HC passes strictures against Dairy Development Minister Anees Ahmed

Mumbai, Aug 16 (UNI) Coming down heavily on Maharashtra Dairy Development Minister Anees Ahmed, the Bombay High Court today termed his order of extending contract to collect toll at three places in Aarey Colony here, ''blatantly illegal''.

The court also observed that the Minister's order amounted to abuse and figurative misuse of power, clearly flouting the basic norms of public authority and accountability.

During the hearing of a petition filed by one Subhash Acharya, a division bench comprising Chief Justice Swatantra Kumar and Justice Ranjana Desai set aside the Minister's controversial order dated August 21, 2004, and directed the state government to call fresh tenders within a month for the toll collection contract.

The court further directed the appointment of a committee to determine loss caused to the state exchequer, as a result of contract extension to a private firm Garib Nawaj Corporation.

The court told the state to recover the financial losses from the firm, whereas the loss, if any, caused by deletion of the condition, would be recovered from Anees Ahmed.

The court further directed the government to ensure that no such extension was granted without valid reasons, that too recorded in writing and in consultation with concerned departments, adhering to the prescribed procedure.

The court observed in its order, ''Objectivity and accountability are two essential facets of any public office. The Minister, who holds a public office, is not only responsible for his own action but also of his subordinates. Persons holding high office under the government, have to act and take decisions with greater consciousness and responsibility.'' Subhash Acharya had challenged Anees Ahmed's decision to extend the toll collection contract without calling tenders and following a due procedure. The Minister had allegedly overlooked remarks of senior officers on the concerned file, while passing the controversial order.

UNI