Madhya Pradesh High Court: In a serious allegation made against the State for grossly misusing and mis-utilizing the funds allocated under 13th Finance Commission, a division bench of A.M. Khanwilkar CJ and K.K. Trivedi J., dismissed the writ petition and directed the petitioner to pay an exemplary cost of Rs 50000/- for filing malicious and vexatious petition for getting publicity.
In the instant case, the petitioner filed a public interest litigation (PIL) alleging gross misuse and mis-utilization of funds allocated under 13th Finance Commission, and prayed for direction against CAG to undertake audit of mis-utilization of the funds by the State Government with respect to Gram, Janpad and Zila Panchayats. The petitioner also prayed to restrain the high officials of the State involved in misappropriation to continue the office including dealing with any financial matter.
On the affidavits filed by the respondents, Deputy Accountant General and Secretary of Ministry of Rural Development on behalf of the respondents that the Government of Madhya Pradesh has abided by the provisions of the Audit Regulation 2007, the Court observed that no specific details as to in what manner the breach had been committed by the officers of the State has been provided in the petition. The Court noted that the petition has been filed by a person claiming to be a social worker, and further stated that the Court is convinced that the petitioner has been set-up by someone or that he himself knowing fully well that there is no merit in his complaint, has chosen to file this malicious and vexatious petition for getting publicity. Accordingly, the Court dismissed the writ petition and directed the petitioner to pay an exemplary cost of Rs 50000/- for filing such a malicious and vexatious petition. Ajay Dubey v. Union of India, 2015 SCC OnLine MP 378, decided on 06.05.2015
