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Bombay High Court Ignored Public Loss Of Rs 1000 in PIL Judgement of Bhiwandi Power Scam





People of Bhiwandi at Thane district was suffering of insufficient power in 2002-2006 . State run company MSEB  officers from top to bottom allowed power theft of Rs200 cr per year . The power looms companies taken illegal connection and made around Rs 1000 crt heft in 5 years from tax payers company Maharastra State Electrical Board. RTI activist Vinay Mishra of Bhiwandi made so many complaints to vigilance cell Of MSEB but no body in system was interested to recover Rs1000 cr of tax payers money from power looms.
When RTI activist Vinay Mishra filed complaint to MSEB then local business men filed false complaint at Bhiwandi police station by paying bribe to senior police officers. They want to discourage the activist to fight against power theft. Several fraud cases was registered against Vinay Mishra. He was also booked for SC/ST act. Later he got clean chit from court.
Later Vinay Mishra approached Bombay High Court to save tax payers millions of money of MSEB Bhiwandi. Bombay High Court Justice JN Patel & Justice AA Sayed appreciated  activist for his effort in the judgement . Due to the activist effort distributuion was taken over by a private company and suddenly loss is reduced by 80%.
Activist requested the court to recover the tax payers money from corrupt employees and also from power looms of Rs1000 cr approx. But the court felt  that  it will be useless to take such effort to recover the precious poor tax payers money from the corrupt officers because State govt was not interest. 
If the court work for corrupt people then how the interest of Nation will be secured?
In a recent Judgement a railway booking clerk was "compulsory retired" by central railway disciplinary committee for getting less cash of Rs122 in the cash box . Another bench of Bombay High Court said that the scam is scam , punishment will be same for Rs 122 Cr and for Rs 122  .Only low level persons are in the target of Court! Top corrupt officers are getting special treatment at Bombay High Court against Public Interest. Chief Justice should intervene in Public Interest.

Vinay Kumar Mishra, Bhiwandi RTI Activist


-----------------------------------------------------------------------------------

      IN THE HIGH COURT JUDICATURE AT BOMBAY
                          APPELLATE SIDE
PUBLIC INTEREST LITIGATION NO.92 OF 2006
Mr. Vinay Kumar Parmanand Mishra .. Petitioner
v/s.
The State of Maharashtra,
through the Chief Secretary,
Mantralaya, Mumbai and others. .. Respondents
Mr. I.S. Thakur i/by Mr. Rathore Sunil Kumar for the petitioner.
Ms. P.S. Cardoz, Assistant Government Pleader for the State.
Mr. P.P. Chavan i/by M/s. Little & Co. for the respondent No.2.
CORAM : J.N. PATEL AND A.A. SAYED, JJ.
DATED : 4TH OCTOBER, 2007
P.C.
Heard.
2. The petitioner was required to approach this court seeking direction against the State Government to take appropriate steps to stop theft of electricity in Bhiwandi town and to recover arrears from the defaulters, particularly, who are running power looms. It has also sought for direction to the State to hold an enquiry against the employees of the respondent No.2 Electricity Board and its
officials who are allowing theft of electricity directly or indirectly or encouraging theft of electricity in Bhiwandi. As usual, the respondents state that necessary steps have been taken in the matter but the decision has been taken to hand over the problem to their franchisee and their affidavit in reply shows that after
the appointment of franchisee for distribution of electricity within Bhiwandi town, there has been substantial increase in the revenue as well as elimination of theft of electricity. Presently, the franchisee is enjoined by M/s. Torrent Power Company Ltd. under section 14 of the Electricity Act, 2003.

3. In view of this, we find that no purpose would be served in keeping the petition pending. This court records its appreciation for the efforts taken by the petitioner in persuading the State to check the theft of electricity in the Bhiwandi town.

4. In so far as relief sought for by the petitioner for getting the matter investigated by the State CID and to take disciplinary action against the officials of the Electricity Board is concerned, in our view, it will be a futile exercise when the State does not think it necessary to proceed in the said direction. With these observations, petition stands disposed of.
(J.N. PATEL, J.)
(A.A. SAYED, J.)

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