Dr. Mani Lal Rastogi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24899 of 2018 ====================================================== Dr. Mani Lal Rastogi S/o Late Purushottam Lal Rastogi Resident of Dr. B.B. Ghosh Lane, Motijhil, P.S. Muzaffarpur Town, District - Muzaffarpur ... ... Petitioner/s

Versus

1.

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

The Principal Secretary, The Animal and Fisheries Resources Department ,Government of Bihar, Patna.

3.

The Director, Animal Resources Department ,Government of Bihar, Patna. 4.

Sri Rajesh Kumar, son of not known to the petitioner, the then Director, Animal Resources Department, Government of Bihar, Patna. 5.

Sri B. Rajendra, son of not known to the petitioner, The then Director, Animal Resources Department, Government of Bihar, Patna 6.

Sri Shrawan Kumar, son of not known to the petitioner, The then Director, Animal Resources Department, Government of Bihar, Patna. 7.

The Animal Husbandry Officer, Patna.

8.

The Animal Husbandry Officer, Gopalganj.

9.

The Additional Director General of Police, Vigilance Department Investigation Bureau, Bihar, Patna.

10.

The Superintendent of Police, Vigilance Investigation Bureau, Bihar, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner :

Mr.Vijay Kumar Singh For the Respondent :

Mr.Md. Khurshid Alam- Aag12 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 07-01-2020 The petition filed on 21.12.2018 is listed for hearing for the first time today before the Court.

Heard learned counsel for the petitioner and learned counsel for the respondents.

Petitioner has prayed for the following relief/s:

Patna High Court CWJC No.24899 of 2018(2) dt.07-01-2020 2/3 "For issuance of an appropriate writ in the nature of MANDAMUS commanding and directing the Respondent 2nd set to lodge the First Information Report on the complaint filed by the petitioner with respect to the commission of irregularities and illegalities committed in purchase of veterinary medicine by the Central Purchase Committee since the Central Purchase Committee in its meeting dated 07.03.2008/10.03.2008 accepted the technical tender of ineligible tenders like Bihar Chemical Enterprises, who only deposited the earnest money of Rs. 500,- though according to the tender notice 02% amount of the tender amount has to be deposited in the shape of National Saving Certificate, Post Office Term Deposit or Bank Guarantee.

For issuance of an appropriate writ in the nature of MANDAMUS commanding and directing the Respondent State to take suitable action against the erring Officers/persons who are responsible for commission of financial irregularities in purchase of veterinary medicine for their personal benefit."

After the matter was heard for some time, learned counsel for the petitioner submits that petitioner shall be content if a direction is issued to the concerned respondents to consider and decide the representation, which the petitioner shall be

Patna High Court CWJC No.24899 of 2018(2) dt.07-01-2020 3/3 making afresh within a period of four weeks from today. Learned counsel for the State states that upon receipt of such request, if any, the same shall be dealt with in accordance with law, expeditiously and positively within a period of three months from the date of receipt thereof. Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law.

We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch. The petition stands disposed of in the aforesaid terms. (Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) K.C.Jha/- U