Uttarakhand High Court
WPPIL/130/2020 on 13 April, 2022
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
ON THE 13TH DAY OF APRIL, 2022
BEFORE:
HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
AND
HON'BLE SHRI JUSTICE R.C. KHULBE
Writ Petition (PIL) No. 130 of 2020
BETWEEN:
Gopal Singh Bisht ...Petitioner
(None present for the petitioner)
AND:
Kumaun University & others ... Respondents
(By Mr. B.D. Upadhyaya, learned Senior Advocate assisted by Ms.
Mamta Bisht, learned counsel for respondent nos. 1 to 3, Mr. J.C.
Pandey, learned counsel for respondent nos. 4 & 5, Mr. Nitin Singh
Karki, learned counsel for respondent no. 6, Mr. Prabhakar Narayan,
learned counsel for respondent no. 7 and Mr. Anil Anthwal, learned
counsel for respondent no. 8)
This Writ Petition coming on for hearing this day,
Hon'bleShri Justice Manoj Kumar Tiwari, J. delivered the
following Judgment:
JUDGEMENT
1. Petitioner is a resident of Nainital, who
claims to be a public spirited person.
2. This writ petition has been filed in public
interest highlighting the financial irregularities
committed by authorities of Kumaon University
while making arrangements for 16th Convocation
ceremony, held on 07.03.2020. According to
petitioner, excess payment was made to
respondent nos. 6, 7 & 8 for water proof tent,
without inviting bids.
3. The relief sought in the writ petition are
as follows:-
(i) Issue a writ, order or direction in the nature of
mandamus commanding/directing the
respondent no. 4 to conduct an enquiry
regarding financial irregularities in 16th
Convocation Ceremony of Kumaun University
by an independent agency for fixing
responsibilities.
(ii) Issue a writ, order or direction in the nature of
mandamus commanding/directing the
respondent no. 1, 3 & 4 to recover public
money which has been illegally paid to private
respondents de hors the rules in 16th
Convocation Ceremony of Kumaun University.
(iii) Issue a writ, order or direction in the nature of
mandamus commanding/directing the
respondent no. 1, 3, 4 & 5 to initiate criminal
proceedings against all those involved in
making illegal payments from public exchequer
to private respondents de hors the rules in 16th
Convocation Ceremony of Kumaun University.
4. Learned counsels for the respondents
submit that soon before the Convocation,
Meteorological Department made a forecast of
heavy rains on 07.03.2020, since time was not
sufficient for floating tenders, therefore water
proof tent was arranged, without inviting bids, to
ensure that the Convocation Programme is not
disrupted due to bad weather.
5. With the counter affidavit filed on behalf
of respondent nos. 1, 2 & 3, a report submitted by
a three member inquiry committee constituted by
the University has been enclosed. Perusal of the
said report indicates that due to bad weather, last
minute change in arrangements became
necessary.
6. Pursuant to order dated 24.03.2021,
State counsel produced the report of the
committee constituted by State Government,
before the Court, which was taken on record, vide
order dated 07.04.2021. Perusal of the said
report indicates that the Audit Team has made
some observation regarding violation of
Uttarakhand Procurements Rules while procuring
goods and services for organising 16th Convocation
of Kumaon University.
7. Since the issue raised in the writ petition
has been addressed and the report of the Special
Audit Team has also been brought on record by
the State Government, therefore, we are of the
considered opinion that in the facts and
circumstances of the case, no further direction
would be necessary. Accordingly, we close this
writ petition filed in public interest with liberty to
the Competent Authority to take appropriate
action on the report of Special Audit Team, as per
law.
(MANOJ KUMAR TIWARI, J.)
(R.C. KHULBE, J.)
Aswal
