Team Herald
PANJIM: The High Court of Bombay at Goa has quashed and set aside the order of the Lokayukta to hold back 50 percent of the outstanding dues of the beach cleaning contractors as part of investigations into the beach cleaning scam.
“Half of the amount found payable shall be disbursed and the balance amount shall be kept in a fixed deposit for the time being so that appropriate direction can be issued after the completion of the detailed investigation,” the court order reads
The court in its order also observed that the entitlement of the petitioners has been crystalised through the approved final bills and even otherwise, they are entitled to the works they have done already as noted, even by the Lokayukta and the State Government.
“Taking overall view of the reasons so recorded above, we are inclined to observe that the Lokayukta Act and the Rules, and its object, purpose and scheme cannot be different. This also includes the powers and jurisdiction to deal with the complaints and/or initiate proceedings and investigation. Even, as per the Lokayukta Act, there are various steps and procedures required to be complied with by the Lokayukta, after completion of investigation, as even contemplated under the provisions of the Lokayukta Act and the Rules, including the amended Section 16A. The provision of Section 27of the Lokayukta Act, including taking steps against the concerned functionaries, is required to be kept in mind. The provisions nowhere take away the crystalised right of the private parties” the court ruled.
The court also ruled that withholding of such amount at the interim stage, by the interim recommendation, in our view, therefore is unacceptable. The impugned order, therefore, to that extent as emphasized, requires to be quashed and set aside. However, it is made clear that we are, not in any way, stopping the investigation, which is stated to be in progress.
It may be recalled that on August 12, 2016 the beach cleaning contractor Bhumika Cleantech Services Pvt Ltd had approached the High Court challenging the interim order of the Goa Lokayukta. In its order, Goa Lokayukta had directed the Director of Tourism that after proper scrutiny of the pending bills, half of the amount payable to the contractor be kept in a fixed deposit for the time being so that appropriate direction can be issued after the completion of the detailed investigation.
When the matter came up for hearing, the petitioner sought a stay on the interim order but Advocates Aires Rodrigues and Amey Kakodkar opposed it. Rodrigues and Suraj Borkar had filed complaints before Lokayukta alleging scam in the beach cleaning contract. Borkar was represented by Kakodkar.
Rodrigues also drew the court’s attention that the then director of tourism Ameya Abhyankar on December 11, last year in a four-page note while pointing out that major conditions of the tender were not fulfilled and proposed that the department go in for a fresh tender. Abhyankar was immediately transferred after he moved the note, Aires Rodrigues told the court.
It may be recalled that the Goa Government in September 2014 awarded the contract of Comprehensive Management of cleanliness of north Goa beaches to Bhumika Cleantech Services Pvt Ltd., Mumbai at an annual cost of Rs 7.51 crore and the cleaning of south Goa beaches to Ram Cleansers & Developers Pvt Ltd at a cost of Rs 7.04 crore. Both the companies are owned by Manish Mohata. Earlier, the cleaning of Goa beaches was costing the State Government an average of a mere Rs 2 crore, annually after which independent MLA Rohan Khaunte filed a complaint with Goa Lokayukta against the then Tourism Minister Dilip Parulekar, alleging “fraud” in the awarding of beach cleaning contracts and their execution.
