Rabindra Mohan Prasad Madhur v. The Union Of India
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.711 of 2019 ====================================================== Rabindra Mohan Prasad Madhur, son of late Awadhesh Nandan Prasad, resident of Mohalla Rajendra Nagar, P.O. Koshi College I.P.S. Chitragupta Nagar, District Khagaria ... ... Petitioner
Versus
1. The Union Of India through Central Bureau of Investigation, New Delhi
2. The State of Bihar through Chief Secretary, Bihar, Patna
3. The Bihar State Food & Civil Supplies Corporation Limited Khadya Bhawan Daroga Raj Path, R.Block, Road No.2, Bihar, Patna through its Chairman
4. The Chairman, the Bihar State Food & Civil Supplies Corporation Limited Khadya Bhawan Daroga Raj Path, R.Block, Road No.2, Bihar, Patna
5. The Managing Director, Bihar State Food & Civil Slupplies Corporation Limited, Bihar, Patna
6. The District Magistrate, Begusarai
7. The District Manager, Bihar State Food and Supplies Corporation Limited, Begusarai
8. The Superintendent of Police, Begusarai ... ... Respondents ====================================================== Appearance :
For the Petitioner/s :
Mr. Abdul Manan, Adv.
Mr. Najmul Hooda, Adv.
For the Respondent/s :
Mr. Alok Ranjan, AC to AAG-5 For BSFC : Mr. Anjani Kumar, Sr. Adv. Mr. Shailendra Kumar Singh, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) 16-01-2019 Heard Mr. Abdul Manan, learned counsel for the petitioner, Mr. Anjani Kumar, learned Senior Counsel appearing with Mr. Shailendra Kumar Singh for the Corporation and Mr. Alok Ranjan, learned AC to AAG-5.
The petitioner by way of Public Interest Litigation prays for the following reliefs;
Patna High Court CWJC No.711 of 2019(3) dt.16-01-2019 2/3 "(i) For issuance of an appropriate writ order or direction commanding the respondents authorities to hand over the investigation of the cases relating to the State Food Corporation of Begusarai District scam from Bihar Police to C.B.I. Agency or any other specialized investigation agency as the local police is not doing proper investigation. (ii) For issuance of an appropriate writ order or direction commanding the respondents authorities for not realizing the payment to the guilty contractors involved in the fraud/Scam relating to S.F.C. Godowns of Bihar and also payment of salary to the officials of S.F.C. Godowns of Begusarai District during the investigation of the case by the C.B.I. or any other investigation agency.
(iii) For issuance of an appropriate writ order or direction for taking appropriate legal/departmental action against the guilty persons involved in the aforesaid Scam in any capacity either by way of employment or in any manner involved in the Scam.
(iv) For any other relief or reliefs for which the petitioner may be found entitle in the eye of law." This matter was earlier taken up on 10.01.2019 when attention of the Court was drawn by Mr. Anjani Kumar, learned Senior Counsel for the Corporation regarding pending writ petition/criminal application involving similar issues. It was
Patna High Court CWJC No.711 of 2019(3) dt.16-01-2019 3/3 further informed that a learned Single Judge is already monitoring the investigation initiated in the matter arising from Cr. Misc. No. 52242/2013. A copy of the order passed in the criminal case is at Annexure 'H'. He has also drawn attention to a Public Interest Litigation initiated for the purpose on the same count, the order whereof is at Annexure 'I' and whereby the Division Bench taking note of the fact that the issue is being monitored by the High Court in Cr. Misc. No. 52242/2013, has disposed of the Public Interest Litigation without any further indulgence. It is thus the submission of Mr. Anjani Kumar that the issue raised in this writ petition is a repetition of the issue earlier raised and not granted indulgence by the Division Bench. On such objection being raised, Mr. Manan, learned Counsel for the petitioner prays for withdrawal of the writ petition, which is accordingly dismissed as withdrawn. (Jyoti Saran, J) ( Arvind Srivastava, J) Archana/ Surendra/- U