WP(C) 20509/2005 Page 1 of 5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 20509/2005 Date of Decision: 6th May, 2008 # KUSTH ASHA DEEP FEDERATION ..... Petitioner ! Through: Mr. Brahm Dutt and Mr. Vinay Garg, Advs. versus $ GOVT. OF N.C.T. OF DELHI & ORS ..... Respondent ^ Through: Ms. Zubeda Begum, Adv. % CORAM: HON'BLE MR. JUSTICE T. S. THAKUR HON'BLE MR. JUSTICE SIDDHARTH MRIDUL 1. Whether reporters of local papers may be allowed to see the judgment? Not necessary. 2. To be referred to the Reporter or not? Not necessary. 3. Whether the judgment should be reported in the Digest? Not necessary. J U D G M E N T Per Thakur, J(oral) This petition has been filed in public interest alleging rampant corruption in the implementation of Integrated Child Development Services(ICDS) schemes formulated by the Department of Social Welfare. These schemes are intended to provide supplementary nutrition, immunization, health checkup and referral services to children below six years, pregnant and nursing mothers and non-formal pre-school education to children etc. In Delhi alone there are about 28 such projects being run by the Department of Social Welfare including those at WP(C) 20509/2005 Page 2 of 5 Shahdara, Govindpuri, Seemapuri, Nand Nagri, Wazirpur, Sangam Vihar and Okhla. 2. The petition alleges that the purchases of a number of items for utilization and consumption in connection with the above projects are made by the concerned officers of the Government of NCT of Delhi and in the course of such purchases amounts are misappropriated to the detriment of the beneficiaries of the schemes in question. A number of irregularities are alleged to have been noticed in the implementation of the schemes in the course of a special audit of expenditure incurred during the financial year 1997-98. The petitioner in that backdrop prays for a mandamus directing the respondent to investigate the matter in relation to the misappropriation of the funds and to recover the funds meant for the children and other beneficiaries of the schemes from the concerned officers of the State Government. Directions for initiating disciplinary action against the officers responsible for misconduct, misuse of official position, violation of the rules and norms for the purchase of the supplies have also been prayed for apart from a direction for conducting an audit for all the projects and the funds spent on the same. 3. A series of interim orders were passed by this Court in the present writ petition from time to time with a view to finding out whether the allegations of misappropriation and misdirection of funds were factually correct. By an order dated 22nd November, 2007, the Deputy Commissioner (Enforcement) of Sales Tax Department was directed to complete the investigation and report about the genuineness of the firms WP(C) 20509/2005 Page 3 of 5 from whom the supplies meant for the use of ICDS were purchased. This was followed by another order dated 15th February, 2008 in which the direction for completion of the investigation was reiterated and the officers concerned were directed to verify the genuineness of the establishments from whom the purchases were made by reference to the year during which the same were made. 4. Ms. Zubeda Begum, has pursuant to the above directions filed an additional affidavit dated 04.04.2008 sworn by Sh. Arun Kumar Mishra, Deputy Commissioner (Enforcement), Sales Tax Department apart from an affidavit sworn by Sh. S. K. Saxena, Director, Department of Women & Child Development, Govt. of NCT of Delhi. From reading of the affidavit filed by Deputy Commissioner (Enforcement), Sales Tax Department, it would appear that most of the firms being investigated were not registered with the Sales Tax Department with the result that it was difficult to verify its existence during the year 1997-98. The affidavit filed by the Director, Department of Women and Child Development, on the other hand, points out that a detailed enquiry was conducted into the genuineness of the firms from which local purchases were made in connection with the schemes. The enquiry revealed that the purchases were made from concerns that were in existence, although, the same were not registered with the Sales Tax Department. The affidavit further states that the ICDS schemes were being directly monitored by the Hon’ble Supreme Court and that by an order dated 7th October, 2004 passed by their Lordships in Peoples Union of Civil Liberties vs. Union of India and Ors., WP NO. 196/2001, the Apex Court has, inter alia, WP(C) 20509/2005 Page 4 of 5 directed that “the contractors shall not be used for supply of nutrition in Anganwadis and preferably ICDS funds shall be spent by making use of village communities, self-help groups and Mahila Mandals for buying of grains and preparation of meals.” Ms. Zubeda Begum has also placed on record a copy of order dated 30th May, 2007, rejecting the closure report submitted by the investigating agency in FIR No. 22/2003 and directing further investigation in the matter relating to the alleged misappropriation of funds by the officers concerned. She submitted that in the light of the investigation which is in progress as also the fact that the matter is being directly monitored by the Supreme Court there is no necessity or justification for any further enquiry or investigation in the present proceedings. 5. There is, in our opinion, considerable merit in the submission made by Ms. Zubeda Begum. Although, by different orders passed from time to time in these proceedings, an effort was made to verify whether there was anything stark in terms of misappropriation of funds to call for any directions from this court, the reports submitted, do not warrant any further monitoring or investigation by this Court in exercise of its public interest jurisdiction. That is so because the jurisdictional police is already seized of the matter and is investigating FIR NO. 22/2003 in terms of the directions issued by the Special Judge, Tis Hazari Court, Delhi referred above. That apart the question whether the schemes formulated for the benefit of the weaker sections of the society especially children and women, were being properly implemented, is being directly examined by their Lordships of the Supreme Court in the petition filed by Peoples WP(C) 20509/2005 Page 5 of 5 Union of Civil Liberties vs. Union of India in which the Supreme Court has issued a comprehensive direction reported in 2006 (13) Scale 399. 6. In the light of the pendency of the said proceedings as also the pendency of the investigation with the concerned police agency we see no need for any further directions in the present writ petition except that the investigating agency shall expedite the completion of the investigation and submit a proper report to the jurisdictional court no sooner the same is completed. The writ petition is, with the above direction, disposed of. 7. Parties shall bear their own costs. ACTING CHIEF JUSTICE SIDDHARTH MRIDUL, J MAY 06, 2008 mk