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THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Civil.Misc.APPLICATION NO._____ OF 2018
IN (On behalf of Petitioner)
IN WRIT PETITION (P.I.L) NO 90 OF 2010 (Under Article 226 of the Constitution of India)
District- Dehradun
Rural Litigation and Entitlement Kendra (RLEK) (through its Chairman), Avdhash Kaushal, S/O Sh. Late Ganga Saran, R/O 68/1, Suryalok Colony, Rajpur Road, Dehradun, Uttarakhand ....Petitioner
Versus
1. State of Uttarakhand, Through Chief Secretary, Government of Uttarakhand, Dehradun.
2. Shri NarainDutt Tiwari, Former Chief Minister Uttarakhand Annexe, Forest Research Institute, Dehradun, Uttarakhand
3. Shri Bhuvan Chandra Khanduri Ex. Chief Minister, Uttarakhand A-1/A-2, Yamuna Colony Dehradun, Uttarakhand
4. Shri Bhagat Singh Koshiyari, Former Chief Minister, Uttarakhand 17,NewCantt Road, Dehradun, Uttarakhand
5. Shri. Ramesh Pokhriyal “Nishank Former Chief Minister, Uttarakhand R-4, Yamuna Colony, Dehradun, Uttarakhand.
6. Shri. Vijay BahugunaBijapur Guest House Cantt Road, Dehradun, Uttarakhand
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To,
The Hon’ble the Chief Justice and his other companion Judges of the aforesaid court.
The applicant, most respectfully submits as under:-
1) That the full facts and circumstances have been stated in the accompanying affidavit and annexures filed in support thereof the same may be read in support of the application.
2) That in the light of abovementioned circumstances petitioner prays to the Hon’ble Court that all the government money spent on the former chief minsters of the state may be recovered from them forthwith otherwise the public interest and government exchequer shall suffer irreparable loss and injury.
P R A Y E R
It is, therefore, most respectfully prayed that:
A. Respondent no 1/Chief Secretary State of Uttarakhand may be
directed to recover all the government money spent on travel,
vehicle maintenance, fuel, taxi hiring, salary to drivers, salary and
honorarium to staff, electricity dues, telephone dues, security
guard expenses at their bungalows in Dehradun and at their
ancestral houses or/and any other expenditure incurred by the
state as their status of former chief-minister of state of
Uttarakhand, forthwith otherwise the public interest and
government exchequer shall suffer irreparable loss and injury.
B. Respondent no 1/Chief Secretary State of Uttarakhand may be
directed to produce before this Hon’ble court the calculation and
records of all the government expenditure done by it on the travel,
security, stay, communication or any other facility given to private Bar & Bench (www.barandbench.com)
respondents in the capacity of former chief minister of the state of
Uttarakhand.
Date:
(Dr. KartikeyHari Gupta)
Advocate Counsel for the Petitioner
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IN THE HIGH COURT OF UTTARAKHAND ATNAINITAL AFFIDAVIT IN Civil. Misc. APPLICATION NO._____ OF 2018
IN WRIT PETITION (P.I.L) NO 90 OF 2010 (Under Article 226 of the Constitution of India)
District- Dehradun
Rural Litigation and Entitlement Kendra (RLEK) ....Petitioner Versus
State of Uttarakhand and Others …Respondents
Affidavit of Shri. Avdhash Kaushal, Chairperson, Rural Litigation and Entitlement Kendra, Dehradun, aged about 79 years, s/o Late Shri. Ganga Saran R/o 68/1 Surya Lok Colony, Rajpur Road, Dehradun, Uttarakhand. Deponent I, the above named deponent do hereby solemnly affirm and state on
oath as under:-
1) That the deponent is the Chairman of the petitionerorganization and
authorized to file legal proceedingsin the aforesaid writ petition and is
fully acquainted with facts and circumstances of the case.
2) That the state of Uttarakhand at government expense is providing
travel and other facilities to the former chief ministers in the state since
last eighteen years without there being any provision in the law in the
state for giving them such government facilities in the state or outside.
3) That the Uttar Pradesh Ministers (Salaries, Allowances and
Miscellaneous Provisions) Act 1981 (hereinafter called as Act 1981)
was never adapted and modified in the State of Uttarakhand. That the
Act 1981 had no applicability in the state of Uttarakhand from the date
of its creation and till today. Bar & Bench (www.barandbench.com)
4) That the state government has time and again relied in the Former
Chief Ministers Residential Accommodation Rules 1997 before this
Hon’ble Court. It is pertinent to mention here that these rules has been
declared unconstitutional by the Hon’ble Supreme Court of India.
Secondly these rules of year 1997 were never adapted and modified
for their application in the state of Uttarakhand. Lastly Rules of year
1997 as it is cannot be applied in the state of Uttarakhand as in the
rules itself place residence could only be provided with in the territory
of “Lucknow”. There is no place in the Uttarakhand called as
“Lucknow” hence all and any allotment from the very in caption was
illegal arbitrary and a malafide exercise of power by the government
in connivance of the private respondents.
5) That the government officials are in connivance of the private
respondents and the affidavit filed by the state of Uttarakhand in the
Hon’ble Court on 06-03-2017 filed under the oath of Shri C S
Napalchyal Secretary Estate department is ample proof of the
government support available to private respondents. For the ready
reference of the Hon’ble Court, contumacious pleading of the state of
Uttarakhand in the said affidavit are reproduced here in below
“ 7 That it is most respectfully submitted here that the house rent has
been paid only by the Former Chief Ministers Mr. Vijay Bahuguna and
Mr. Ramesh Pokhariyal Nishank, the house rent from other Chief
Ministers are yet, to be received, and it is prayed that the Hon’ble
Court may direct the Former Chief Ministers except Mr. Mr. Vijay
Bahuguna and Mr. Ramesh Pokhariyal Nishank to deposit the
dues with in a particular time period. Bar & Bench (www.barandbench.com)
6) That above-mentioned pleadings are in direct and willful violation of
the Hon’ble High Court Order dated 16-02-2017 and for the same it is
humbly prayed that contempt proceedings may be initiated against
the deponent officer of the respondent no 1.
7) That the petitioner has tried to take information under right to
information act from various departments of the state of Uttarakhand
and to the best of his abilities has tried to calculate the illegal
expenses done on various facilities given to theseprivate
respondents/ former chief ministers of the state. For the ready
reference of the Hon’ble Court the calculated amount reached to Rs
and given as under-
Total Amount (Approx.)
S.no Particulars Total
1. Vehicle Maintenance 16375969 2. Fuel out of Dehradun 654633 3. Taxi Hiring 233083 4. Salary to Drivers 12548247 5. Honorarium to Staff 15216165 6. Electricity Expenses 6391027 7. Telephone Expenses 404621 8. Gunnor from Pithoragarh 3076538 9. Security Guard at Almora 541068 10. Security Guard at Pauri 1539568 11. Security Guard at Bageshwar 9780691 12. Security Guard & Fuel at Nainital 14478140 13. Security Guard at Haridwar 1393978 14. Commando, Homeguards 20201613 15. Commando, Homeguards at Shrinangar 18774360 16. Assistant, Gardner, Sweeper 2727343 17. Vehicle PAC Task Force at Rudrapur 211042 18. Staff at Rudraprayag (2004-16) 5546943 19. Fuel at Bageshwar (2003-16) 239131
Total Rs.13,0334160/-
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Individual expenditure calculation (Approx.)
1 Bhagat Singh 2002-16 Koshyari Vehicle Maintenance 6608568.00 Fuel out of Dehradun 444136.00 Taxi hiring 228403.00 Salary to Drivers 5681482.00 Honorarium to Staff 4533643.00 Electricity Expenses 171152.00 Telephone Expenses 105292.00 Gunnor from 3076538.00 Pithoragarh Security Guard at 532916.00 Almora Security Guard at 204193.00 Bageshwar Security Guard & fuel 9608915.00 at Nainital Commando, 4593090.00 Homeguards Assistant, Gardener, 1220333.00 Rs.37008661.00/- Sweeper 2. Narayan Dutt Tiwari 2010-17 Vehicle Maintenance 1938712.00 Fuel out of Dehradun 14655.00 Taxi hiring 4680.00 Salary to Drivers 747394.00 Honorarium to Staff 3698217.00 Electricity Expenses 1497192.00 Telephone Expenses 229654.00 Security Guard at 492082.00 Haridwar Security Guard & Fuel 813843.00 at Nainital Vehicle PAC Task 211042.00 Force at Rudrapur Commando, 3203040.00 Homeguards Commando, 10245040.00 Homeguards at Shrinagar Assistant, Gardner, 866537.00 Rs.23962088.00/- Sweeper 3. Ramesh Pokhriyal 2012-16 Vehicle Maintenance 4333982.00 Fuel out of Dehradun 0.00 Taxi Hiring 0.00 Salary to Drivers 1702781.00 Honorarium to Staff 2283476.00 Electricity Expenses 871233.00 Telephone Expenses 0.00 Security Guard at 2697206.00 Bageshwar Bar & Bench (www.barandbench.com)
Security Guard at 8152.00 Almora Security Guard & Fuel 691652.00 at Nainital Security Guard at Pauri 1495466.00 Commando, 279472.00 Homeguards Commando, 7426800.00 Homeguards at Shrinagar Assistant, Gardner, 0.00 Rs.21790220.00/- Sweeper 4. Bhuwan Chandra 2009-12 Khanduri Vehicle Maintenance 2723601.00 Fuel out of Dehradun 39400.00 Taxi Hiring 0.00 Salary to Drivers 2977522.00 Honorarium to Staff 2838022.00 Electricity Expenses 1564899.00 Telephone Expenses 69675.00 Security Guard at 4608056.00 Bageshwar Security Guard & fuel 2187374.00 at Nainital Security Guard at Pauri 44102.00 Commando, 9356790.00 Homeguards Commando, 1102520.00 Homeguards at Shrinagar Assistant, Gardener, 640473.00 Rs.28152434.00/- Sweeper 5. Vijay Bahuguna 2014-16 Vehicle Maintenance 771106.00 Fuel out of Dehradun 0.00 Taxi Hiring 0.00 Salary to Drivers 1439068.00 Honorarium to Staff 1862807.00 Electricity Expenses 0.00 Telephone Expenses 0.00 Security Guard at 2271236.00 Bageshwar Security Guard at 901896.00 Haridwar Security Guard & fuel 1176356.00 at Nainital Commando, 2769221.00 Homeguards Assistant, Gardner, 0.00 Rs.11191690.00/- Sweeper 6. Nityanand Swami Fuel out of Dehradun 156442.00 Rs.156442.00/-
7. Electricity expenses of Circuit House Annexe Bar & Bench (www.barandbench.com)
(R. Pokhriyal and B.C 2286551 Rs. 2286551.00/- Kanduri)
8. Staff at Rudraprayag 5546943.00 Rs.5546943.00/- (2004-16)
9. Fuel at Bageshwar 239131.00 Rs. 239131.00/- (2003-16)
Total Rs.130334160.00/-
Vehicle Maintenance calculation (Approx.) S.No Name Period Vehicle Maintenance
1. Bhagat Singh 2002-15 Rs.6608568.00 Koshiyari
2. Narayan Dutt Tiwari 2010-13 Rs.1938712.00
3. Ramesh Pokhriyal 2012-16 Rs.4333982.00
4. Bhuwan Chandra 2009-12 Rs.2723601.00 Khanduri
5. Vijay Bahuguna 2014-16 Rs. 771106.00
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Driver Expenses (Approx.) Period Hon. To Total Driver
1. Bhagat Singh Koshiyari To Ravinder 2002-15 3024725.0 Singh Negi 0 To Baldev Singh 2004-15 2656757.0 Rs.5681482.00 Rawat 0
2. Narayan Dutt Tiwari To Harishankar 2010-13 349466.00 Pandey To Manoj Mishra 2011-13 397928.00 Rs.747394.00
3. Ramesh Pokhriyal To Rajesh Kumar 2012-16 879454.00 To Jogender 2012-16 823327.00 Rs.1702781.00 Singh
4. Bhuwan Chandra Khanduri To Vikram Singh 2009-14 1255121.0 Rawat 0 To Hemant 2012-14 Kumar Kukreti 678588.00 To Chandrakant 2013-16 740439.00 To Sanjeev 2010-12 Rs.2977522.00 Kumar 303374.00
5. Vijay Bahuguna To Surveer Singh 2014-16 749899.00 Rawat To Bhagat Singh 2014-16 689169.00 Rs.1439068.00
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Staff Expenses (Approx.) Post Period Hon. To Total Staff 1 Bhagat Singh Koshyari Ranjit Singh OSD 2002-03 Jayala 340756.0 0 2005-15 3862887. 00 Mahipal PS 2014-15 Rs.4533643.00 Singh 330000.0 Kumlta 0 2. Narayan Dutt Tiwari Sanjay OSD 2007-12 1638383. Joshi 00 Bhawani OSD 2012-14 1014834. Dutt Bhatt 00 Arun OSD 2014-15 Shukla 330000.0 0 Rajeev OSD 2014-15 Kumar 110000.0 0 2015-17 Rs.3698217.00 605000.0 0 3. Ramesh Pokhriyal Ajay Singh OSD 2010-16 2283476. Rs.2283476.00 Bisht 00
4. Bhuwan Chandra Khanduri Jaideep OSD 2009-16 2838022. Rs.2838022.00 Singh 00 Rawat
5. Vijay Bahuguna Deep OSD 2013-16 1862807. Rs.1862807.00 Prakash 00 Dimri
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Electricity Dues (Approx.) Period Electricity Exp. 1 Bhagat Singh Koshyari 2007-14 Rs.171152.00
2 Narayan Dutt Tiwari 2008-17 Rs.1497192.00
3. Ramesh Pokhriyal 2008-14 Rs.871233.00
4. Bhuwan Chandra 2010-14 Rs.1564899.00 Khanduri
5. Vijay Bahuguna 0.00
Note: Include Electricity Expenses of Ramesh Paukhriya and Bhuwan Chandra Khanduri of Circuit House Annexe Rs. 2286551.00.
Telephone Expenses (Approx. ) Period Telephone Exp.
1. Bhagat Singh 2010-14 Rs.105292.00 Koshiyari
2. Narayan Dutt Tiwari 2010-14 Rs.229654.00
3. Ramesh Pokhriyal 0.00
4. Bhuwan Chandra 2012-14 Rs.69675.00 Khanduri
5. Vijay Bahuguna 0.00
Expenditure – Assistant, Gardener, Sweeper Period Assistant, Gardner , Sweeper 1 Bhagat Singh Koshiyari 2002-16 Rs.1220333.00 Kunwar Singh Satender Singh 2 Narayan Dutt Tiwari 2006-16 Rs.866537.00
3 Ramesh Pokhriyal 0.00
4 Bhuwan Chandra 2009-15 Rs.640473.00 Khanduri
5 Vijay Bahuguna 0.00 Bar & Bench (www.barandbench.com)
True and correct copies of the information obtained under RTI Act on
expenditure done on former chief ministers by various government
departments is marked and annexed as ANNEXURE NO 1
8) That the abovementioned amount was spent by the respondent no 1
illegally without there being any law of any kind authorizing such
expenditure on the former Chief Ministers of the state only in the
private and parochial interest of the private respondents. It is humbly
prayed that this Hon’ble Court may direct the state authorities to
recover this public money from the private respondents.
9) That the state government is not acting fairly in the matter and is in
connivance with the former chief minsters of the state as despite two
orders of this Hon’ble Court on 19-12-2016 and 16-02-2017, till date
the state of Uttarakhand has not calculated the market rent against
the private respondents. True and correct copies of the Hon’ble High
Court Orders dated 19-12-2016 and 16-02-2017 are marked and
annexed as ANNEXURE NO-2
10) That according to the newspaper report of the national daily The
Times of India it was reported that 6 Uttarakhand Ex-Chief Ministers
have guzzled fuel worth Rs. 2.23 Crore after leaving Office. It is
humbly prayed that this Hon’ble court may take notice of the this fact
too which is in public domain and direct the state to recover this money
from the private respondents as it was an illegal and unethical
spending of the public money done by the errant government officers
of respondent no 1.This news paper report also corroborate the Bar & Bench (www.barandbench.com)
information taken out by the petitioner under right to information act
on the fuel expenditure of respondents. True and correct copy of the
News Paper Report dated 29 June 2015 Times of India is marked and
annexed as ANNEXURE NO-3
11) That in the above-mentioned illegal splurge of public money by the
state authorities on private respondents, market rent is the only
appropriate rent to be taken from the private respondents along with
recovery of all other expenses done on the government facilities
illegally availed by them.
12) That despite repeated orders of this Hon’ble Court the state
government has failed to comply them and failed to calculate market
rent and calculation of the illegal expenses done on the former chief
ministers only because of the reason that the state and its officers are
sympathetic and are in harmony with the private respondents.
13) That for the above-mentioned reasons it is humbly prayed to this
Hon’ble Court to appoint an independent special investigating
committee to assess and calculate the market rent and illegal
expenses done on the former chief ministers/ private respondents.
14) That the contents of the accompanying petition are not being
reproduced herein for the sake of brevity however, same may be read
as part of this affidavit.
I, the deponent above named do hereby verify and swear that the contents of paragraph nos1 and 2 of the civil misc. application and that of para no …………………………..of this affidavit are true to my personal knowledge and the contents of para’s numbers ………………………………….of the affidavit are true on perusal of Bar & Bench (www.barandbench.com)
records and the contents sof para no – of the affidavit are true on the basis of legal advice which all I believe to be true that no part of it is false and nothing material has been concealed in it. SO HELP ME GOD
DEPONENT
I, ……………………………………………., Advocate, High Court,
Nainital do hereby declare that the person making this affidavit and alleging himself to be same deponent is known to me from perusal of papers, which he produced before me in this case.
ADVOCATE
Solemnly affirmed before me on this …….day of, 2018 at about
___a.m/p.m. by the deponent who has been identified by the aforesaid person.
I have satisfied myself by examining the deponent that he has understood the contents of this affidavit, which has been read over and explained to him by me.
OATH COMMISSIONER
Bar & Bench (www.barandbench.com)
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL INDEX
IN Civil. Misc. APPLICATION NO._____ OF 2018
IN WRIT PETITION (P.I.L) NO 90 OF 2010 (Under Article 226 of the Constitution of India)
District- Dehradun
Rural Litigation and Entitlement Kendra (RLEK) ....Petitioner
Versus
State of Uttarakhand and Others …Respondents
Sl No. Particular Page NO
1. Index
2. Civil Misc. Application
3. Affidavit
4. ANNEXURE NO-1 True and correct copies of the information obtained under RTI Act on expenditure done on former chief ministers by various government departments ANNEXURE NO-2 True and correct copies of the Hon’ble High Court Orders dated 19-12-2016 and 16-02-2017. ANNEXURE NO-3 True and correct copy of the News Paper Report dated 29 June 2015 Times of India
Date: (Dr. KartikeyHari Gupta,) Advocates Counsels for the Petitioner