Patna High Court Refuses To Order CBI Probe Into Illegal Registration Of Vehicles In Bihar, Says Transport Department Taking Action

The Patna High Court has refused to order a CBI probe into the alleged violations by the state transport department and the National Informatics Centre (NIC) in registration of vehicles, particularly the old BS-III vehicles.

The two PILs, which sought an investigation into the alleged corrupt practices and collusion, were disposed of by the court, expressing satisfaction with the Transport Department's action.

It was alleged that after the vehicle registration process was digitised, un-utilised registration numbers allotted to the vehicle dealers at the time of VAHAN I — the software, were used to grant registration retrospectively to BS III vehicles and stolen vehicles. It was also alleged that there were widespread fake registrations especially through contract employees engaged as Data Entry Operators.

The division bench Chief Justice K. Vinod Chandran and Justice Madhuresh Prasad, observed, “The Transport Department on being apprised of the fraudulent entries has thus, taken needful action in the matter and the proceedings are continued. We are satisfied that the Department is alert to the issues involved and corrective measures have been taken insofar as the fraudulent backlog entries having been made using the loopholes in the portal of the Transport Department.”

The bench also said a public spirited person, when approaching the High Court ,has to ensure that some substantiating details are produced before it.

"A wayfarer cannot simply approach the Court with empty hands and make allegations against all and sundry without even impleading them in the petition filed,” the court added," said the court

The court made the observation while also noting that the NIC, despite facing serious allegations, was not impleaded in the writ petition.

Transport Department in response told the court that when the misuse of the provision for backlog entries came to the notice of the Department, a committee was constituted to study the issue and give suggestions as to how such irregularities can be prevented in future. The Ministry of Road Transport and Highways issued guidelines to strengthen the procedure for backlog entry and data updating, the court was told.

It was further submitted that backlog entry is now restricted to in-use registered vehicles, based on manually maintained records at the District Transport Office, overseen by the District Transport Officer (DTO).

Regarding the misuse of the backlog entry provision by Transport Office staff, an FIR was lodged against those involved, and employees from other organizations implicated in the scam were repatriated, the department said. 

"Necessary directions has also been issued to the Licensing Authority to take needful action in accordance with law for cancellation of registration of fraudulently entered vehicles in the VAHAN software as well as against the dealers concerned. Registration of 475 out of 575 vehicles shown to be registered through fraudulent backlog entries have been cancelled as per Section 55(5) of the Motor Vehicles Act, 1988. The further proceedings for cancellation of registration of remaining vehicles also is in progress," it added.

Three enquiry teams have been constituted to look into similar fraudulent transactions in the districts of Muzaffurpur, Bhojpur and Jamui, it said further.

The court observed that "sufficient safeguards have been brought into place by the Transport Department of the State of Bihar and that the defalcations, if any, committed by its own employees have been unearthed and proceedings taken to undo the same."

"We are of the opinion that there would be no purpose served in directing a CBI inquiry at this point. We are also not impressed with the broad allegations made in both the writ petitions which are not properly substantiated," the court added while disposing of the petitions.

Case title: Umesh Kumar Singh vs The State of Bihar and Ors Civil Writ Jurisdiction Case No.1279 of 2022

With

Prakash Kumar Bhatt vs The State of Bihar and Ors Civil Writ Jurisdiction Case No. 871 of 2023

Appearance:

(In Civil Writ Jurisdiction Case No. 1279 of 2022)

For the Petitioner/s: Mr. Mrigank Mauli, Senior Advocate Mr. Arun, Advocate

For the State: Mr. Sarvesh Kumar Singh, AAG-13 Mr. Rohitabh Das, AC to AAG-13

For the CBI : Mr. Avanish Kumar Singh, SPP Mr. Amber Narayan, Advocate

(In Civil Writ Jurisdiction Case No. 871 of 2023)

For the Petitioner/s: Mr. Surendra Kumar Mishra

For the Respondent/s: Smt. Anuradha Singh (SC-21) Mr. Rakesh Prabhat, AC to SC-21

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