Judgment:
ORDER
1. In these writ applications challenge primarily is to the orders placed by various subordinate courts with The Law/ The Legal Reliables, Legal Miscellany, and The Cuttack Law House (opposite parties in some of the writ applications) for supply of law books. The petitioners in O.J.C. Nos. 2001, 2402, 2388, 3237 and 4055 of 1996 are the publishers and book sellers, while petitioner in O.J.C. No. 2431 of 1996 is claimed to be a Co-operative Society of lady lawyers. Main grievance of the petitioners is that there were lot of underhand dealings in placing orders with the aforesaid concerns. Such allegations have been denied by the recipients of the orders.
2. It is to be noted here that pursuant to the direction given by the Apex Court in All India Judges' Association v. Union of India, AIR 1992 SC 165 : (1992 Alt LJ 185), Judicial Officers/Courts arc to be supplied with law books for effective functioning of the courts. For that purpose a sum of Rs. 45,00,000/- (forty five lakhs) was placed for disbursement to various courts and funds were allotted to the respective District Judges. According to the petitioners, without even notifying about the need for purchase, and/ or inviting tenders surreptitiously orders were placed and undue favour was shown to it chosen few.
The stand of the recipients of the orders on the other hand is that they are reputed concerns, carrying on business of supply of books since long, and on coming to know that funds are being placed with the various District Judges, approach was made either personally or by letter communication, and on being satisfied about their bona fides, and their capacity to supply the books, the orders were placed.
3. The concerned officers in their affidavits have stated that after the judgment of the Supreme Court in All India Judges' Association's case (supra), the orders for supply of books were placed with reputed suppliers after observing necessary formalities.
4. It is trite law that while entering into contracts or issuing quotas or granting any other form of largess, the concerned functionary cannot act arbitrarily and at its sweet will. Its action must be in conformity with the standard or norms which are not arbitrary, irrational or irrelevant. The action must come out unscathed on the touchstone of reasonableness and fairplay. It should be in the greater public interest. There should not be any doubt about bona fides in the action involving public money, more particularly when judicial officers are involved. Like Caesar's wife they should be above suspicion. There must be transparency in their action, Public funds should be utilised in a manner to extend maximum benefit to the intended beneficiaries. Utility of law books for judicial officers needs no elaboration or emphasis. There must be best possible utilisation of funds intended for purchase of law books for judicial officers. Any deficiency in its mode of utilisation cannot be lightly brushed aside. The unnecessary hurry with which orders were placed without making effort to get best possible offers attaches vulnerability to the action.
5. It is an undisputed position that tenders/quotations were not obtained. On the basis of introductory letters and approaches by the recipients of the orders the orders were placed. Some of the affidavits filed are quite revealing. It was stressed that while placing funds, the Government in Home and Finance Departments had issued instructions to surrender the unutilised balance of funds under different Heads of Expenditure by 10th of March, 1996 positively. That ruled out the time consuming process of calling for tenders. Reference to some of the affidavits filed by the officers is necessary to appreciate the rival stands.
6. The affidavit of the Registrar, Civil Courts, Dhenkanal filed on 15th May, 1996 shows that the Agent of The Cuttack Law House contacted the office for supply of books. He was asked to supply the price-list of the books required to be purchased, and accordingly the Agent submitted the price-list and order was placed on 24-2-1996 as the financial year was going to be closed soon. On receipt of the order, The Cuttack Law House submitted credit bill giving a discount of 10% on the said bill. After the order was placed, the Agent of The Law, and The Law House, Cuttack met the District Judge on 29-2-1996 with a catalogue of books. Since the order had already been placed with The Cuttack Law House, no order could be placed with the aforesaid two concerns, It is fairly accepted that large number of books were purchased from All India Reporter, Nagpur, Cuttack Law Times, Orissa Law Reviews, and Vinod Publications, Delhi in the past.
7. The affidavit of Shri Srikanta Kumar Nanda, Registrar, Civil Courts, Keonjhar, shows that the representative of The Cuttack Law House made a voluntary approach for supply of books with specified rates, and as there was no sufficient time to follow the process of inviting quotations from different law publishers and book sellers, arid in order to avoid the lapse of amount sanctioned by Government, a pro forma bill was called for.
8. The affidavit filed by Shri A. K. Patnaik, Registrar, Civil Courts, Baripada is very interesting. It is stated that after receipt of allotment, the office put up note to place order for purchase of law books with the Proprietor, The Cuttack Law House, Cuttack. But prior to that on 10-2-1996 as per discussion with the District Judge, the Judicial Officers of Baripada, namely, the Registrar, the SDJM, Shri L. Biswal, JMFC and Shri Section Patel, JMFC had the occasion to attend a function at Cuttack, and personally contacted the law book sellers, namely, Legal Miscellany, Orissa Law Reviews and The Cuttack Law House to come to Baripada on 15th or 16th February, 1996 with quotations. Only the Proprietor, The Cuttack Law House arrived. This shows casualness with which the whole matter was dealt with.
9. The affidavit of the Registrar, Civil Courts, Phulbani is absolutely vague. He has stated that he contacted all the Law Book Sellers at Cuttack for supply of books and requested them to submit the list of books. None of the book sellers except The Cuttack Law House came up and supplied the book list. It is not stated as to when he contacted the Law Book Sellers and the time stipulated by which the details were to be supplied. There is no whisper as to whether there was written communication or the intimation given was oral.
10. From the counter affidavit filed by the Registrar, Civil Courts, Sundergarh, it appears that the District Judge, Sundargarh came to Cuttack with the Librarian for the purpose of purchase of books and discussed with the Manager, The Cuttack Law House and obtained pro forma bill. It is not indicated as to why The Cuttack Law House was chosen. This also is quite unusual.
11. The actions of the State, the instrumentality, any public authority or person whose actions bear insignia of public law element or public character are amenable to judicial review and the validity of such action would be tasted on the anvil of Article 14 of the Constitution.
12. The counter affidavit filed on behalf of the Cuttack Law House is rather revealing. It is stated therein that the District Judges purchased the books towards close of the financial year and keeping this in mind sales representatives were sent to contact the District Courts for the purpose of getting orders. It is also stated that on receipt of the orders from the various District Courts, purchases were made from various Book Sellers and great prejudice would be caused if the orders placed with it are cancelled. The documents annexed to the affidavit dated 10-4-1996 are very revealing.
13. In relation to Balangir judgeship, it shows that a letter purported to have been written on 28-2-1996 was sent for supply of books. Interestingly the date of the bill is indicated to be 28-2-1996. The document which is annexed is a part of Anncxure-H/4 series. One bill is stated to be Bill No. 41/96 dated 4-3-1996, and another is Bill No. 40/96 dated 2-3-1996. On the delivery challan dated 8-3-1996 there is an endorsement by the Registrar that the books were delivered at his residence. Undisputedly 12-3-1996 was a working day. There is no reason as to why the books were delivered at the residence of the Registrar.
14. The counter affidavit filed by G. Anji (opposite party No. 4 in OJC No. 2001 of 1996) is very revealing. Reference is made to the Bill of Asia Law House dated 29-2-1996, which shows that fifty copies each of books on Urban Land Ceiling and Human Rights were indented to be purchased in respect of the orders received from various Courts. Similarly thirty-two copies of banking laws were stated to have been supplied by India Law House. The books relating to Human Rights, Urban Land Ceiling and Banking Laws are really of no use to the subordinate courts, and the orders placed by various Courts also do not reflect about any intention to purchase the books dealing with Human Rights. Urban Land Ceiling and Banking Laws.
15. The aspects highlighted above, do not leave good taste in mouth, and show lack of bona fides while dealing with public money. In the circumstances, we have no hesitation in holding that the orders placed with The Cuttack Law House, The Law, The Legal Reliables, Legal Miscellany were not in the public interest and arc to be cancelled. Public funds are not to be spent in a manner which is surrounded with suspicious circumstances, indicative of underhand dealings.
16. Petitioner in O.J.C. No. 2431 of 1996 has submitted that the registered co-operative societies have to be given preference in the matter of placement of orders. The petitioner claims to be a society of lady Advocates. Learned counsel for some of other petitioners submitted that formation of such society, which intends to carry on business clearly is in violation of professional ethics and amounts to professional misconduct. We do not express any opinion in that regard. It is for the Bar Council to take note of misconduct, if any. The circulars relied upon to claim privilege have no relevance to the dispute at hand.
17. It is relevant to quote paragraphs 29 and 30 of the decisions of the Apex Court in All India Judges' Association's case (supra) which reads as follows at page 173 :
'29. Law books, Law reports and legal journals are indispensable to a judicial officer. They are in fact his tools and in case a junior officer has to discharge his duties satisfactorily he has to get acquainted with these. His ability to perform his duty to a considerable extent depends upon his reading habit, and devoting a sizeable working time to reading all this literature. Reading habit is indispensable to ajudicial officer and possession of a small library of one's own helps generation of the proper reading habit. Law books and Law journals have in particular become very costly these days. One standard Law Journal for the decisions of the High Court, another for the decisions of this Court and one or two standard Law journals on the average would cost about Rs. 200/- a month.
30. There is no existing system of providing Law books and journals to the officers of the lower judiciary. Many of the judicial officers in the lower ranks have their working places away from the district headquarters where the seat of the district judge is located. There is perhaps at every district headquarter a small library but the number of books is small and more than one copy of many of the books would not be available. Therefore, whether it is at the district headquarter or in areas away therefrom, effective library facility is not available. We are of the view that a uniform pattern of small library should be provided to every judicial officer. We accordingly direct that such a library shall be made available by 30-6-1992 to every judicial officer and the District Judge should have provision made in his budget for the said residential library for every judicial officer under his control. The High Court should monitor this aspect effectively so that without loss of time, a handy library may be at the disposal of every judicial officer.'
There is a clear mandate that the High Court shall monitor the provision for library, and in the case at hand the High Court was not even consulted before placing the orders. This adds to vulnerability.
18. We direct that a Committee of three Registrars of the High Court shall be constituted. The Committee shall obtain from the respective District Courts the requirement of books, which shall be submitted by each of the District Judges keeping in view the allotment of funds made in respect of the concerned district. After getting details from the District Judges, the Committee shall invite quotations from the Book Publishers/ Suppliers whose names appear in the mailing list of the High Court Library, and as far as practicable from the reputed Book Publishers of the country, by issuing individual notices. The relevant details shall be submitted by the concerned District Judges by 12th of November, 1996. The bids in sealed covers shall be obtained by 8th December, 1996. After opening the bids, the details shall be worked out and placed before a Committee of Judges to be constituted by the Hon'ble the Chief Justice. The Judges' Committee shall take final decision in the matter, with approval of the Hon'ble the Chief Justice. The payment to the concerned Book Publishers/Suppliers shall be made out of the funds deposited with this Court after the concerned District Judges furnish certificates to the Committee of Registrars to the effect that the books have been supplied and duly entered in the relevant registers maintained in the Courts of concerned Judicial Officers.
The writ applications are disposed of accordingly.