Mr. Prakash Hanumant Tare v. Mr. Anil D. Datar And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION No. 181 OF 2014 Prakash Hanumant Tare ....Petitioner Vs.

Anil M. Datar, DG (ACE) and Ors.

....Respondents ****** Mr.Nikhilesh Pote for the Petitioner Mr. Y.R. Mishra a/w. Mr. D.A. Dube for Union of India. ****** CORAM : V. M. KANADE & SMT. SWAPNA S. JOSHI, JJ DATE : SEPTEMBER 21, 2016 P.C. :

1.

Heard the learned counsel appearing on behalf of the Petitioner and learned counsel for the Union of India.

2.

The Petitioner claims to be a scientist, who has retired recently from Defence Research Development Organization (DRDO) (in short 'the said Organization". The Petitioner after his retirement, has now filed this present PIL, alleging that there is continuous misappropriation of the Government Funds and corruption is going on in the said Department. He is, therefore, seeking various directions from this Court, directing the investigating agency to investigate into the matter

2/3 and take action against the corrupt higher ranking officers of the said Organization. Number of allegations have been made against these persons.

3.

On the other hand, the learned counsel appearing on behalf of the Union of India has submitted that the Petitioner has filed the OA before the Central Administrative Tribunal, seeking promotion and the said OA has been dismissed and, therefore, the present PIL is filed for harassing the officers.

4.

This submission, of course, has denied by the learned counsel appearing on behalf of the Petitioner. The Petitioner is seeking the following reliefs:

"(A) That Notices may kindly be issued against the Respondents directing them to submit their reply. (B) That an Inquiry Committee may be appointed to assess the corrupt practices and misappropriation of Government funds which is carried out by respondent Nos.1 to 3. (C) The Enquiry Committee may kindly be directed to submit their fact finding report.

(D) That the Respondent No.7, be directed to take immediate strict action as suggested in the Report of the Inquiry Committee and as deemed fit against the persons

3/3 involved in these misappropriation of Government funds and exchequre under the law.

(E) The Respondent Nos.1 to 3 have committed above mentioned irregularities constituting corruption and in spite of producing sufficient evidence, no action was initiated against them, shows the clout and influence wielded by them in DRDO. They may therefore be immediately suspended/ dismissed from the service, so that they cannot influence on the further on the further progress of inquiry." 5.

The Petitioner obviously, in our view, appears to have a grudge against the senior officers, who are working in the office / department and after his retirement, he has filed this PIL. We are of the view that there is no any public interest involved in this PIL. Hence, PIL is dismissed.

SWAPNA S. JOSHI, J.

V.M. KANADE, J.

Vaishali Tikam