Punjab-Haryana High Court
Bayer Cropscience Ltd vs State Of Haryana & Ors on 1 December, 2015
IN CWP No.19199 of 2015 [1]
CM No.12869-CWP of 2015 in/and
CWP No.19199 of 2015
BAYER CROPSCIENCE LTD.
VS.
STATE OF HARYANA AND ORS.
***
Present:- Mr. Sudershan Goel, Advocate, assisted by Ms. Rupinder Kaur, Advocate for the applicant. Mr. Rajiv Atma Ram, Sr. Advocate assisted by Mr. Arjun Pratap Atma Ram, Advocate for the non-applicant(petitioner).
Ms. Gaganpreet Kaur, AAG, Haryana Mr. Sukhbir Singh Sandhu, Advocate for CBI.
--
This is an application under Order 1 Rule 10 CPC for impleading the applicant - Bhiwani Sudhar and Vikas Samiti, Bhiwani (Regd.) having office at 185, M.C.Colony, Rohtak Road, Bhiwani, as respondent No.11.
It is stated that the applicant had filed a public interest petition CWP No.6757 of 2013 titled as `Bhiwani Sudhar Vikas Samiti(Regd.) vs. Union of India and others' seeking directions to appoint an independent investigating agency , CBI or special investigation team to unearth the corrupt role of respondents, senior officers of the Department, middlemen etc. in the matter of purchase and recommendation of `RAXIL 2 DS' fungicide. It was alleged that the decision mandating the treatment of wheat seeds using Raxil 2% DS, before its certification by the Haryana State Seed Certification Agency, was malafide and had resulted in misappropriation of subsidy GIANENDER KUMAR 2015.12.01 18:40 I attest to the accuracy and integrity of this document high court chandigarh IN CWP No.19199 of 2015 [2] funds provided by the Union of India under the Rashtriya Krishi Vikas Yojna (RKVY). The petition was admitted for final hearing. However, before it could be finally adjudicated , the State of Haryana passed order dated 14.8.2015 referring the matter to the CBI. Accordingly, CWP No.6757 of 2013 was disposed of as the relief claimed by the applicant had been granted and no further order remained to be passed. It was observed that the order shall not prejudice the legal right of any of the parties as may be available to them in accordance with law.
Ld. Counsel for the applicant has argued that it was due to the persistent efforts of the applicant that the alleged scam was unearthed and the matter ultimately referred to the CBI. He states that the impleadment of the applicant is necessary for proper adjudication of the writ petition. It would be in the larger public interest and safeguard against any attempt by the official respondents to save/ screen the political bigwigs who may be involved.
This application has been opposed by the petitioner- non-applicant by stating that the petitioner is neither a necessary nor a proper party. It has been argued that in this petition the petitioner has impugned the action of the State of Haryana entrusting the enquiry to the CBI. Thus, the lis is only between the petitioner and the respondent State of Haryana. Either the impugned action is legal or it is not. The applicant has no concern with it. Furthermore the applicant being an NGO is in GIANENDER KUMAR 2015.12.01 18:40 I attest to the accuracy and integrity of this document high court chandigarh IN CWP No.19199 of 2015 [3] no way affected by the use of RAXIL. The bona fides of the applicant is also sought to be contested by stating that the applicant is acting at the behest of the present Government, which has a motive to defame the previous government, which had taken the decision mandating the use of RAXIL , which is now sought to be investigated. A further ground has been taken that as per the Memorandum of Association of the applicant- society its area of operation is restricted to Bhiwani town and not to the entire state of Haryana.
Having heard the Ld. Counsel for the parties, I am of the view that that as essentially the lis, in the petition is between the petitioner and the State of Haryana, the applicant cannot be said to be either a necessary or proper party warranting its impleadment as a party- respondent.
But it cannot be ignored that much before the Government took the decision to get the matter investigated through the CBI, the the applicant had petitioned this Court in public interest that the decision to mandate the purchase of RAXIL 2% needs to be got investigated through an independent agency to unearth the corruption and misappropriation of public funds caused thereby, and in that respect the Government decision has vindicated its stand. Notwithstanding the contentions of the petitioner to the contrary, I see no reason to doubt the bonafides of the applicant, who at considerable cost has been espousing the public cause. Thus in my view it would GIANENDER KUMAR 2015.12.01 18:40 I attest to the accuracy and integrity of this document high court chandigarh IN CWP No.19199 of 2015 [4] be in public interest to permit the applicant to intervene in these proceedings.
For the purpose of this application I do not deem it necessary to go into the question raised by the Ld. Counsel for the petitioner regarding the objectives of the applicant being limited to Bhiwani town and not to the entire State of Haryana, as neither of the parties have placed on record the Memorandum of Association or the Objectives of the Society.
Accordingly, this application is disposed of by granting leave to the applicant to act as intervener in this petition.
December 01, 2015 (HARINDER SINGH SIDHU)
gian JUDGE
GIANENDER KUMAR
2015.12.01 18:40
I attest to the accuracy and
integrity of this document
high court chandigarh