HC gives VB 3 months to complete probe into lapses in filing complaints
CHANDIGARH:THE Punjab and Haryana high court has given Punjab vigilance bureau three months to submit a probe report in 76 cases of inordinate delay in processing complaints against sale of misbranded insecticide.
The direction was given while disposing of a plea in which a firm had challenged summoning order issued after six years of instance of alleged sale of misbranded insecticide.
During the hearing of the case, it came to light that there were 76 cases where the complaints were not filed during the stipulated period. The government claimed that in all the 76 cases, the officials concerned, mainly insecticides inspectors, have been proceeded against departmentally and their 1 to 3 increments have been stopped without cumulative effect, besides regular inquiries.
Under the Insecticide Act 1968, punishment for sale of misbranded insecticide is two years.
Hence, complaint, if any, has to be made within three years of commission of the offence. In the case in hand, confirmation of sale of misbranded insecticide came in 2011. However, the complaint was filed before court in 2018, after getting sanction from the director, agriculture. Other 75 cases too are similarly placed.
The high court bench of justice Gurvinder Singh Gill asked vigilance bureau to submit a report within three months after it was apprised that the delay in filing of complaints in all 76 cases was being probed to determine as to who is responsible for causing the delay in instituting the complaints beyond the prescribed period of limitation.
The court also asked chief secretary to examine the feasibility of having some portal on the department website where the particulars of all cases of drawing of samples can be uploaded immediately, so that the progress, including sending the sample to an analyst, receiving of the report, issuance of showcause notice, re-analysis, sanction for prosecution etc., can be uploaded and monitored. Such a software can have provision of auto-generation of Sms/email etc. to authorities concerned so as to remind them about the current status of such cases where time as per standard procedure is running out, justice Gill observed.
The government had also told the court that to ensure that such lapses do not occur in future, a new standard procedure has been laid for speeding up the filing of complaints against sale of misbranded insecticides. However, the court said that same would be useful only if deadlines are adhered to.