Sudhir Kumar Ojha @ Sudhir Kumar, Advocate v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4008 of 2023 ====================================================== Sudhir Kumar Ojha @ Sudhir Kumar, Advocate, Son of Late Krishna Deo Ojha, resident of Village- Lahladpur, Post- Patahi, P.S.- Mithanpura, DistrictMuzaffarpur at present practicing as an Advocate, Muzaffarpur. ... ... Petitioner/s
Versus
1.
The State of Bihar through the Chief Secretary, Government of Bihar, Old Secretariat, Patna.
2.
The Chancellor of Universities-cum- Governor of Bihar through the Secretary, Governor House Secretariat, Patna. 3.
The Additional Chief Secretary, Education Department, New Secretariat, Patna.
4.
The Additional Chief Secretary, Home Department, Old Secretariat, Patna. 5.
The Additional Director General Economics of Unit, Raj Bhawan Road, Bailey Road, Patna.
6.
The Additional Director General, Special Vigilance Unit, Daroga Prasad Path, Patna.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
None For the Respondent/s :
Mr.P.K. Shahi, AG ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 25-04-2023 The writ petition was adjourned once and on the next day, none appeared for the petitioner. Today, the matter was specially posted for hearing. The matter was kept aside for hearing in the morning and when it was taken up there was no representation for the petitioner. We were constrained to look into the writ petition which is filed as a Public Interest
Patna High Court CWJC No.4008 of 2023 dt.25-04-2023 2/3 Litigation; by ourselves to decide on the maintainability of the same.
2. The relief sought for by the petitioner is to command the State to lodge an FIR/Special Case against the Registrars and other concerned officers of the concerned Universities of Bihar as also nine named Book Suppliers, "on the touch stone of the newspaper clippings and the information taken through the RTI questionnaires" (sic). The petitioner projects the need for an investigation into the book scandal and the scam alleged against the Registrars, Vice Chancellors and Book Suppliers and registration of economic offence cases. The petitioner also seeks for a direction to the State Authorities to take a policy decision with regard to the continuous purchase of books for students in place of the outdated books.
3. Admittedly, the petitioner has made the allegation on the strength of newspaper reports and the solitary response received to an RTI query. The petitioner has produced Annexures- 3 to 6 and Annexures -8 and 9, newspaper clippings and the reply to an RTI query, as per Annexure-2. Annexure-1 is a purchase order, said to have been placed by one of the Universities. It is very surprising that none of the Universities or the Registrars and the Vice Chancellors, against whom broad
Patna High Court CWJC No.4008 of 2023 dt.25-04-2023 3/3 allegations are raised without any substantiation, were impleaded in the writ petition. The named suppliers of books are also not impleaded in the writ petition. We are unable to entertain the writ petition filed, based merely on unconfirmed newspaper reports and without the necessary parties in the party array. We dismiss the writ petition in limine. (K. Vinod Chandran, CJ) ( Madhuresh Prasad, J) Sujit/- AFR/NAFR NAFR CAV DATE Uploading Date 29.04.2023 Transmission Date