HVK Archives: CJ of Patna HC calls for President's rule in Bihar
CJ of Patna HC calls for President's rule in Bihar - The Times of India
Kumud Kishore Sinha
()
13 August 1997
Title: Chief justice of Patna HC calls for President's rule in Bihar
Author: Kumud Kishore Sinha
Publication: The Times of India
Date: August 13, 1997
Chief justice of Patna high court B.M. Lal said on Tuesday that there was a
total collapse of administration in -the state and the situation warrants
imposition of President's rule.
The chief justice opined that Article 356 of the constitution empowered the
high court also to suggest a spell of President's rule and said that the
recommendation by the governor alone was not necessary.
The chief justice was referring to the wordings of Article 356 which says
that the President's rule may be imposed If the President is satisfied that
the state government cannot function in accordance with the provisions of
the constitution on "receipt of a report from the governor of a state or
otherwise."
Mr Justice Lal made the observation following an affidavit filed by deputy
accountant-general, confirming to the court that a test audit carried out
by state auditors had revealed fraudulent payments worth about Rs 10 crores
made to people supposedly working on muster rolls in different districts.
The court had earlier directed the A-G to carry out the test audit after
three state government officers, including the then commissioner of rural
development, had in their affidavits denied any Irregularity in the
payments. In fact, they had described the complaint as "false and frivolous."
The deputy accountant-general's affidavit painted a dismal picture and
hinted at gross financial irregularities in the implementation of many
Centrally-sponsored schemes. The affidavit said that if the court so
desired, the A-G was prepared to carry out the audit all over the state in
place of the random sampling done so far. The concerned 'public Interest
litigation' was initiated last year by the Sanyukt Nagarik Manch of Pakur
after the state government transferred an executive engineer in the rural
development department, who lodged an FIR as an informant, and the then
Pakur SP Arvind Pandey, within ten days of the SP having registered the
FIR. The petitioners had maintained that since no investigation had taken
place, the state government was In no position to dismiss the complaint as
false. The PIL, therefore, had prayed for a CBI inquiry into the matter.
The chief justice and his colleague justice S.K. Singh pulled up
bureaucrats as well and said that they seemed to be dancing to the tune of
politicians. They directed the state government to file another affidavit
in the light of the findings submitted by the deputy accountant-general.
The state government has been asked to explain how it proposed to
investigate the scandal and also what action it proposed to take against
the officials who had filed misleading affidavits earlier. The court has
also sought an explanation on the transfer of the SP and the executive
engineer. The case is likely to come up for further hearing on August 19
before the same bench.
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