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Constitutional

Shiv Shankar Sharma vs The Jharkhand Vidhan Sabha Through Its Secretary General

Court
Delhi High Court
Date
23 September 2024
Case No.
W.P. (PIL) No. 1811 of 2022
Bench
Sujit Narayan Prasad, Acting Chief Justice and Arun Kumar Rai, J.
Acts & Sections
Constitution §226 Right to Information §2005 Prevention of Money §2005
Headnote AI-drafted · Editorially reviewed
The petitioner, a self-described social worker, filed a Public Interest Litigation under Article 226 of the Constitution of India before the Jharkhand High Court at Ranchi, seeking directions to implement the recommendations made by the then Governor of Jharkhand vide letter dated 10.09.2018 to the then Speaker of the Jharkhand Vidhan Sabha regarding irregularities in public appointments made in the Vidhan Sabha. The petitioner further sought a CBI investigation into alleged illegal appointments of approximately 360 employees, corrupt practices attributed to Respondent No. 4 (the then Speaker cum Cabinet Minister Alamgir Alam), and attachment of properties allegedly acquired through proceeds of such irregular appointments under the Prevention of Money Laundering Act, 2005.

The petition arose after the petitioner obtained, through an RTI application to the Governor's Secretariat, a copy of the Governor's letter containing 30 reference points of an Enquiry Commission concerning the alleged appointment scam in the Vidhan Sabha during the tenure of a former Speaker. The petitioner alleged that despite the Governor's directions—including a recommendation for investigation by a Central Investigation Agency—neither the then Speaker nor the present Speaker had taken any action, indicating connivance in the illegal appointments.

The matter was listed before a Co-ordinate Bench on multiple occasions between 2022 and 2023, during which directions were issued to the Secretary General of the Jharkhand Vidhan Sabha to file counter affidavits, submit status reports, and produce the report of the One Man Judicial Commission. Non-compliance with these directions was repeatedly noted by the Court, and the matter continued to be adjourned for compliance and further hearing.
Catchwords: Public Interest Litigation · Jharkhand Vidhan Sabha · illegal appointments · appointment scam · Governor's directive · CBI investigation · One Man Commission · Prevention of Money Laundering Act · Article 226 · RTI · Speaker · public employment irregularities

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Full Judgment Text

[Cites 56, Cited by 0] Jharkhand High Court Shiv Shankar Sharma vs The Jharkhand Vidhan Sabha Through Its ... on 23 September, 2024 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (PIL) No. 1811 of 2022 ----- Shiv Shankar Sharma, aged about 43 years, Son of Sri Gautam Sharma, resident of Village-Tikara Toli, Nagri, Piska, P.O. & P.S.-Nagri, District-Ranchi, Jharkhand. ... ... Petitioner Versus 1.The Jharkhand Vidhan Sabha through its Secretary General, P.O. & P.S.- Dhurwa, District-Ranchi, Jharkhand. 2.The Secretary General, Jharkhand Vidhan Sabha, P.O. & P.S. - Dhurwa, District - R
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