Uttarakhand High Court
Dinesh Chandra Joshi vs State Of Uttarakhand And Others on 12 January, 2017
Author: Sudhanshu Dhulia
Bench: Rajiv Sharma, Sudhanshu Dhulia
1
Reserved Judgment
IN THE HIGH COURT OF UTTARAKHAND AT
NAINITAL
WRIT PETITION (PIL) No.90 OF 2014
Dinesh Chandra Joshi ........Petitioner
Vs.
State of Uttarakhand and others .......Respondents
Mr. Vivek Shukla, Advocate for the petitioner.
Mr. Pradeep Joshi, Standing Counsel for the State of Uttarakhand/respondents.
Reserved on : 21.12.2016
Decided on : 12.01.2017
Coram : Hon'ble Rajiv Sharma , J.
Hon'ble Sudhanshu Dhulia, J.
Per : Hon'ble Rajiv Sharma, J.
This petition has been filed pro bono publico by the petitioner highlighting illegalities, irregularities and embezzlement in the construction of Public Libraries from the Legislator fund provided by local Legislator of Haridwar town.
Petitioner has sent a communication to the respondent No.3 on 23.03.2011 informing him that from the Legislator funds (Vidhayak Nidhi) of the Member of Legislative Assembly (MLA), City Haridwar, a huge fund has been misappropriated which was given for construction of Public Libraries in different places in Haridwar. Petitioner also sent a communication to the Chief Minister, State of Uttarakhand on 27.09.2011 regarding the illegalities, irregularities and embezzlement committed in construction of Public Libraries. He also sent a complaint to Hon'ble Lokayukata, Uttarakhand which was registered as Patrawali No.346 of 2011. The matter was entrusted by Hon'ble Lokayukata to Mr. Man Singh Rawat, an Investigating Officer of the Hon'ble Lokayukata and he was directed to conduct an enquiry in the matter.
2Investigating Officer, Mr. Man Singh Rawat has completed the enquiry on 03.07.2012. Inquiry report has indicated that authorities have not constructed public libraries properly as per norms. On the basis of inquiry report, the Investigating Officer has recommended that a criminal case under Section 409 IPC and under Sections 13(1)(c) (d)/13(2) of Prevention of Corruption Act be registered against Sri Arvind Mohan Garg, Additional Assistant Engineer, Rural Engineering Services, Haridwar. Thereafter, Hon'ble Lokayukat Uttarakhand, vide order dated 15.10.2012, recommended that respondent No.2 i.e. the Secretary, Rural Development, State of Uttarakhand, Dehradun shall constitute an enquiry committee under Chairmanship of District Magistrate, Haridwar to look into the matter. Respondent No.3 i.e. District Magistrate/ Collector, Haridwar conducted an enquiry which was completed on 25.03.2013.
Counter affidavit was filed by respondent Nos.1 & 2 in the matter. According to the reply filed by respondent Nos.1 & 2, earlier an enquiry was conducted by Executive Engineer, Rural Engineering Service, Haridwar and he had submitted his enquiry report on 24.09.2011. According to the Inquiry report, no illegalities and irregularities were found during the construction of Public libraries. Respondent Nos.4 & 5 have also filed a separate reply.
Respondent No.6 i.e. Executive Engineer, Rural Engineering Services, Haridwar has also filed a separate counter affidavit in the matter wherein it was stated that the construction of library buildings at Lal Mandir Colony, Nikunj Vihar, Jwalapur, Haridwar was not undertaken due to interim orders passed by this Court. The possession of 10 buildings has already been handed over to the respective societies after constructing the same.
3The fact of the matter is that a sum of Rs.36.70 Lakhs was sanctioned for construction of public libraries. There was an interim order of this Court as far as library at Lal Mandir Colony, Nikunj Vihar, Jwalapur, Haridwar is concerned alone.
The initial enquiry was conducted by Sri Man Singh Rawat, Investigating Officer of the Hon'ble Lokayukata, Uttarakhand. He has categorically indicated in his report that-
The Library at Shiv Lok Colony was sanctioned in the year 2007-08 and the estimated cost of the library building was Rs.1.99 lakhs. A room size of 6.20 meter x 3.85 meter has been constructed. However, no library building was constructed and the building was being used as Aaganwadi Center. No document has been placed on record to prove the ownership of the building. The library was not functioning.
The library at Tank No.6 was sanctioned in the year 2008-09 with estimated cost of Rs.3.00 lakhs. Only a room size of 7.70 meter x 5.37 meter was constructed. However, size of room in the site plan is 8.20 x 6 meter and Aaganwadi Center was running in the said room. No document has been placed on record to prove the ownership of building. The library was not functioning.
The library at Balimiki Basti Kunj Gali, Khadkhadi, was sanctioned in the year 2008-09 with estimated cost of Rs.3.00 lakhs. Only three walls were constructed. One wall of Baratghar was not constructed. There is no revenue record about the ownership of building. The library was not functioning.
4The library at Rajiv Nagar, Rahi Hotel was sanctioned in the year 2007-08 with estimated cost of Rs.2.52 lakhs. In the inquiry, it was found that two libraries have been constructed at one place. However, the fact of the matter is that as per enquiry, no library building was constructed. There is no revenue record about the ownership of building. The library was not functioning.
The library at Gugal Road Pandey, Jwalapur, Shiv Park was sanctioned in the year 2006-07 with estimated cost of Rs.2.26 lakhs. In the inquiry, it was found that two libraries have been constructed at one place. However, the fact of the matter is that as per enquiry, no library building was functional. There is no revenue record about the ownership of building and the land was not transferred. The library was not functioning.
Similar is the position qua libraries at Rajiv Nagar, Arya Nagar, Jwalapur, Dayanand Nagar, Purvi Nath Nagar, Jwalapur, Shiv Vihar and Indira Basti. There is no revenue record about the ownership of building and the land was not transferred. Libraries were not functioning at these places.
Nodal agency has not been taken NOC from land owner/department/institution before construction of libraries. Few libraries which have been constructed are not in accordance with approved maps and norms. The Investigating Officer has also recommended to register the case against Sri Arvind Mohan Garg, Additional Assistant Engineer, Rural Engineering Services, Haridwar under Section 409 IPC and Section 13(1)(C)(D)/13(2) of Prevention of Corruption Act, 1998.
5Hon'ble Lokayukata has also gone into entire gamut. According to his order also, there are illegalities and irregularities in the construction of Public Libraries committed by the Nodal Agency. The lands upon which buildings have been constructed are not being transferred in accordance with law. Hon'ble Lokayukata has also highlighted that before sanctioning the amount under the Legislator funds (Vidhayak Nidhi) given by local MLA, the blueprint should have prepared how the libraries shall be constructed and maintained. The fact of the matter is that even where libraries buildings have been constructed, libraries are not running. In few library buildings, Aaganwadi Centers are running and few libraries have not been constructed as per norms.
Hon'ble Lokayukata has asked respondent No.2 to submit Inquiry report. Respondent No.2 has constituted a committee under the Chairmanship of District Magistrate, Haridwar alongwith Additional Chief Executive Officer, Nagar Nigam, Haridwar and the Executive Engineer, Public Works Department, Haridwar as members. The committee has again reiterated the findings of the enquiry report submitted by Sri Man Singh Rawat, Investigating Officer of Hon'ble Lokayukata, Uttarakhand which was duly considered by Hon'ble Lokayukata. According to the enquiry report dated 25.03.2013, there are gross illegalities and irregularities while raising construction of libraries by Rural Engineering Services. The alleged construction is against the norms. It is also revealed that libraries are not running at Shiv Lok Colony, Tank No.6, Balmiki Basti, Rajiv Nagar, Gugal Road, Rajiv Nagar, Arya Nagar, Jwalapur, Dayanand Nagar, Purvi Nath Nagar, Jwalapur, Shiv Vihar and Indira Basti, Haridwar. The land has not been transferred in the name of State or municipal bodies. No documents with regard to the ownership of the lands, on which library buildings were 6 constructed, have been produced. The libraries were put under control of local committees. It is also evident that in the inquiry conducted by District Magistrate, Haridwar, he has tried to dilute the findings given by the Investigating Officer of the Hon'ble Lokayukata were affirmed by Hon'ble Lokayukata.
The fact of the matter is that library buildings have been constructed which are not as per norms. No document with regard to the ownership of lands on which libraries and rooms constructed have been placed on record. In few places, Aaganwadi Centers are running under the control of local committees.
Learned Member of Legislative Assembly, Mr. Madan Singh Kaushik of City Haridwar should have ensured at the time of allocating the funds that library buildings are constructed as per the norms and maintained properly.
The buildings were never used as library. There are no books, journals and newspapers. There is complete waste of public money.
In view of the inquiry report, Hon'ble Lokayukat, Uttarakhand has ordered to register the case against Mr. Arvind Mohan Garg, Additional Assistant Engineer, Rural Engineering Services, Haridwar for the offences under Section 409 IPC and Section 13(1)(c)(d)/13(2) of the Prevention of Corruption Act, 1988 but no first information report till date has been registered against Mr. Arvind Mohan Garg, Additional Assistant Engineer and other officers/officials.
The public funds should be utilized judiciously. Every officer/official is responsible for proper utilization of public money.
The Court is surprised that the control of libraries is with the so called committee of the area. As a matter of 7 fact, the control should be in the hands of the State Government/Municipal Corporation or with the other agencies of the Government. The Court cannot overlook the manner in which public money has been misutilized by State functionaries.
Accordingly, the writ petition is allowed. State Government is directed to take possession of all the libraries constructed under the Legislator funds (Vidhyak Nidhi) given by Mr. Madan Kaushik, M.L.A. and handover the same to the Municipal Corporation, Haridwar within one month.
State Government shall provide/release sufficient funds to purchase books and journals and also to ensure purchase of at least two English daily newspapers and four Hindi newspapers in the libraries.
District Magistrate, Haridwar/respondent No.3 is directed to register first information report against Mr. Arvind Mohan Garg and other officials/officers who were associated in the construction of 11 libraries as per detail given hereinabove, under Section 409 IPC and Section 13(1)(c)(d)/13(2) of the Prevention of Corruption Act, 1988, within three weeks.
(Sudhanshu Dhulia, J.) (Rajiv Sharma, J.) 12.01.2017 JKJ