Allahabad High Court
Vinod Kumar vs Union Of India And 7 Others on 22 May, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:87501-DB Chief Justice's Court Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1321 of 2025 Petitioner :- Vinod Kumar Respondent :- Union of India and 7 others Counsel for Petitioner :- Vinod Kumar Counsel for Respondent :-Manu Vardhana (C.G.S.C.), A.K. Goyal (A.C.S.C.), Udai Chandani Hon'ble Arun Bhansali, Chief Justice Hon'ble Kshitij Shailendra, J.
1. This petition, purportedly in public interest, has been filed by the petitioner seeking the following reliefs:-
"I. To issue writ, order, or direction in the nature of mandamus commanding the respondent no.3 to ensure the compliance of Article 150, 151, 282 and 283 of the Constitution of India and statutory provisions framed thereunder for allocation and utilization of funds appropriated under the Capital Account of the Consolidated Fund of the State Government and/or any other order or further orders or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.
II. To issue writ, order, or direction in the nature of mandamus commanding respondent no.8 to ensure verification of tax invoices, eway bills, toll tax receipts with reference to goods procured by the office of District Basic Education Officer/District Project Officer, Samagra Shiksha U.P. in each district of the State, and/or any other order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."
2. The petitioner, a practising Advocate of this Court indicating that he has no personal or private interest in the matter and that the result of litigation will not lead to any undue gain to himself or any one associated with him, has inter alia indicated that the petitioner is looking to save Government money and espouse the cause to save the State from illegalities committed by the officers.
3. Submissions have been made pertaining to provisions made by the State under Capital Account of the State fund in the budget estimates whereafter details have been given in relation to Central sponsored scheme by Samagra Shiksha and the provisions made for purchase of furniture whereafter allegations have been made of wrong doing since the year 2017 and violation of Government Accounting Rules and the fact that the petitioner has made complaints in this regard, however, the same has not been addressed.
4. A perusal of the writ petition alongwith its annexures clearly projects petitioner's obsession with the Accounting Rules as well as the provisions in the Constitution dealing with the budget etc. However, nothing concrete has been indicated in the petition reflecting violation of any statutory provision and/or wrong doing on part of the respondents. The allegations made and grounds raised in the petition, are all presumptive based on assumption that the Statute was being violated/must have been violated.
5. Filing of a PIL, based on such allegations, averments, grounds and assumptions, cannot be countenanced and no enquiry, which essentially would be a fishing and roving enquiry based on the apprehensions/assumptions, is permitted.
6. Consequently, petition has no substance. The same is, therefore, dismissed.
Order Date :- 22.5.2025 SL (Kshitij Shailendra, J) (Arun Bhansali, CJ)