Dayanand Agrawal v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPPIL No. 115 of 2016 • Dayanand Agrawal S/o Kundan Lal Agrawal, Aged About 40 Years R/o Ward No. 10, Nagar Panchayat, Saraipali, District Mahasamund (Chhattisgarh) ---- Petitioner
Versus
1. State Of Chhattisgarh Through : The Secretary, Public Works Department Mahanadi Bhavan, Mantralaya, New Raipur, District Raipur (Chhattisgarh)
2. Engineer In Chief, Public Works Department, Sirpur Bhavan, Civil Lines, Raipur, District Raipur (Chhattisgarh)
3. Officer On Special Duty ( O S D), Quality Control, Office Of The Chief Engineer, Public Works Department, Raipur, District Raipur (Chhattisgarh)
4. Superintending Engineer, Public Works Department, Raipur, District Raipur (Chhattisgarh)
5. Ratna Khanij Udyog, Through Director Sunil Agrawal, A- 1 Class Contractor, R/o Bazar Para, Padampur Road Basna, District Mahasamund (Chhattisgarh) ---- Respondents ------------------------------------------------------------------------------------------ For Petitioner :
Shri Sushobhit Singh, Advocate Shri RK Guupta, Dy AG Shri Rahul Jha, Advocate ------------------------------------------------------------------------------------------ For Respondent/State For Respondent- 5 :
:
Hon'ble Shri Thottathil B. Radhakrishnan, Chief Justice Hon'ble Shri Justice Sharad Kumar Gupta Order on Board Per Thottathil B. Radhakrishnan , Chief Justice 04.07.2017 1) This Writ Petition is instituted as Public Interest Litigation seeking intervention of this Court in a matter relating to alleged negligence, breach of duty and other attendant facts and factors in relation to the construction of the Basna - Bhawarpur- Sagarpali road in District Mahasamund in the State of Chhattisgarh. It is a major district road running over a stretch of 17.6 kms. It is running
wppil-115 of 2016 over a stretch of 17.6 kms, it is a major district road. The petitioner has sought for different orders including direction to ensure reconstruction and restoration of the works of the road and also to initiate requisite civil and criminal proceedings against the guilty officers and the fifth respondent- contractor. 2) Heard the learned counsel for the petitioner and the learned counsel for the respondents.
3) The petitioner relies on certain enquiry reports by the executive which tends to show that there was supervisory lapse on the part of the officers of the department and that the rectification had to be carried out. The return filed on behalf of the official respondents elaborately delineate the relevant facts and factors in relation to the contract and the conclusion of the executive as to why there was early damage to the road. Ultimately it is found by the department that the said road had to carry unexpected and uncontrolled overload of traffic in the light of diversion being affected to vehicular traffic from another road, which is a National Highway.
It is also stated in the return of the official respondents that the matter had been not only enquired into, but audit has been conducted regarding expenditure and audit objections have also been answered and it is pending consideration.
wppil-115 of 2016 manner, also by ensuring that the restoration and curative process already carried out shall be proceeded with and maintained. We issue this direction because the State Government has now taken over the road as fully operational and is directly controlling the said road. It would be open to the executive to decide as to what action, if any, may be called for as against any of the employee who is found to have committed dereliction of duties, having regard to the different enquiry reports and fact-findings by the competent superior authorities and also the audit reports and the final decision of the auditors in the matter of audit and accounts. 5) This Writ Petition is ordered accordingly.
Sd/- Sd/- (Thottathil B. Radhakrishnan) (Sharad Kumar Gupta) Chief Justice Judge padma