Jharkhand High Court
Enamul Haque vs State Of Jharkhand & Ors on 28 February, 2014
Author: R. Banumathi
Bench: Chief Justice, Shree Chandrashekhar
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (PIL) No. 934 of 2012
Enamul Haque... ... ... .... ....Petitioner
Vs.
1.The State of Jharkhand
2.The Principal Secretary, Welfare Department,
Government of Jharkhand
3.The Managing Director, Jharkhand State Tribal Co-operation
Development Corporation Ltd.
4.The Executive Officer, Jharkhand State Tribal Co-operation
Development Corporation Ltd.
5.Director General (Vigilance).
6.The Director General of Police, Jharkhand
7.The Senior Superintendent of Police, Ranchi
8.The Officer-in-Charge, Bariatu Police Station
9.The Officer-in-Charge, Ratu Police Station.
.... ... ... ... ... Respondents
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CORAM: HON'BLE THE CHIEF JUSTICE.
HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR.
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For the Petitioner: Mr. Rajeev Kumar, Advocate
For the State: Mr. J.C to AAG
For Res. No. 3 & 4: Mr. Sunil Kumar, Advocate.
------ Dated 28th February, 2014
This 'Public Interest Litigation' has been filed
by the petitioner seeking direction upon 6th respondent-
Director General of Police, Jharkhand to investigate into
fraudulent disbursement of Tractor-Trailor and buses to the
fake persons in connivance with the officers and politicians
by forming co-operative under the self-employment income
generation scheme between 2003 to 2008 without verifying
their address, caste and income certificates and further for
direction upon respondent nos 7, 8 and 9 to submit the
status report of the investigation in Bariatu P.S. Case No.
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124 of 2011 dated 10.04.2011 and Ratu P.S. Case No. 29 of
2009 dated 21.02.2009.
2. The National Scheduled Caste and Scheduled
Tribe Finance and Development Corporation has been
created by Government of India under the Indian Companies
Act, 1956 and the object of the Corporation is to provide
financial assistance to the members of Scheduled Caste and
Scheduled Tribe through Channeling Agency to be
nominated by the State Government. The National
Scheduled Caste Finance and Development Corporation (in
short "NSFDC") and National Scheduled Tribe Finance
Development Corporation (in short "NSTFDC") introduced
Self Employment Scheme and Jharkhand State Tribal
Corporation Development Corporation has been nominated
as Channeling Agency for providing loans to the members of
Scheduled Caste and Scheduled Tribe under the Scheme of
NSFDC and NSTFDC. As per the provisions of the said
scheme, the members of the Scheduled Caste and Scheduled
Tribe were required to submit Caste Certificate and Income
Certificate issued by the Circle Officer of the concerned
Circle and recommendation of the District Welfare Officers
of the concerned District and on their recommendation loans
are being granted to them for purchase of vehicles of their
choice. In the counter affidavit filed by respondent nos. 3
and 4 (the Managing Director and the Executive Officer of
Jharkhand State Tribal Co-operation Development
Corporation Ltd. respectively), it is stated that under the
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scheme, the JSTCDC granted loans to 136 persons, 80
persons, 72 persons and 66 persons during years 2003-04,
2004-05, 2006-07 and 2007-08 respectively.
3. The grievance of the petitioner is that above
loans were granted to the persons on fake certificates or
without proper Caste and Income Certificates and,
therefore, the petitioner seeks appropriate direction to
investigate into fraudulent disbursement of Tractor-Trailor
and buses to the fake persons in connivance with the
officers and politicians.
4. We have heard Mr. Rajeev Kumar, learned
counsel appearing for the petitioner, Mr. Sunil Kumar,
learned counsel appearing for respondent no. 3 and 4 and
J.C to A.A.G for the State.
5. In the counter affidavit filed by 2nd respondent-
Welfare Department of State of Jharkhand, it is stated that
on the basis of information submitted by the informant-Ram
Janam Vidhaka, a criminal case has been registered as
Bariatu P.S. Case No. 124 of 2011 dated 20.04.2011 under
Sections 467, 468, 471, 419 and 420 of the Indian Penal
Code against named accused Vijay Ram, Son of Sukhdeo
Ram, Resident of Masmano, P.S. Chanhao, District: Ranchi
for cheating and fraudulently getting Tractor-Trailor. In the
counter affidavit, it is further stated that investigation of the
said Bariatu P.S. Case No. 124 of 2011 is still pending.
6. In the counter affidavit, filed on behalf of
respondent no. 2, dated 13.03.2013, it has been stated that
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the allegations have been received in the Department and
are being carefully examined and if any truth is found in the
allegations, the Department will take action as per Rules.
7. So far as Ratu P.S. Case No. 29 of 2009 dated
21.02.2009registered under Section 307 and 120 B of the Indian Penal Code and 27 of the Arms Act, which relates to alleged occurrence in which the petitioner is said to have been shot, is concerned, in the counter affidavit, it is stated that Final Form vide Final Form No. 196 of 2010 dated 31.11.2010 has already been submitted. It appears that the petitioner, who is the informant in that case (Ratu P.S. Case No. 29 of 2009) has not filed any protest petition.
7. This 'Public Interest Litigation' is disposed of with a direction to the respondent nos. 8 to complete the investigation at a early date, preferably within a period of six months. We direct the 7th respondent to monitor the investigation.
8. Respondent no. 2 is hereby directed to monitor the matter at his level and take appropriate action, if required.
9. So far as Ratu P.S. Case No. 29 of 2009 is concerned, it is for the petitioner to work out his remedy in accordance with law.
(R. Banumathi, C.J.) (Shree Chandrashekhar, J) Alankar/-