‘RIGHT TO CORRUPTION FREE SERVICE IS HIS FUNDAMENTAL RIGHT’: A RETIRED ARMY OFFICER PLEADS BEFORE HIGH COURT

LEGAL CORRESPONDENT, CHANDIGARH, 07.10.2015: A Petitioner Subedar Major Janakraj resident of Ambala has approached the High Court of Punjab & Haryana; against the Vigilance Department for its failure to take action on his series of representations providing information about corruption in the construction of streets, drainage channels fictious earth filling etc. in his village Kanwala., by forging the bills, MB, inspection reports etc.

             The Petitioner through his Advocate Pardeep Rapria has alleged in his petition that through series of his representations supported with documentary evidence and his statement on oath in the way of Affidavit he had provided specific information about corruption in the execution of public works by Panchayat Department. But despite his rigorous follow up of the matter with the Vigilance no action appears to have been taken on his representations. The Petitioner has sought directions to the Vigilance Department and Vigilance register case against the Engineers, SDO, BDPO, Sarpanch etc. for indulging in corruption in public utility works. Further, the Petitioner pleads before the High Court that the Fundamental Right of the citizens to have corruption services has been violated by the act of the Govt. officials. The summary extract of the petition is as follows:

The present petition seeking writ in the nature of mandamus is actuated by the the failure of the Respondents to perform their statutory duty to get investigated the offences of corruption in public works. The inaction and laxity in taking action on the series of representations/written information substantiated by documentary evidence, since last more than 2 (two) years, has lead to the spontaneous corollary of deemed refusal to perform the statutory duty on the part of the Respondents.

The present Petition involves the important questions of law of general public importance and interpretation of the Articles 36-51, 51A, 14, 19 and 21 of the Constitution  as to:

Whether the citizens have a Fundamental Right to Corruption Free Service, as a spontaneous corollary of the Article 14, 19 and 21 read with the Article 36-51, 51A of the Constitution of India?

The tale of peculiar affairs of specific law and undisputed facts involved the present case unfolds as follows:

Whereas, corruption is anathema to economic wellbeing as it transmits public money allocated for development unjustly into private coffers depriving the citizenry of its use for their welfare. Hence, corruption threatens the rule of law, democracy and human rights; undermines good Governance, fairness and social justice; distorts competition, hinders economic development, and endangers the stability of democratic institutions and moral foundations of society.

Whereas, the spontaneous corollary of the combine reading of Article 14, 19 21 and Article 51A of the Constitution, Section – 39 Cr.PC, and the Directive Principles of State Policy under Constitution and the constitutional jurisprudence developed by the catena of judgments of the higher judiciary; culminate into the constitutional philosophy that the Indian citizens have a fundamental right to corruption-free services. Ours is a constitutional democracy and it is axiomatic that citizens have the Fundamental and Human Right to live in corruption free society.

Therefore, with a view to eliminate corruption, the Haryana Govt. vide letter No. 9/5/2003-1 Vig. (1) Dated 28th July, 2004, has set up Vigilance Department which is the nodal department of the Govt. for taking anti-corruption measures. And, the State Vigilance Bureau is the main investigative wing of Vigilance Department. The principal objective of the Vigilance Department and the State Vigilance Bureau Haryana is to curb the evil of corruption amongst Public Servants and to prevent leakage of Government revenue by taking action against unscrupulous Government Servants who indulge in mal-practices and corruption.

Whereas, the importance of the Vigilance Department can be gauged from the fact that this department function directly under the Chief Minister as Minister-in-Charge. The Chief Secretary to the Govt. of Haryana functions as the Administrative Secretary of the Department. The Govt. has conferred primacy on the Vigilance Department in anticorruption matters.

Whereas, the Petitioner bound by the legal duty emanating from the Article 51A(Fundamental Duties) and Section – 39 Cr.PC (Mandatory duty to give information of offences) coupled with the guiding Directive Principles of State Policy and as per the guidelines envisaged in the State Vigilance Manual, through series of representations since last more than 2(two) years, had provided written information to the Respondents; about the rampant corruption in the execution of Panchayat works in his village, with a legitimate expectation of investigation into the huge corruption in the construction of streets, drainage channels, fictitious earth filling etc. in his village.

Whereas, the attribute of well established principle of responsiveness in governance necessitates that all public institutions and their processes strive to serve all stake holders within a reasonable time frame.

However, the Respondents have failed to take necessary action within a reasonable time; even after lapse of more than two years on the series of representations of the Petitioner. It appears that they have turned blind eye to the violation of Fundamental and Human Right of the citizens to live in corruption free society.

Hence, aggrieved with the deemed refusal to perform legal duty on the part of the Respondents, the Petitioner is constrained to invoke the jurisdiction of this Hon’ble Court under Article 226/227 of the Constitution of India."

 

            Matter is likely to be listed for arguments before the High Court on Monday (12.10.2015) If the Petitioner succeeds in his efforts; it will be a great positive contribution in the crusade corruption.