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28/09/2011

Contempt case: Patna HC summons Chief Secretary, DGP

Patna,(BiharTimes): A single bench of the Patna High Court on Tuesday presided over by Justice Mihir Kumar Jha issued summon notice to the state Chief Secretary, Home Secretary and the DGP to appear before it in a contempt case related to auditing of the Bihar Police Relief and Welfare Fund.


Notwithstanding repeated order of the Court to get audit of the Fund done the state government has not complied with the directive.


The Court asked them to appear before it on October 25 and explain their failure in getting the audit done.


A case was filed in this regard by the then secretray general of Bihar Police Association (BPA), K K Jha. His counsel, Jaganath Singh, said the HC had in 2009 itself gave order to the Auditor General (AG), Bihar, to get audit done of the Fund and had given the government one year’s time to complete the audit.


However, the court's directive was not complied with by the state government.
The Comptroller and Auditor General (CAG) of India’s counsel informed the Court that despite repeated letters being sent to the state government for getting the audit done, there was no co-operation from the state government.


It must be recalled that the High Court had in 2009 on a PIL by Jha directed the DGP, Bihar, to file a counter-affidavit to a writ petition of the BPA alleging diversion of money from the Welfare Fund and the Bihar Police Education Fund created out of deductions from the salary of police personnel.


His counsel had submitted that there had been a compulsory deduction of a fixed amount from the salary of the police personnel of the state for the welfare fund. For this purpose, statutory authorities were created under provisions of the Bihar Police Manual Order. The authorities being virtual trustees of the fund ought to have acted strictly in accordance with the rules. But the aforesaid funds were diverted during the last several years, the counsel of the petitioner submitted.

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