Bombay High Court
Rajkumar Madhavrao Deshmukh And Anr vs The Union Of India And Others on 3 August, 2021
Author: S. G. Mehare
Bench: Ravindra V. Ghuge, S. G. Mehare
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
910 CRIMINAL PUBLIC INTEREST LITIGATION NO.2 OF 2020
RAJKUMAR MADHAVRAO DESHMUKH AND ANR
VERSUS
THE UNION OF INDIA AND OTHERS
...
Advocate for Petitioners : Mr. Thigale Girish K. (Naik).
ASGI for Respondent No.1 : Mr. A. G. Talhar.
AGP for Respondent Nos.2 to 5 : Mr. S. B. Yawalkar.
...
CORAM : RAVINDRA V. GHUGE, AND
S. G. MEHARE, JJ.
DATE : 03.08.2021 PER COURT :-
1. We have extensively heard the learned counsel for the parties and have perused the voluminous record produced by the District Collector, Beed.
2. Since the specific directions set out in the order dated 21.01.2021 passed by this Court (Coram : The Hon'ble Chief Justice and Ravindra V. Ghuge, J.) were not complied with by the District Collector, this Court (Coram : The Hon'ble Chief Justice and Ravindra V. Ghuge, J.) passed an order on 16.06.2021 as under :
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2 910-PIL.2-20.odt "1. By an order dated 21.01.2021, this Court required the Collector, Beed to carry out an investigation of the nature indicated therein qua points (a) to (l) and to file a detailed affidavit with supporting documents pertaining to such investigation on or before 03.04.2021. The Public Interest Litigation was made returnable on 06.04.2021.
2. No affidavit was filed by the Collector till yesterday.
When the Public Interest Litigation was taken up for consideration, Mr.Karlekar, learned APP appearing on behalf of the Collector, assured that an affidavit would be filed during the course of the day for our consideration and a request was made to adjourn hearing till today.
3. Today, we have considered the affidavit of the Collector. It appears that after communication of the order dated 21.01.2021 to the Collector by the office of the Government Pleader on 27.01.2021, the Collector went into deep slumber and woke up on 09.03.2021. On that day, he constituted a five- member Enquiry Committee for the purpose of conducting an enquiry in respect of the points indicated in the order dated 21.01.2021. Such committee was required to submit its report before the Collector by 25.03.2021. All relevant papers including the enquiry report were directed to be placed before the Collector before 03.04.2021. The affidavit of the Collector says that because of the second wave of the pandemic, it has not been possible for him to take further action in the matter. Responding to our query, Mr.Karlekar submits that the report of the enquiry committee is not yet ready.
4. We can take judicial notice that because of the second wave of the pandemic, restrictions were imposed in the State more or less in the beginning of the second week of April, 2021. There was, therefore, no real impediment caused by the second wave of the pandemic, which could have disabled the incumbent Collector not to comply with the order of this Court.
5. Prima facie, we are of the opinion that the incumbent Collector has exhibited an extreme lack of solitude for the rule of law and conducted himself in a manner not befitting the responsible office he holds. Having regard to his conduct, the matter needs to be dealt with appropriately under the Contempt of Courts Act, 1971 (hereafter "the Act", for short). However, ::: Uploaded on - 04/08/2021 ::: Downloaded on - 24/09/2021 22:52:38 ::: 3 910-PIL.2-20.odt before we draw up proceeding by issuance of Rule Nisi under the Act against the incumbent Collector, we wish to grant him one further opportunity to explain his conduct. Within 10 (ten) days from this date, the incumbent Collector shall file an affidavit and explain to the satisfaction of this Court why it should desist from initiating proceedings against him under the Act.
6. We make it clear that pendency of this Public Interest Litigation shall not preclude the incumbent Collector to take meaningful, worthwhile and effective steps for ensuring that the enquiry ordered by him is taken to its logical conclusion by submission of enquiry report by the Enquiry Committee at the earliest. If such report is made available to the incumbent Collector, he shall not waste further time to take appropriate steps as would be necessary on facts and in the circumstances.
7. Hearing of this Public Interest Litigation stands adjourned to 30.06.2021.
8. After the aforesaid order is dictated, Mr.Thigale, learned advocate for the petitioners, submits that the enquiry committee constituted by the Collector comprises of members, who are themselves guilty of malpractices and, therefore, the report of the committee would be anything but creditworthy. This aspect of the matter shall be considered by the Court on the returnable date."
3. Having passed the above order, the District Collector, Beed, Mr. Ravindra Jagtap swung into action and filed an affidavit-in-reply on 25.06.2021. We had directed him to consider all the issues listed out by us and present before us a detailed reply. Affidavit-in-reply dated 15.06.2021 actually runs into 1 and ½ page, wherein he claims that he was not aware of the order of this Court dated 21.01.2021. After he received a communication from the office of the Public ::: Uploaded on - 04/08/2021 ::: Downloaded on - 24/09/2021 22:52:38 ::: 4 910-PIL.2-20.odt Prosecutor, High Court, he applied for a certified copy of the order and received the same on 23.02.2021. This is clearly an instance of putting forth a lame excuse, keeping in view that the learned G.P. had supplied a copy of the order to him, inasmuch as, the Divisional Commissioner, Aurangabad had also served a copy of the order on the District Collector in the first week of February 2021.
4. We have considered his affidavit-in-reply dated 25.06.2021. He has stated that he has formed an Investigation Committee on 08.03.2021 to comply with the directions of this Court dated 21.01.2021. We have perused the papers placed before us which indicate that the District Collector held a meeting on 26.02.2021 and the minutes of the meeting indicate that he has made his noting as " ppkZ dsyh. Formed Committee for the compliance of Hon. H. C. as per the order 21.01.2021." On 09.03.2021, he formed a five (5) members committee, all of whom are connected with the various departments which are under a cloud of doubt on account of the P.I.L. filed by the petitioner alleging misappropriation and siphoning of huge funds. Though these five officers were not a part of the said department when the alleged misappropriation ::: Uploaded on - 04/08/2021 ::: Downloaded on - 24/09/2021 22:52:38 ::: 5 910-PIL.2-20.odt has taken place, they are the officers who are presently handling the same departments. Moreover, the District Collector has not signed on this order of formation of a committee and it is informed that the then Deputy Collector has signed the said order, though the Collector was not on leave. The learned AGP is instructed to tell us, by Mr. Pravinkumar Narayanrao Dharamkar, Deputy Collector (EGS), Beed that this was not the Committee who was supposed to investigate the issues framed by us. This Committee was formed only for collection of documents. As such, neither has the District Collector spear headed the investigation as ordered by us, nor has he found it appropriate to form a Committee of such persons whose career records are above board and are unconnected with the departments in which the misappropriation has allegedly taken place.
5. The learned AGP has then placed before us a compilation of fourteen 14 pages, which is taken on record and marked as 'X-1' collectively for identification. The District Collector has addressed one letter to the Chief Executive Officer, Zilla Parishad, Beed at page No.1 admitting that the audit reports for the years 2010-2011 till 2018-2019 indicate ::: Uploaded on - 04/08/2021 ::: Downloaded on - 24/09/2021 22:52:38 ::: 6 910-PIL.2-20.odt that cash payments and payments through bearer cheques worth crores of rupees have been made and such type of payments are completely prohibited by law. Surprisingly, on page 2 of the said communication, the District Collector has advised the Chief Executive Officer, Zilla Parishad about these serious illegalities by stating that ^^;k xaHkhj eqn~n;kaps vuqikyu loZ laca/khr xV fodkl vf/kdkjh ;kapsdMwu izkIr d#u ?ksmu vuqikyu vgoky ,d vkBoM;kP;k vkr lknj djkok**. The English translation of this sentence is that "a proper compliance should be made in the context of all these serious illegalities". It is beyond our comprehension as to how could the District Collector give such an advice to the CEO when illegal cash payments and payments by bearer cheques have been done in 2010 to 2019. What type of compliance can be made by the CEO, Zilla Parishad in the backdrop of these serious illegalities, which have been termed by the petitioner as instances of misappropriation. The only meaning that can be derived out of such communication is that the District Collector has advised the CEO to resort to such documentation that would cover up these illegalities. Similar letters have been written by the same District Collector on 02.07.2021 addressed to the ::: Uploaded on - 04/08/2021 ::: Downloaded on - 24/09/2021 22:52:38 ::: 7 910-PIL.2-20.odt District Superintendent Agriculture Officer, Beed, Divisional Forest Officer, Social Forestry, Beed, Divisional Forest Officer, Beed and District Sericulture Officer, Class-I, Beed. Considering cash payments of crores of rupees made over a period of nine (9) years, apparently the District Collector desired to cover up the misappropriation by directing "compliance" of all such instances.
6. We have given a close look to the affidavit dated 15.06.2021 and 25.06.2021 filed by the District Collector, Beed and at the various audit reports running into thousand of pages, placed before us. These reports carry specific dates and signatures of the auditors. These audit Reports are for the period 2010-2011 to 2018-2019, which have fully exposed a 'SCAM'. We are shocked by what we have seen in these reports. We open any page of any report and we find gross illegalities like, specific bills not being raised, crores of rupees being disbursed in cash and by bearer cheques, miserable failure in GST/TDS/VAT/TIN compliances, no names are found on the bearer cheques though payments have been made to the tune of crores of rupees in about 9 to 10 years, details of work done are not placed before the auditors, bills raised and ::: Uploaded on - 04/08/2021 ::: Downloaded on - 24/09/2021 22:52:38 ::: 8 910-PIL.2-20.odt sanction of appropriate authorities through documentation are missing. Crores of rupees having been paid to firms/individuals, for example R. B. Latte, Nath Krupa, Shri. Ganesh Traders, Bhagyalaxmi Traders, Shri. Siddheshwar Earth Movers, Shri. Sai Traders, Dutta Krupa Trading Company, Mauli Traders, Ashwini Traders, Om Traders and many more such entities, by cash or bearer cheques. The nature of the work done is mentioned as "Road Dabai, Khadi Murum, Murum Vahtuk, Khadi Dabai, Murum Dabai, Walu and Khadi etc."
7. In the face of such illegalities, the District Collector, much to our disappointment and contrary to our order, advised his Officers to put the papers in proper places and submit compliance reports. This is unconscionable. He has defied our directions with impunity. Instead of ordering the lodging of offences for misappropriation, he spent time in advising various authorities to complete paper work urgently, which has shocked us.
8. Though the learned AGP has strenuously attempted to suggest that this is not the intention of the District Collector ::: Uploaded on - 04/08/2021 ::: Downloaded on - 24/09/2021 22:52:38 ::: 9 910-PIL.2-20.odt (as is noticed by this Court), we are unable to be convinced since the conduct of the District Collector can be assessed by the steps he initiated and advised authorities to create papers and documentation by stating ^^;k xaHkhj eqn~n;kaps vuqikyu loZ laca/khr xV fodkl vf/kdkjh ;kapsdMwu izkIr d#u ?ks.ks**.
9. It is, therefore, apparent that our observation set out in paragraph No.5 of the order dated 16.06.2021 that " prima facie, we are of the opinion that the incumbent Collector (Mr. Ravindra Jagtap) has exhibited an extreme lack of solitude for the rule of the law and conducted himself in a manner not befitting the responsible office he holds. Having regard to his conduct, the matter needs to be dealt with appropriately under the Contempt of Courts Act, 1971, (hereinafter "the Act'" for short)", has been further strengthened. We have thus lost complete faith and trust in the District Collector, Mr. Ravindra Jagtap. There is a serious possibility that he would botch the investigation if he is continued to be the Collector, being the head of the district administration. He has already commenced a cover up operation.
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10. We are, therefore, directing the Chief Secretary of the State of Maharashtra to transfer the District Collector, Beed Mr. Ravindra Jagtap outside the said district and by following the due procedure appoint another District Collector in his place with promptitude so as to enable an impartial investigation in terms of the issues framed by us in our order dated 21.01.2021. We would be issuing further directions to the newly appointed District Collector and for which, we are listing this P.I.L. on 18.08.2021, at 2.30 p.m.
11. Considering the conduct of the present District Collector Mr. Ravindra Jagtap, office to issue a show cause notice under the Contempt of Courts Act in the requisite format, returnable on 18.08.2021.
(S. G. MEHARE, J.) (RAVINDRA V. GHUGE, J.)
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