IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P (PIL) No. 1530 of 2009
Yuva Shakti Manch, Bokaro..... ... ... .... Petitioner
Versus
The State of Jharkhand & Ors. .... ...... Respondents
CORAM: HON'BLE MR. JUSTICE PRAKASH TATIA
HON'BLE MR. JUSTICE R.K. MERATHIA
For the Petitioner: M/s Ajit Kumar
For the Respondents: Mr. D.K. Dubey, G.P. I
th
Dated 09 May, 2011
24/ This Public Interest Litigation is going on since 2009.
Several orders have been passed by this Court taking serious
view and on 9th October, 2009 this Court directed the Director
General of Police (Vigilance) to make a thorough enquiry and
submit report regarding misappropriation of public fund which
was meant for construction of schools. Again on 5th October,
2010 when the matter was taken up, this Court issued notice of
contempt to the Director General of Police (Vigilance) as to why
he should be not punished for non compliance of the order
dated 9th October, 2009. The D.G.P. (vigilance) was directed to
appear before this Court on 6.10.2010 and on 6.10.2010 the
D.G.P. (Vigilance) was not in a position to answer any inquiry of
the Court and the matter was adjourned and on 24th November,
2010 it was observed that this time should be utilized by the
State for putting its house in order and discharging its
obligation. Then on 8th December, 2010 order was passed to file
fresh progress report, after taking note of the fact that the F.I.R
has already been lodged in the matter of misappropriation of
public fund that too with respect to construction of schools
under Sarva Siksha Abhiyan. And on 17th January, 2011 it was
reported that only seven out of thirty two accused persons have
been arrested and it was specifically observed that in case
remaining accused persons will not be arrested, the Investigating
Officer will have to face the consequences. Then again on 25th
January, 2011, this Court observed that substantially, there is no
progress and on 17th February, 2011 again it was observed that
the Investigating Officer has so far not shown result
notwithstanding the earlier order passed by this Court. On 8th
March, 2011, it was informed that one of the officers has been
arrested and rests were not arrested. On 26th April, 2011, this
Court constrained to direct the Director General of Police,
Jharkhand to handover the investigation about the conduct of
the Investigating Officer of this case to a senior responsible
officer of the State to see as to why and how and under what
circumstances the Investigating Officer, investigating this case,
has not been able to arrest the remaining 13 accused persons
and also directed to submit a report in this regard.
Today, a report has been submitted by the respondent
State. Annexure1 of the said report submitted by the Additional
Director General of Police, Criminal Investigating Department,
Jharkhand, wherein, after narrating the facts with respect to
chargesheet submitted, it has been stated about the efforts
which have been made for arresting the remaining accused
persons and it has been stated that process under Section 82 and
83 Cr.P.C were also initiated against one of the accused namely,
Archana Kumari and a schedule has been annexed to show that
even public notice were issued for the named accused persons
who are accused in the criminal case under Sections
403/406/409/120
B/467/468/471 /201/109 of the Indian Penal
Code.
It appears that the report has been submitted only to
justify the action of the Investigating Officer who could not
arrest the 13 accused persons who were said to be the
Government Servants at a particular point of time.
According to the learned counsel for the respondents, out
of 13 accused, services of nine persons have been terminated,
who were working on contract basis. However, four accused
persons are in service but they are not traceable.
From the facts referred above, it is apparent that the State
is yet helpless in arresting the accused persons in spite of the fact
that it was the matter relating tot he construction of building
under Sarva Siksha Abhiyan and there is clear case of
embezzlement of huge fund in this project, who have not spared
even the children of the State of Jharkhand.
In view of the above reasons, let a copy of this order be
sent to the Chief Secretary, Government of Jharkhand as well as
the Home Secretary, Government of Jharkhand so that they look
into the affairs which is going on in the State of Jharkhand and
find out as to why these persons, who are not the hardened
criminals, could not be arrested by the police authorities,
ignoring the serious view taken by this Court on several
occasions. We cannot appreciate the reports submitted by the
officers who investigated about the conduct of the Investigating
Officers. The State may file a progress report by 7th June, 2011.
Put up this Case on 7th June, 2011.
(Prakash Tatia, J)
(R.K. Merathia, J)
Alankar/