Paardarshita Public Welfare Foundation v. UOI and Ors

MANMOHAN, J OCTOBER 20, 2010

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision:20th October, 2010 + W.P.(C) 6802/2010 PAARDARSHITA PUBLIC WELFARE FOUNDATION ..... Petitioner Through: Mr. Harkrishan Das Nijhawan, petitioner in person. versus UOI AND ORS ..... Respondents Through: Mr. Parag Tripathi, ASG with Mr. Ajay Vohra, Mr. Kapil Dutta and Mr. Anuj Bhandari, Advocates for MCD. Mr. Anil Amrit, Advocate for NDMC. Mr. Vikas Pahwa, Advocate with Ms. Suchiti Chandra, Advocate for CBI. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE MANMOHAN 1. Whether the Reporters of local papers may be allowed to see the judgment? Yes 2. To be referred to the Reporter or not? Yes 3. Whether the judgment should be reported in the Digest? Yes DIPAK MISRA, CJ: If there has been abuse of the process of public interest litigation in a court in its conceptual essentiality and connotative eventuality, it can irrefragably be stated that the present litigation which has been styled as a `Public Interest Litigation' by a non-Governmental organisation represented by its General Secretary frescoes a picture and projects the scenario in the complete sense inasmuch as it fits into the said compartment in an apple pie order for the conduct shown by the representative not only buries all sense of propriety but also, as the facts would unfurl, endeavours in a maladroit manner to gain advantage of certain beneficial legislation and judge made law. We have commenced the order with a prologue of this nature as the gradual undraping of the factual matrix would vividly so reveal. 2. The petitioner-Paardarshita Public Welfare Foundation, a non- Governmental organization, represented by Mr. Harkrishan Das Nijhawan, the General Secretary has preferred this Public Interest Litigation with the following prayers:- "(i) To direct the respondents to initiate thorough investigation on this matter being a very serious issue and register F.I.R. against the indicted government official as well as the contractor, private agencies for bringing shame to our nation and large scale bungling in public fund (Government Money). (ii) Pass such other or further order as this Hon'ble Court may deem fit so these kind of ill malpractices being carried out by government engineers of various department may not reoccur in future besides fixing responsibilities for causing loss to the government exchequer. Further it is humbly submitted that Hon'ble Court may pass orders for ensuring recovery of looted fund, attachment of their properties, lockers and other non declared assets from the culprits government officials, contractors and other private persons those found involved in the above illegal act will be prosecuted as per the law of the land, which alone being an non Government Organisation we cannot do without a strict norms and orders issued by this Hon'ble High Court." 3. It is asserted in the petition that the General Secretary of the Non- Governmental Organisation is a social worker and is dedicated to expose the corruption and initiate proceedings against the corrupt government officers. It is asseverated that the petitioner received information from various sources that officials of MCD, NDMC and other Government Engineering Departments entrusted with the execution of engineering works under Common Wealth Games have flouted CVC guidelines and CPWD specifications for their personal gains at the cost of public exchequer. 4. It is urged that the petitioner has submitted numerous complaints to the higher authorities but the same have fallen on deaf years, the authorities have maintained a sphinx-like silence. Allegations have been made how their favourite officers have allotted work to their favourite contractors without following the norms. In this background, the aforesaid reliefs have been sought. 5. Be it noted, with regard to allegations made in respect of siphoning of funds, Union of India has constituted a Committee namely, Shunglu Committee. Today, in two other writ petitions, this Court has d