IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1279 of 2022

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Umesh Kumar Singh son of Laxman Prasad Singh resident of Ashok Niwas,
Vindyavasini Path, Menka Hotel, P.S. Kadamkuan, District Patna

... ... Petitioner/s

Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna
2. The Principal Secretary, Transport Department, Govt. of Bihar, Patna
3. The Director General of Police, Bihar, Patna
4. The Senior Superintendent of Police, Patna
5. The District Transport Officer, Patna
6. The Director, National Informatics Center, Patna
7. The Central Bureau of Investigation through its Director, Patna

... ... Respondent/s

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with
Civil Writ Jurisdiction Case No. 871 of 2023
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Prakash Kumar Bhatt son of late Suresh Bhatt, Resident of Vijay Cinema
Campus, Nawada, P.O. and P.S.- Nawada, District- Nawada.

... ... Petitioner/s

Versus
1. The State of Bihar through the Chief Secretary.
2. The Principal Secretary-Cum- State Transport Commissioner, Bihar, Patna.
3. The State Transport Commissioner, Bihar, Patna.
4. The Special Additional Secretary, State Transport, Bihar, Patna.
5. The Additional Transport Commissioner, Bihar, Patna.
6. The Joint Transport Commissioner, Bihar, Patna.
7. The Deputy Transport Commissioner, Bihar, Patna.
8. All the Regional Transport Officers, Bihar.
9. All the District Transport Officers, Bihar.

... ... Respondent/s

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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
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(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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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE MADHURESH PRASAD
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)

Date : 01-05-2023

The petitioner in both the writ petitions, in public interest

took up cudgels against the Transport Department of the State and

the National Informatics Centre (hereinafter referred to as ‘NIC’)

for widespread distribution of registration numbers and

registration of BS-III vehicles in violation of the judgment of the

Hon’ble Supreme Court. The reliefs prayed are, for directing an

investigation by the Central Bureau of Investigation into (i) the

corrupt malpractices in all the District Transport Offices across the

State of Bihar, (ii) the collusion of the NIC and (iii) monitoring of

such investigation by this Court as also (iv) parallel proceedings to

be initiated by the Enforcement Directorate. It is to be noted at the

outset that the NIC has not been impleaded in the writ petition

despite making very serious allegations against the said

organization.

2. The petitioner elaborates in the memorandum that

till 2009, a register was maintained wherein the details of the new
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vehicle registrations were recorded manually and thereafter, a

software named as VAHAN I was brought in which facilitated

widespread fake registrations especially through contract

employees engaged as Data Entry Operators, for reason of there

being no skilled hands in the Department itself. VAHAN I also

facilitated the registration directly by the dealers who were allotted

a series of numbers and later this software was replaced by an

advance software named as VAHAN II and then VAHAN IV. It is

alleged that the unscrupulous elements in the Department, in

collusion with the NIC evolved a method wherein un-utilised

registration numbers allotted to the vehicle dealers at the time of

VAHAN I were used to grant registration retrospectively to BS III

vehicles as also stolen vehicles. There was an unholy nexus

between the dealers, the Transport Officials, the Officials of the

NIC and the Data Entry Operators appointed on contract basis. It

is pointed out that on audit, though the fathom and extent of the

scam could not be found out, there was found 23 vehicles for

which tax was not paid at the time of registration. Annexure-1 is

produced as the Audit Report which unfortunately is a reply by

one of the employees of the Transport Department to a show cause

notice; which reveals the levity and callousness with which the

writ petition has been filed.

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3. The petitioner has also referred to a decision of the

Hon’ble Supreme Court in M.C. Mehta v. Union of India, AIR

2017 SC 2430 which prohibited sale and registration of BS III

vehicles with effect from 31.03.2017. It is alleged that the officials

of the Transport Department in connivance with the officials of

NIC granted registration to a number of BS III vehicles, as issued

prior to 31.03.2017 using the loopholes in the software

implemented for the State of Bihar and registration changed by the

same modus operendi. A Data Entry Operator has been

specifically named, who is said to have immense influence in the

Transport Department, who has not been impleaded in the writ

petition. The petitioner also speaks of no criminal prosecution

having been initiated against the various persons.

4. The petitioner in C.W.J.C. No.871 of 2023 also is

concerned with registration of BS III model vehicles after

01.04.2017, which is alleged to be a serious health hazard and also

in violation of the directions of the Hon’ble Supreme Court.

5. In C.W.J.C. No.1279 of 2022, a number of

affidavits were filed and we refer to the last one filed on

27.03.2023 by the OSD, Transport Department. It is pointed out

that at the time of coming to know of fraudulent entries made

through the VAHAN software, the Transport Department had

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constituted a four member committee and proceedings were taken

against one clerk whose reply to the show cause notice is produced

as Annexure-1 in the writ petition. It is pointed out that a District

Transport Official, who was found to be involved in the scam was

also proceeded against and a vigilance case has been registered by

the Vigilance Department, Government of Bihar. When the misuse

of the provision for backlog entries came to the notice of the

Department and being apprised of the ramifications, by a report of

the 4 Member Enquiry team, a further committee was constituted

to study the issue and give suggestions as to how such

irregularities can be prevented in future. The report of the said

committee is produced as Annexure-L. NIC also has made suitable

amendments to the VAHAN software regarding backlog entries of

vehicles in use and such entries have been restricted on the portal,

centrally by NIC which is evident from Annexure-M. The Ministry

of Road Transport and Highways has also addressed the NIC and

guidelines have been issued regarding backlog entry of in-use

registered vehicles and existing driving licenses, with a view to

further strengthen procedure of backlog entry and updation of

data. The uploading of certain documents have also been made

mandatory as per the guidelines.

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6. It is submitted that now the backlog entry is permitted

only for in-use registered vehicles and the entries shall be based on

the records maintained manually at the District Transport Office;

which is made the responsibility of the Registering Authority, i.e.,

District Transport Officer (DTO). As far as the misuse of the

provision of backlog entry by the staff of the District Transport

Office is concerned, an FIR has been lodged against the persons

involved in such irregularity, bearing Gandhi Maidan P.S. Case

No.227/23. The services of the employees who were deputed from

other organizations, who were found to have been involved in the

scam were also repatriated. 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. Three enquiry teams

have been constituted to look into similar fraudulent transactions

in the districts of Muzaffurpur, Bhojpur and Jamui. The

Transport Department on being apprised of the fraudulent

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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.

7. As far as the directions of the Hon’ble Supreme

Court, the Transport Department, Bihar has issued communication

dated 17.05.2017 produced as Annexure-B Series in C.W.J.C. No.

871/23 directing all DTO’s/MVI’s in the State of Bihar that the

order passed by the Hon’ble Apex Court is duly complied with.

The Transport Department has also constituted a team to conduct

an inquiry since the documents made available by the DTO’s, are

found to be in-sufficient.

8. We observe 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. A public spirited person, when

approaching the High Court has to ensure that some substantiating

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details are produced before the Court, which now is facilitated by

the Right to Information Act. 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. We

notice that in C.W.J.C. No. 1279 of 22, the named person against

whom allegations were raised was not impleaded. In C.W.J.C. No.

871 of 2023, the 8th and 9th respondents are referred to as all the

Regional Transport Offices and all the District Transport Offices,

Bihar which is not the manner in which impleadment of parties are

to be made for the purpose of answering allegations raised.

Omnibus allegations without any substantiation has to be rejected

at the outset.

9. In any event, since the writ petition was

entertained and the respondents have submitted their response,

with which we are satisfied, we close the writ petition.

(K. Vinod Chandran, CJ)

( Madhuresh Prasad, J)
sharun/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 09.05.2023
Transmission Date N/A