have acted in contravention of law or have committed a crime and, therefore, action be taken against them.
3. The Respondent No.1 is the Union of India, through Secretary, Department of Science & Technology. The Respondent No.2 is the Survey of India through Surveyor General of India, Dehra Dun. The Respondent No.3 is Comptroller & Auditor General of India, who is a constitutional functionary under Chapter V of Part V of the Constitution of India. Article 148 refers to the Comptroller & Auditor General of India. His duties are prescribed under Article 149 of the Constitution of India and the audit reports are indicated in Article 151 of the Constitution of India. These audit reports are to be submitted to the President of India, who shall cause them to be laid before the each House of the Parliament and if the report is with regard to the State, then the same shall be submitted to the Governor of the State, who shall cause them to be laid before the Legislature of the State. Then, on the report, it is for the House to take a decision as to what action is required to be taken or what directions are required to be given.
4. In the instant case wild allegations are made alleging gross financial irregularities to the tune of Rs. 23 Crores in Bicentennial Celebration of the Great Arc by sanctioning and awarding contracts without bidding to certain favored contractors without the sanction of the competent authority and without obtaining the concurrence of the Department of Science and Technology. There is also an allegation that there is financial impropriety by deliberately and systematically diverting a substantial part of government receipts by respondent No.2 to bank accounts outside Government accounting so that no permission to spend that money is required to be obtained from the competent authority and to prevent scrutiny by the relevant audit authorities. There is also an allegation of huge expenditure of Rs. 5 Crores on celebrations. It is indicated that no comprehensive sanction of the competent authority was taken for the activity as a whole and expenditure sanctioned by the Parliament for regular activities of the Department have been arbitrarily diverted to an ad-hoc activity of such nature.
5. Suffice it to say that the Comptroller & Auditor General of India had an occasion to examine the accounts and in this behalf reliance is placed by the petitioner on Annexure P1. According to the petitioner, in view of this report, it is very clear that there are financial irregularities in various ways and they are required to be inquired into.
6. In the matter of accounting, whether the amount has been utilised or spent properly or not, the Comptroller & Auditor General of India is required to submit a report. Before submitting a report he is required to procure certain responses or elicit clarifications from the departments of the Government and for that purpose he has to prepare audit paragraphs which are to be forwarded to the concerned departments for their information or response. It is thereafter that the Comptroller & Auditor General of India will prepare the final report, which is known as audit report, as indicated in Article 151 of the Constitution of India.
7. It is not disputed before us that after the audit paragraphs were sent, respondent No.1 was asked to explain by the Comptroller & Auditor General of India. A grievance is made by the petitioner that there is delay on the part of respondent No.1 in replying to the queries. It is expected of the Government departments to function quickly and reply as early as possible. They should see that there should be no wastage of time. Before the Court, the audit paragraphs which have been relied upon pertain to the accounting year 2002-03. If the replies are not given in time, then there would be delay in submitting the report. It is under these circumstances, it is expected that every department should expeditiously reply to the queries put forth by the Comptroller & Auditor General of India to enable him to complete audit report and it is only on the basis of that report that one can say that irregularities or illegalities are committed or not. If there is an explanation to the satisfaction of the Comptroller & Auditor General of India, it is for him to take that into consideration and submit an audit report. At this juncture, this Court would not like to interfere in this matter.
8. It may be noted that earlier a writ petition was filed in the High Court of Uttaranchal, being P.I.L Writ Petition Misc. Bench No. 717 of 2004 on the same subject matter. However, it was filed by one Mr. V.K. Ohri, a practicing lawyer and a member of the People’s Union for Civil Liberties, an executive member of the Manav Adhikar Suraksha Samiti and a trustee of Kalchakra Samachar Trust. That petition was allowed to be withdrawn with liberty to file fresh petition with proper properties. It is not known to us whether a fresh petition has been filed or not.
9. Suffice it to say that for the reasons stated hereinabove, we would not like to entertain this petition at this stage and the same is rejected.