Pramod Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13283 of 2022 ====================================================== Pramod Kumar Singh Son of Ramanand Singh, resident of A- 31, R.D. Tower, New Punaichak, P.S.- Sashtri Nagar, District- Patna, Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary, Patna. 2.

The Chief Secretary, Government of Bihar, Patna. 3.

The Secretary, Department of Social Welfare, Govt. of Bihar, Patna. 4.

Women and Child Development Corporation (Erstwhile Women Development Corporation) through the Managing Director, Road No.2, Daroga Rai Path, R- Block, Patna - 800001.

5.

The Mangaing Director-cum-Chairman, Women and Child Development Corporation (Erstwhile Women Development Corporation), Road No. 2, Daroga Rai Path, R-Block, Patna - 800001.

6.

The Project Director, Women and Child Development Corporation (Erstwhile Women Development Corporation), Road No. 2, Daroga Rai Path, R-Block, Patna - 800001.

7.

The Director, Women and Child Development Corporation (Erstwhile Women Development Corporation), Patna.

8.

The Administrative Officer, Women and Child Development Corporation (Erstwhile Women Development Corporation), Road No. 2, Daroga Rai Path, R-Block, Patna - 800001.

9.

The Add. Chief Secretary, Department of Finance, Govt. of Bihar, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vikash Kumar Pankaj, Advocate For the Respondent/s :

Mr.Gyan Prakash Ojha ( GA 7 ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) (The proceedings of the Court are being conducted by Hon'ble the Chief Justice/Hon'ble Judges through Video Conferencing from their residential offices/residences. Also the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.) Date : 16-09-2022

Patna High Court CWJC No.13283 of 2022 dt.16-09-2022 2/3 Petitioner has prayed for the following relief(s): "(i) To issue a writ, order or direction in the nature of Mandamus commanding the Respondents, particularly the Respondent No. 2 & 9 to forthwith, expeditiously initiate enquiry into the issuance of tender dated 29.07.2022 (Annexure-4) worth Rs. 87,12,36,000/- by Respondent No. 4 & 7 without having jurisdiction or sanction of the State Govt. moreover, the scheme for which the aforesaid tender has been floated has not yet been approved by the State Cabinet or even reviewed by the Public Finance Committee in terms of Annexure-5.

(ii) To issue a writ order in the nature of Certiorari to set aside the aforesaid tender dated 29.07.2022 worth Rs. 87,12,36,000/- issued by Respondent No. 4 & 7 as the same has been floated without having jurisdiction or any sanction of the State Govt.

(iii) To issue a writ, order or direction in the nature of Mandamus commanding the Respondents particularly, Respondent No. 2 to take appropriate penal & administrative against the erring officials who have acted hand in gloves & involved in hatching such a conspiracy to misappropriate public money by issuance of Annexure-4."

After the matter was heard for some time, finding the Court not in favour of the submissions made by the learned

Patna High Court CWJC No.13283 of 2022 dt.16-09-2022 3/3 counsel for the petitioner, learned counsel for the petitioner, under instructions, states that the petitioner shall be content if the petitioner is permitted to withdraw the present petition, with liberty to initiate appropriate proceedings before the appropriate forum and to take recourse to such other alternate remedies which are equally efficacious in law. Prayer allowed.

The petition is disposed of as withdrawn with the liberty aforesaid.

Liberty reserved to the petitioner to take recourse to such other remedies as are otherwise available in accordance with law.

It stands clarified that all issues of fact and law are left open to be agitated by the competent authority. Interlocutory application(s), if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) K.C.Jha/DKS AFR/NAFR CAV DATE Uploading Date 20.09.2022 Transmission Date