Patna High Court
Rabindra Singh vs The State Of Bihar And Ors on 4 August, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13675 of 2017
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Rabindra Singh, S/o Late Rajendra Singh, Resident of Village-Pahsara, P.S.
Naokothi, District-Begusarai
... ... Petitioner
Versus
1. The State of Bihar through the Principal Secretary, Department of Food and
Civil Supplies, Government of Bihar, Patna.
2. The Managing Director, State Food Corporation, Govt. of Bihar, Patna.
3. The District Manager, State Food Corporation, Begusarai, State of Bihar,
Patna.
4. The Director, Vigilance, Suchana Bhawan, New Secretariat, Patna.
5. The District Magistrate, Begusarai
6. Ram Gulzar Mahto, S/o Late Rameshwar Mahto, Resident of Village-Tara
(Gram Panchayat-Fafaub), Ward No. 10, P.S. Khodawandpur, District
Begusarai.
... ... Respondents
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Appearance :
For the Petitioner : Mr. Arvind Kumar, Advocate
For the Respondents-State: Mr. Bishwa Bibhuti Kumar Singh, AC to AG
For the Vigilance : Mr. Arvind Kumar, Spl. P.P.
for the Respondent-BSFC: Mr. Shailendra Kumar Singh, Advocate
Mr. Utkarsh Utpal, Advocate
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CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
and
HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH)
Date : 04-08-2022
The instant application has been filed by the
petitioner seeking a direction to the respondent authorities to
make an inquiry by any independent agency in the large scale
scam rampant in the State of Bihar in the Public Distribution
System and to take action against the persons found involved in
the scam.
Patna High Court CWJC No.13675 of 2017 dt.04-08-2022
2. The petitioner has raised issues specifically related
to Begusarai district in which some miscreants or some officials
have created malpractices in the Public Distribution System for
their own gain.
3. Respondent nos. 2 and 3 have filed counter
affidavit and supplementary counter affidavit in the present
matter. In the supplementary counter affidavit, it has been stated
that actions have been taken against the miscreants involved in
Khodawandpur P.S. Case No.125 of 2016, Bhagwanpur P.S.
Case No.43 of 2017, Bakhari P.S. Case No.65 of 2017 and
Beriya Bariyarpur P.S. Case No.55 of 2017. It is further stated
that the competent authority has already passed order of
compulsory retirement of the then District Manager, State Food
Corporation, who was involved in the illegalities. He has
challenged the order of compulsory retirement vide C.W.J.C.
No.9468 of 2020 and the said case is pending before this Court.
The memo of charge has also been prepared against the godown
Incharges of the relevant time, namely, Nirmal Kumar Sahay
and Basudev Sahay.
4. In para 8 and 9 of the supplementary counter
affidavit filed on behalf of respondent nos. 2 and 3 following
averments have been made:-
Patna High Court CWJC No.13675 of 2017 dt.04-08-2022
"8. That in the light of Hon'ble Apex Court
order dated 28.02.2017 passed in SLP (Cr.)
No. 1779/16 and five Special courts were
constituted in Bihar for trial against alleged
accused persons who were involved in the
defalcation of public grain of BSFC.
9. That in the light of Hon'ble Apex Court
order the Hon'ble Justice Mr. Chakradhari
Sharan Singh has considered and constituted
SI headed by Mr. Vinay Kumar, ADGP, CID in
Cr. Misc. No. 42242 of 2013 and this case is
being monitored regularly".
5. It is contended by the learned counsel for the State
Food Corporation that in para 9 there is a typographical error
and Cr. Misc. No. 42242 be read as 52242.
6. Considering the averments made in the
supplementary counter affidavit, Mr. Arvind Kumar, learned
counsel for the petitioner has expressed satisfaction and has
submitted that since a co-ordinate Bench has already constituted
SIT headed by Mr. Vinay Kumar ADGP, CID in Cr. Misc. No.
52242 of 2013 and actions have been taken against the erring
officials, for the present, the petitioner does not intend to pursue
the present writ petition, which has been filed in public interest.
7. In view of the actions taken by the respondents and
the submissions made above as well as in view of the averments
Patna High Court CWJC No.13675 of 2017 dt.04-08-2022
made in the supplementary counter affidavit filed on behalf of
the respondent nos. 2 and 3, the instant application which has
been filed in the nature of public interest litigation is disposed
of. It is expected that the respondent authorities would take
effective steps to bring the criminal to proceedings and the
disciplinary proceedings initiated against the erring authorities
to their logical end expeditiously.
(Ashwani Kumar Singh, J.)
(Shailendra Singh, J.)
Sanjeet/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 08.08.2022
Transmission Date NA
