Gopal Singh Bisht vs Kumaun University & Others

Manoj Kumar Tiwari, J

Petitioner is a resident of Nainital, who claims to be a public spirited person.

This writ petition has been filed in public interest highlighting the financial irregularities committed by authorities of Kumaon University while making arrangements for 16th Convocation ceremony, held on 07.03.2020. According to petitioner, excess payment was made to respondent nos. 6, 7 & 8 for water proof tent, without inviting bids.

The relief sought in the writ petition are as follows:-

(i) Issue a writ, order or direction in the nature of mandamus commanding/directing the respondent no. 4 to conduct an enquiry regarding financial irregularities in 16th Convocation Ceremony of Kumaun University by an independent agency for fixing responsibilities.

(ii) Issue a writ, order or direction in the nature of mandamus commanding/directing the respondent no. 1, 3 & 4 to recover public money which has been illegally paid to private respondents de hors the rules in 16th Convocation Ceremony of Kumaun University.

(iii) Issue a writ, order or direction in the nature of mandamus commanding/directing the respondent no. 1, 3, 4 & 5 to initiate criminal proceedings against all those involved in making illegal payments from public exchequer to private respondents de hors the rules in 16th Convocation Ceremony of Kumaun University.

Learned counsels for the respondents submit that soon before the Convocation, Meteorological Department made a forecast of heavy rains on 07.03.2020, since time was not sufficient for floating tenders, therefore water proof tent was arranged, without inviting bids, to ensure that the Convocation Programme is not disrupted due to bad weather.

With the counter affidavit filed on behalf of respondent nos. 1, 2 & 3, a report submitted by a three member inquiry committee constituted by the University has been enclosed. Perusal of the said report indicates that due to bad weather, last minute change in arrangements became necessary.

Pursuant to order dated 24.03.2021, State counsel produced the report of the committee constituted by State Government, before the Court, which was taken on record, vide order dated 07.04.2021. Perusal of the said report indicates that the Audit Team has made some observation regarding violation of Uttarakhand Procurements Rules while procuring goods and services for organising 16th Convocation of Kumaon University.

Since the issue raised in the writ petition has been addressed and the report of the Special Audit Team has also been brought on record by the State Government, therefore, we are of the considered opinion that in the facts and circumstances of the case, no further direction would be necessary. Accordingly, we close this writ petition filed in public interest with liberty to the Competent Authority to take appropriate action on the report of Special Audit Team, as per law.