IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No. 1813 of 2011 ==================================================== Suresh Kumar, son of Late Kalanand Prasad, Resident of Village – Harnichak, P.S. – Gardanibagh, Dist. – Patna, At present Vice President, Bihar State Fourth Grade Employees Association, situated at Village – Beur, P.S. – Beur, Dist. – Patna ………………………….. Petitioner Versus 1. The State of Bihar through the Secretary, Building Construction Dept., Bihar, Patna, 2. The Spl. Secretary, Building Construction Dept., Bihar, Patna, 3. The Principal Secretary, Vigilance Dept., Suchana Bhawan, Patna, 4. The Executive Officer, Garden Division, Building Construction Dept., Bihar, Patna, 5. The Secretary, Cabinet Vigilance Dept., Govt. of Bihar, Patna ……………… Respondents. =================================================== APPEARANCE For the petitioner: Mr. Prashant Kashyap, Advocate. For the Respondents 1,2 & 4: Mr. Ashok Kumar Keshri, AAG XI. For the Vigilance Dept.: Mr. Arvind Kr. Spl.P.P. (Vigilance). =================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 4. 10.02.2011. This petition under Article 226 of the Constitution is filed by one Suresh Kumar in public interest. The petitioner claims that he has filed this petition in his capacity as the Vice President of Bihar State Fourth Grade Employees’ Association, Village – Beur, District – 2 Patna. It is the complaint of the petitioner that the respondent no. 4, Mr. Vikash Kumar, Executive Officer, Garden Division, Building Construction Department, Bihar, Patna has misappropriated funds allotted for upkeep of government buildings, parks, gardens, etc. It is also the complaint of the petitioner that one of the members of the Association, namely, Mr. Devendra Kumar Sinha, a Clerk, is in custody of the relevant papers. The aforesaid Executive Officer Mr. Vikash Kumar has been issuing threats to the said Mr. Devendra Kumar Sinha and insists that Mr. Sinha should tamper with the documents. Learned Advocate Mr. Ashok Kumar Keshri has appeared for the respondent-State. He has submitted that the petitioner has been set up by the aforesaid Mr. Devendra Kumar Sinha. On the instruction of the Principal Secretary to the State of Bihar, the aforesaid Executive Officer Mr. Vikash Kumar had asked the said Mr. Devendra Kumar Sinha to part with the records to be forwarded to the Vigilance Department of the State. Nevertheless, Mr. Devendra Kumar Sinha is not ready to part with the records. Be that as it may, the petition in the present nature, in our opinion, is not maintainable. Learned Advocate Mr. Prashant Kashyap appearing for the petitioner has failed to satisfy us that the petitioner is authorised by his Union to file the present litigation. On the contrary, Mr. Kashyap has admitted that no such authorisation has been given to the petitioner. Further, we 3 find that the petition is filed without any material particulars. To us it appears that the petitioner has been set up by the aforesaid Mr. Devendra Kumar Sinha and that it is in the nature of a fishing enquiry calling upon the Court to seek information on behalf of the petitioner. For the aforesaid reasons, the petition is dismissed in limine. Dilip ( R.M. Doshit, CJ ) ( Jyoti Saran, J ) .