Naveen Bhagat vs The State Of Jharkhand on 18 November, 2019
6. On the contrary, learned counsel for the respondent no.4 submits that
a complaint was filed before the Lokayukta by one Abhimanyu Tiwari
of Daltonganj, Dist. Palamau alleging that there have been mass
irregularities in installation of fluoride removal machine in different
villages of Palamau District under Rural Water Supply Scheme of
National Rural Drinking Water Programme, funded by the Government
of India. The learned Lokayukta called preliminary enquiry report from
the Additional Director General of Police, CID, Ranchi and, thereafter,
vide order dated 8th August, 2012, the Vigilance Commissioner,
Department of Cabinet Vigilance was directed to enquire into the
matter. Thereafter, the Cabinet Vigilance Department submitted report
to the office of the Lokayukta finding various irregularities committed
by several public servants. Thereafter, the show cause notices were
issued to the petitioners and they submitted their respective replies.
The Lokayukta in the impugned order dated 19th August, 2019 after
thoroughly considering the facts involved in the matter recommended
the Secretary, Drinking Water and Sanitation Department, Government
of Jharkhand, who is the controlling authority and the head of the
department, to take lawful action against 16 public servants including
the petitioners. Learned Lokayukta vide impugned order dated 19th
August, 2019 has duly considered the specific role of the petitioners
wherein it has been found that though no work was ever started for
removal of fluoride from the installed plant, yet the payment was made
to the contractors for the purpose of repair of 60 fluoride removal
treatment plants in the year 2012-13 by preparing improper estimates.
It is further submitted that a Bench of this Court, while considering a
similar matter in the case of Ravi Shankar Pandey Vs. The State of
Jharkhand & Ors. (W.P.(Cr.) no.221 of 2013), has dismissed the said
writ petition vide order dated 20th March, 2015 with following
observations:-