Bihar Rajya Paryatan Vikash Nigam Karmchari Sangh And ANR v. The State Of Bihar, Through The Chief Secretary, Government Of Bihar, Old Secretariat, Patna And Or
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.2712 of 2017 Arising Out of PS. Case No.- Year-1111 Thana- District- ====================================================== 1.
Bihar Rajya Paryatan Vikash Nigam Karmchari Sangh Hotel Kautilya Vihar, Paryatan Bhawan, Beer Chand Patel Path, Patna- 800001. 2.
Lakshmi Kumar, S/o Late Ram Khelawan Ram, Resident of MohallaYarpur, Jogiya Tola, P.S.- Gardani Bagh, P.O.- GPO, District- Patna. ... ... Petitioner
Versus
1.
The State of Bihar, Through The Chief Secretary, Government of Bihar, Old Secretariat, Patna 2.
The Secretary, Department of Tourism, Government of Bihar, Old Secretariat, Patna.
3.
The Chairman, Bihar State Tourism Development Corporation Ltd., Beerchand Patel Path, Patna.
4.
The Managing Director, Bihar State Tourism Development Corporation Ltd., Beerchand Patel Path, Patna 5.
The General Manager, Bihar State Tourism Development Corporation Ltd., Beerchand Patel Path, Patna.
6.
The Company Secretary, Bihar State Tourism Development Corporation Ltd., Beerchand Patel Path, Patna 7.
The Manager Administration, Bihar State Tourism Development Corporation Ltd., Beerchand Patel Path, Patna 8.
The Vigilance Investigation Bureau, Vigilance Department, Govt. of Bihar, 6, Circular Road, Patna.
9.
The Principal Secretary, Vigilance Department, Govt. of Bihar, Patna. 10.
The Director General of Police, Vigilance Investigation Bureau, Bihar, Patna 11.
The Superintendent of Police, Vigilance Investigation Bureau, Bihar, Patna 12.
The M/s Shree Services, E-86, Rajesh Kumar Path, S.K. Puri, Patna-1. ... ... Respondents ====================================================== Appearance :
For the Petitioners :
Mr.Amit Pandey, Advocate For the Vigilance :
Ms.Archana Palkar Khopde, Advocate For the BSTDC :
Mr. Ranjan Kumar Shrivastava, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 14-12-2022 Prayer for adjournment is refused on finding that this writ application is of the year 2017.
Patna High Court CR. WJC No.2712 of 2017(2) dt.14-12-2022 2/3 Mr. Pramod Kumar Yadav, learned proxy counsel submits that he is not aware of the case.
In the circumstances, this Court has gone through the statements made in the writ application and with the assistance of learned counsel for the State Bihar Tourism Development Corporation Limited and the Vigilance Investigation Bureau, this writ application is being disposed of.
Petitioner no. 1 in this case is a registered union of the employees working in the Bihar State Tourism Department Corporation Limited (hereinafter referred to 'BSTDCL'). The allegation in this writ application is that a scam took place in the BSTDCL in connection with supply of motor vehicle driver and a huge public money has been misappropriated and undue advantage/benefits have been provided to the private respondent no. 12. It is alleged that a complaint was lodged before the Department of Vigilance in this regard but the vigilance has not lodged any F.I.R. in the matter.
Perusal of the Writ Application however shows that after sending the complaint to the Vigilance Department, no further action was taken by the petitioners in terms of the provisions of the Code of Criminal Procedure to register the First Information Report.
Patna High Court CR. WJC No.2712 of 2017(2) dt.14-12-2022 3/3 To this Court, it appears that this Writ Application is more in the nature of a Public Interest Litigation which cannot be entertained by this Court in the present roster. This Writ Application is, therefore, disposed of with liberty to the petitioners to seek their remedy before appropriate court in appropriate jurisdiction.
(Rajeev Ranjan Prasad, J) Rajeev/- U T