Shri. Sunil S/O Deorao Dahegaokar v. The State Of Mah. Thr. Its Chairman And Ahanaging Director Mah. State Power Gen. Corp. Bhandara

(1) 910crwp735.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO.735/2024 Sunil Deorao Dahegaokar .Vs. State of Maharashtra thr. Chairman and Ors. --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. S. P. Bhandarkar, Advocate for petitioner. CORAM :

ANIL L. PANSARE AND Y. G. KHOBRAGADE, JJ.

DATE :

OCTOBER 7, 2025 Heard Mr. S. P. Bhandarkar, learned counsel for the petitioner.

2.

The substantive reliefs sought read thus:

"i.

By an appropriate writ order and/or direction, direct Respondent No.1 to conduct a thorough inquiry into the allegations of malpractice and corruption raised by the petitioner in relation to the tenders issued by the Respondent No.1 during the years 2015 to 2019, and to take necessary actions against the involved parties if the allegations are found to be true; ii.

By an appropriate writ order and/or direction, direct the respondent no. 5 - Department of Anti-Corruption, Mumbai, to conduct a comprehensive investigation into the tenders awarded to the contractors i.e. respondent no. 6 to 11 complaints, and against Respondent No.2 to 4, in accordance with the provisions of the Prevention of Anti-Corruption Act, 1988;

iii.

By an appropriate writ order and/or direction, direct the Respondent No.1 to comply with the directives given by the Principal Secretary, Department of Industries, Power and Labour, Ministry, vide letter dated 24.08.2020, and to take immediate steps to initiate the inquiry as directed;

iv.

By an appropriate writ order and/or direction, direct the concerned authorities to

(2) 910crwp735.24 conduct a thorough investigation into the actions of the contractors i.e. respondent no. 6 to 11 named in the complaints for their involvement in the manipulation of tenders and corruption in collusion with Respondent No.2 to 4;

v.

By an appropriate writ order and/or direction, direct the concerned authorities to blacklist the contractors i.e. respondent no. 6 to 11 involved in the alleged malpractices and corruption from participating in any future tendering processes conducted by government entities, to prevent further exploitation of public resources;"

3.

Thus, the petitioner is seeking directions against the respondents to investigate the matter. Mr. Bhandarkar, learned counsel for the petitioner, has invited our attention to correspondence dated 13.07.2021 made by Section Officer with the Chairman and Managing Director of respondent No.1 for taking cognizance of the petitioner's complaint as regards corruption and to conduct inquiry under Section 17A of the Prevention of Corruption Act, 1988.

4.

The grievance of the petitioner is that despite such correspondence, the respondents have not taken cognizance. 5.

We are of the view that the petitioner has an alternate and efficacious remedy available under Section 175 (3) of the Bhartiya Nagrika Suraksha Sanhita, 2023 (Section 156 (3) of the Criminal Procedure Code, 1973), which the petitioner may avail, if so desired.

5.

With the above liberty, the writ petition is disposed of. (JUDGE) (JUDGE) Kahale