1 2025:CGHC:8273-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 948 of 2025 1 - Abdul Sultan S/o Lt. Moh. Sulemaan Aged About 46 Years R/o Pandit Ravi Shankar Shukla Nagar, Migi/56, Korba District- Korba, ( C.G. ). ... Petitioner(s) versus 1 - State of Chhattisgarh Through- The Secretary, Urban And Development Department Mahanadi Bhawan, Atal Nagar, Raipur, District- Raipur, ( C.G. ). 2 - Director Urban And Development Department Mahanadi Bhawan, Atal Nagar, Raipur, District- Raipur, ( C.G. ). 3 - Joint Director Urban And Development Department Mahanadi Bhawan, Atal Nagar, Raipur, District- Raipur, ( C.G. ). 4 - Secretary Department Of Home Affairs, Mahanadi Bhawan, Atal Nagar, Raipur, District- Raipur, ( C.G. ). 5 - Anti Corruption Bureau Through- Superintendent of Police Director- Raipur ( C.G. ). 6 - Municipal Corporation Through- Its Commissioner District- Korba ( C.G. ). 7 - Mayor Municipal Corporation District- Korba ( C.G. ). 8 – Collector, District Korba, (CG). 8 - M/s S.N. Agrawal Through Its Proprietor S.N. Agrawal Power House Road, District- Korba ( C.G. ). ... Respondent(s) ____ For Petitioner : Shri Abhyuday Tripathi, Advocate. For State : Shri Shashank Thakur, Dy. Advocate General. For Respondents No.6&7 Shri Pankaj Agrawal, Advocate. Digitally signed by INDRAJEET SAHU Date: 2025.02.19 16:46:15 +0530 2 Hon'ble Shri Justice Ramesh Sinha, CJ Hon’ble Shri Justice Ravindra Kumar Agrawal, J Order on Board Per, Ramesh Sinha, CJ 18.02.2025 1. The petitioner has filed this writ petition seeking following reliefs: “10.1 That this Hon'ble Court may be pleased to direct the respondent authority to take and initiate actions against the officials involved in the concerned irregularities as found by the committee constituted for that purpose. 10.2 That this Hon'ble may be pleased to direct the respondent authorities to also initiate the recovery proceedings against all the officials concerned and private respondent to recover the amounts that has been paid in excess.” 2. Brief facts of the case are that, on 11.02.2015, an advertisement was published by the Commissioner of Municipal Corporation, District-Korba inviting for quotation for cleaning work in Ward No. 02, 13 Ratakhar, Laluram Colony, T.P Nagar area of Distric-Korba, amongst other areas. On 16/03/2015 a meeting was held by the Tender Committee, Municipal Corporation, District-Korba, consisting of Commissioner, Superintending OfÏcer, Chief Accounts OfÏcer of Municipal Corporation, District-Korba and proposed the tender amount for cleaning services within the municipal boundaries of said Ward. The committee finding the tender quoted by the respondent No.9 being lowest, accepted his proposal for said work. Pursuant to decision taken by the Tender Committee, a subsequent meeting was held by the Mayor-In-Council on 20/03/2015 and it was decided that the rate per worker proposed by the Private 3 respondent No.9 was the lowest rate and hence the proposal of respondent No.9 was duly accepted by the Mayor in Council and work order was issued by the Commissioner of Municipal Corporation with a direction to complete the same within 12 months (Including rainy seasons too) in accordance with the terms and conditions of the agreement executed between them. 3. The contention of the petitioner is that from July 2017, the rate was increased to Rs. 372/- per worker per day from 289/- as agreed between the parties while executing tender. The final bill for the entire duration of the work was prepared at the increased rate of Rs. 372/- per worker per day, resulting in a total amount of Rs. 1,37,35,200/- whereas, according to the contract, the total payment should have been Rs. 1,06,70,625/-. Further, the said work order ordered to be completed with one year, valued at Rs. 66,34,240/- under the terms of the contract. However, final bill was made to Rs. 2,28,84,254/- as the work was continued even after the expiration of the stipulated duration by increasing rate from Rs. 289/- to Rs. 372/-. This payment constitutes a breach of the tender contract and is in violation of the Chhattisgarh Municipalities (Conduct of Business of the Mayor-In-Council/President-In-Council and the Powers and Functions of the Authorities) Rules, 1998, as it was executed without obtaining the requisite competent approval. Thus, there was misappropriation of government fund in connivance with some departmental ofÏcial. 4. Indisputably, the petitioner made his complaint to the Incharge Police Outpost Rampur, Thana City Kotwali on 13.06.2022 (Annexure P/8) alleging all his contentions which has been raised in this petition. 4 Thereafter on 15.09.2023 the Joint Director, Town & Country Planning, Bilaspur, had ordered for constitution of a five members enquiry committee. The said enquiry committee submitted its report on 14.03.2023 to the authorities concerned where irregularities and anomalies were found in the said projects and amount was stated to be embezzled, but inspite of said report, no departmental action have been taken by the department against the erring ofÏcial. 5. Be that as it may, considering the fact that the petitioner has already approached the authorities concerned and orders have been passed, we are not inclined to grant relief to the petitioner in the present writ petition. If the said order is not being complied with, the petitioner is at liberty to take recourse of law available to him before the appropriate forum. 6. The writ petition is hereby dismissed. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice inder