D. S. Singh v. The Indian Council of Agricultural Research

1. This Public Interest Litigation has been preferred with the following prayers:- “a) Issue a writ, order or direction in the nature of certiorari by quashing the office order dated 23.04.2019 issued by the Director (HS) for and on behalf of the Secretary, Indian Council of agricultural Research, New Delhi; b) Issue a writ, order or direction in the nature of mandamus by way of commanding the Central Bureau of Investigation (CBI) or any other independent authority/agency to make thorough 2019:DHC:6907-DB investigation with regard to exact location of Indian Institute of Vegetable Research (IIVR) and submit the report in this regard to this Hon’ble Court by fixing the responsibility of its erring officials/ employees; and c) Issue a Writ, order or direction in the nature of mandamus thereby directing the respondents, their officers, agents or their representatives or anybody claiming through them to submit all the relevant records to the Central Bureau of Investigation and also co-operate in the investigation to be conducted by the CBI or any other independent authority; and d) Issue a Writ, order or direction in the nature of mandamus directing the respondent No.1 to recover the excess amount paid to the employees and officers of Indian Institute of Vegetable Research, Jakhini (Shahansapur), Varanasi (U.P.) towards H.R.A. and other allowances in the light of various G.Os. issued by the Government of India from time to time; and e) Issue a Writ, order or direction in the nature of mandamus by commanding the respondent No.1 to rename Indian Institute of Vegetable Research, Varanasi accordingly on the basis of the report submitted by the Central Bureau of Investigation or any other independent authority; and f) Award the costs of writ petition in favour of the petitioner.”

2. The petitioner through the present writ petition is requesting directions from this Court for initiation of a Central Bureau of Investigation (CBI) enquiry to ascertain the geographical location of Indian Institute of Vegetable Research (Institute), so that excess amount paid to the employees of the Institute against House Rent Allowance (HRA) may be recovered. It is submitted by the counsel for the petitioner that at present the employees are drawing HRA as per the rate fixed for the District of Varanasi (UP) payable @ 20%, whereas, the Institute is situated in the District of Mirzapur, wherein, the amount of HRA payable to the employees comes @ 10%.

3. Learned counsel for the petitioner has also submitted that earlier a writ petition being W.P.(C) No.3683/2015 was preferred by this petitioner and the same was disposed of by this Court vide order dated 15.03.2018 with the directions to the concerned respondent authority to pass a detailed speaking order.

4. Accordingly, a detailed speaking order has been passed by the respondent No.1 on 23.04.2019 (Annexure P-12 to the memo of this writ petition).

5. Being aggrieved by the aforesaid speaking order dated 23.04.2009 of respondent No.1/Indian Council of Agricultural Research, the present writ petition has been preferred as a Public Interest Litigation seeking therein for initiation of enquiry/investigation by CBI or any other independent agency to ascertain the actual location of Indian Institute of Vegetable Research (IIVR), as to whether the same is situated in Distt. Varanasi (U.P.) or Distt. Mirzapur (U.P.). The learned counsel for petitioner has submitted that as per the Annexure P-4 annexed to the memo of this petition i.e. revenue records, the Institute in question is situated in Distt. Mirzapur, therefore the HRA should also be payable at the rate applicable for Distt. Mirzapur.

6. Having heard learned counsel for the petitioner and looking to the facts and circumstances of the case, we see no reason to entertain this writ petition mainly for the following facts and reasons:-

(i) It appears that this petitioner after retirement from the Institute situated in the State of Uttar Pradesh, had earlier filed a writ petition bearing number W.P.(C) No.3683/2015. The said writ petition was disposed of by the learned Single Judge vide order dated 15.03.2018 in which some observations were made in paras 6 and 7 which read as under:-

(ii) Pursuance to the direction given by this Court in the aforesaid order dated 23.04.2019 passed in W.P.(C) 3683/2015, detailed speaking order was passed by the respondents.

(iii) As per the impugned speaking order dated 23.04.2019, passed by the respondents (Annexure P-12), the following are the observations recorded in para 3 to para 11 of the said order which are reproduced as under:-