Application seeking Direction from Supreme Court in a Pending Case.

Format of Application seeking Direction from Supreme Court in a Pending case.  Download Format.

Parties can file application seeking direction in a Pending case, when situation of the case are changed or when any enquiry report or other report presented by any investigating or other authority or any authority is initiating some action which will be against the interest of petitioner or to implement any prayer or any other reason which affects the status of the case.

Sample format of Application Seeking Director from Supreme Court is given below:

 


IN THE SUPREME COURT OF INDIA
(CIVIL APPELLATE JURISDICTION)
(UNDER ARTICLE 136 OF THE CONSTITUTION OF INDIA)

SPECIAL LEAVE PETITION (CIVIL) NO. ____ OF 20__

IN THE MATTER OF:
Mr.____________________                               PETITIONER

VERSUS

STATE OF __________ & ORS.                           RESPONDENTS

APPLICATION SEEKING DIRECTION FOR CRIMINAL INVESTIGATION BY AN INDEPENDENT AGENCY INTO THE FACTS AS DISCLOSED BY THE REPORT OF THE ACCOUNTANT GENERAL OF _________.

To
HON'BLE THE CHIEF JUSTICE OF INDIA AND HIS COMPANION JUDGES OF THE SUPREME COURT OF INDIA.

The Humble application of the Petitioner/Applicant above named.

MOST RESPECTFULLY SHOWETH:

1. That the present special leave petition is being preferred against the final judgment/ order dated ___________ passed in LPA No. ________ of _____ by the Hon'ble High Court of __________ at __________. The matter relates to the irregularity, impropriety and illegality committed by the respondent No 1-2 in awarding contracts for preparation of Migrant Labours Data to respondent nos 3-4 arbitrarily, without inviting tenders, citing bogus reason of urgency and at an exorbitant rate of rupees _____ per Entry.


2. That all the facts leading to filing of the present application has been set out in detail in the accompanying Special Leave Petition and the same are not being repeated herein for the sake of brevity. The Petitioner/Applicant craves leave to rely upon the contents of the same.


3. That this hon'ble Court in SLP (Civil) No __________ of _______ in the matter titled __________ v. ______ & Ors. [ANNEXURE P-1 (PAGE________TO_________)] directed the Accountant General of ________ to examine, either himself, or through a committee, and submit a report on the following points:


a. Whether the respondent no 1 is justified in not inviting tenders by giving an advertisement for the contract in question?

b. Whether the procedure followed by respondents Nos 1 to 2 in selecting respondent Nos 3 to 5 for the job in question is proper and correct in the circumstances of the case?

c. Whether the rate of Rs. ____ per Entry given to the respondents Nos 3 to 5 is the reasonable and proper rate? If not, what is the reasonable rate?

4. That this hon'ble Court on ________ in Civil Appeal Nos ________ of ______f the SLPs as mentioned in the preceding para [ANNEXURE P-2 (i) (PAGE________TO_________)], ordered:


"...The _______ High Court shall decide the appeals in the light of the report submitted by the office of the Accountant General..."


5. That the report submitted by the learned Accountant General in the matter is appalling inasmuch as it shows a clear criminal nexus between the government departments viz. respondent no 1-2 and the contract awardees viz. respondent no 3-5. The report [ANNEXURE P-3 (ii) (PAGE________TO_________)] reveals gross impropriety and illegality committed by respondents in procuring contracts for preparation of Entries in a way that cost huge amounts to the public exchequer.


6. Excerpts from the report as mentioned in the preceding para which clearly show the criminality involved, thereby highlighting a need for an independent investigation are reproduced thus:


a. ...Thus, the work was not of an urgent nature and could have been taken up after proper planning. Before inviting short notice tenders on _____ inability of government presses in completing the acts was not ascertained. As the value of the work was exceeding rupees 25,000 short notice tenders should have been invited which was not done. Further, rates were invited only from three parties instead of five as required under clause 10 of Government Resolution dated _____.


Thus, action of respondent on _____ was in violation of provisions of the Manual and Government Resolution dated _______ [PAGE __-__]


b. ...Thus, review of progress of work on ______ was premature and the decision taken by the Government on the basis of that review was not sound as:


i. Very little time was given to government presses for printing work.


ii. 35 to 40 per cent increase in production noticed in last two days was ignored.
The exact date was never decided for completion of the work, i.e. Entering Data to Server. Originally the work was to be completed by April, ___ as mentioned in letter_____ from Advisor of Chief Minister....However, in the work order given to private printers for supply of printed Khedut Pothis no date for completion of work was mentioned and dates of supplies were intimated by the parties themselves... [PAGE __-__]


c. ...Thus, there was no correlation among the required, proposed and actual production of respondent no 3 to 5. ...It was not clear, if the work was urgent, why time proposed by respondent no 3 to 5 twice of their production capacity was agreed by respondent no 1....It is also pertinent to mention here that even before the government decided in _________ to explore the possibility of entering data through private parties in ________, a laminated specimen of Entry at a proposed cost of rupees 25 per entry was sent by respondent no 3 (to whom order for entering __ __ lakh out of ___ Entries was given) to government for consideration. [PAGE __-__]


7. Thus, the Report of the learned Advocate General of ______ clearly establishes need for a thorough investigation by an independent agency into the facts disclosed.

PRAYER
In the above circumstances, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to:

a) Allow this application and direct criminal investigation by an agency independent of the State of Gujarat into the facts disclosed in the Report of the Accountant General of ____; and/or

(b) Pass such other or further order (s) as this Hon'ble Court may deem and fit in the peculiar facts and circumstances of the case in favour of the Petitioner.

AND FOR THIS ACT OF KINDNESS THE APPLICANT AS IN DUTY BOUND SHALL EVER PRAY.

DRAWN ON :

DRAWN BY :

FILED BY
______________________
ADVOCATE ON RECORD FOR THE APPLICANT

Place:
Date: