Jharkhand High Court
M/S Anshul Agro Chemicals vs The State Of Jharkhand & Ors on 21 December, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
[Civil Writ Jurisdiction]
W. P. (C) No. 7343 of 2016
M/s Anshul Agro Chemicals .... .. ... Petitioner(s)
Versus
The State of Jharkhand & Ors. .. ... ... Respondent(s)
...........
CORAM :HON'BLE MR. JUSTICE KAILASH PRASAD DEO
.........
For the Petitioner(s) : Mr. Saurabh Shekhar, Advocate.
For the Resp./State : Mr. Rohit, AC to AAG-I
..........
11 / 21.12.2021. Heard, learned counsel for the parties.
Mr. Saurabh Shekhar, learned counsel for the petitioner has submitted, that the
petitioner has preferred the instant Writ Petition for quashing the decision of the
respondent authorities as contained in departmental order bearing Memo No.3114
dated 10.11.2014, whereby it has been decided that the balance amount of
Rs.7,00,000/- shall not be paid to the petitioner firm, due on account of supply of
Micro-nutrient fertilizer made by the petitioner in the financial year 2007-08.
Mr. Saurabh Shekhar, learned counsel for the petitioner has further submitted
that M/s Anshul Agro Chemicals (petitioner) has supplied Bio-Fertilizer to the
Agriculture and Sugar Cane Development Department in the year 2009 and the
supply has been admitted by the Department and pursuant thereto, out of Rs.45 Lacs,
petitioner/company has been paid Rs.38 Lacs by the Department. Thereafter an
preliminary inquiry was initiated by the Vigilance Department and after submission
of the report, Vigilance P.S. Case No.12/13 dated 04.05.2013 has been instituted, but
till date, petitioner/company has not been made accused though petitioner/company
has co-operated during the investigation of the case, as such, order may be passed for
payment of the dues to the petitioner/company.
Mr. Rohit, learned AC to AAG-I appearing for the State has submitted that
vide order dated 12.09.2011, the Co-ordinate Bench of this Court passed in W.P. [C]
No.3829 of 2009 with W.P. [C] no.6447 of 2009 had given opportunity to the Sugar
Cane Development Department, Government of Jharkhand, Ranchi to pass an order
in respect of the petitioner/company after taking into consideration, the ground taken
by the petitioner in its show cause and also the report submitted by the Director,
Agriculture and Sugarcane Department, Government of Jharkhand, Ranchi as the
Vigilance has proceeded with the inquiry. The petitioner thereafter preferred Cont.
Case (Civil) No.510 of 2013 in which the contempt proceeding was dropped on
13.05.2016.
Mr. Rohit, learned AC to AAG-I appearing for the State has further submitted
that he has received instruction, that till date the investigation in Vigilance P.S. Case
No.12/13 has not been concluded by submitting the final form, as such, allegation
with regard to non-supply of Bio-Fertilizer or the quality of Bio-Fertilizer being not
up to the mark, have not been ascertained, as such, in such disputed fact, it is very
difficult for the Department to pass any order with regard to payment till
investigation is concluded, as the allegation is that District Agriculture Officers have
issued forged receipt with regard to supply.
Mr. Rohit, learned AC to AAG-I appearing for the State has further submitted
that under such disputed questions of fact when money suit can only be filed within 3
years, the relief cannot be granted in such disputed facts under Article 226 of the
Constitution of India.
After hearing learned counsel for the parties and perusing the impugned order
as contained in Memo No.3114 dated 10.11.2014 passed by the Principal
Secretary/Secretary, Sugar Cane Development Department, Government of
Jharkhand, Ranchi, it appears that Principal Secretary/Secretary has taken note of the
fact that M/s Anshul Agro Chemicals (petitioner) has supplied Bio-Fertilizer in all the
24 districts of the State of Jharkhand in the Financial Year 2009-10. There was a
specific supply order issued by the Director of Agriculture, as contained in Letter
No.2521 dated 26.11.2008 wherein it has been mentioned that quality of Bio-
Fertilizer will be as per the Fertilizer Quality Control Order, 1985 and amended in
the year 2006. If the quality is found to be inferior to that, the legal action will be
taken against the person and the payment shall not be made.
The respondent-authorities have already paid Rs.38,29,000/- out of bill of
Rs.45,73,300/-. However, the petitioner/company has not followed the Fertilizer
Central Order 1985, by sending samples of fertilizer for quality check and Dr. B. B.
Mishra, Head of Department, Department of Soil, Birsa Agriculture University,
Kanke, Ranchi, has submitted in his report that there was no arrangement for sending
the sample to National or Regional recognized university with the firm for regular
quality check. But there are irregularities and the Government has initiated a
vigilance inquiry in the matter. Subsequent thereto FIR has been lodged before the
Vigilance as Vigilance P.S. Case No.12 of 2013, as such, this Court under Article 226
of the Constitution of India cannot decide this issue in such disputed questions of
fact.
Accordingly, the instant Writ Petition stands dismissed.
However, before parting with this order/ judgment, this Court shows
displeasure as Vigilance Department is keeping the matter pending since the year
2013.
Under the circumstances, the Director General, A.C.B., Government of
Jharkhand, Ranchi is directed to look into such matter, as vigilance cases are pending
for quite long period and take steps so as to expedite the investigation as several
cases are pending before the Vigilance Department and the Court is not in a position
to decide the issue involved in the Writ Petition(s).
Let a copy of this order be communicated through FAX to the Director
General, A.C.B., Government of Jharkhand, Ranchi for compliance and needful.
(Kailash Prasad Deo, J.)
Sandeep/
