Application for Directions in a Pending Supreme Court Case - Format

IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION

INTERLOCUTORY APPLICATION NO. ____ OF 20__
IN
SPECIAL LEAVE PETITION (CIVIL) NO. ____ OF 20__

IN THE MATTER OF:

Mr./Ms. ______________________________ Petitioner/Applicant

VERSUS

State of __________________ & Ors. Respondents

APPLICATION SEEKING APPROPRIATE DIRECTIONS FOR AN INDEPENDENT INVESTIGATION INTO THE FACTS DISCLOSED BY THE REPORT OF THE ACCOUNTANT GENERAL OF __________

To,
The Hon'ble Chief Justice of India
and His/Her Companion Justices
of the Supreme Court of India.

The humble application of the Petitioner/Applicant above named:

MOST RESPECTFULLY SHOWETH:

1. That the above Special Leave Petition has been filed against the final judgment/order dated __________ passed by the Hon'ble High Court of __________ at __________ in LPA/Appeal/Petition No. __________ of ________. The matter concerns alleged irregularity, impropriety and illegality in the award of contracts for __________________________ to Respondent Nos. ____ to ____, including the alleged non-invitation of tenders, invocation of urgency and award of work at an allegedly excessive rate of Rs. ________ per entry/item.

2. That the material facts leading to the filing of the present application are already set out in the accompanying/pending Special Leave Petition and are not repeated herein for the sake of brevity. The Applicant craves leave to refer to and rely upon the pleadings and documents forming part of the record.

3. That this Hon'ble Court, by order dated __________ passed in SLP (Civil) No. __________ of ________, titled __________________ v. __________________ & Ors., directed the Accountant General of __________ to examine the matter, either directly or through an appropriate committee, and submit a report on, inter alia, the following issues:

(a) Whether Respondent No. 1 was justified in not inviting tenders through appropriate public notice/advertisement for the contract in question;

(b) Whether the procedure adopted by Respondent Nos. 1 and 2 in selecting Respondent Nos. 3 to 5 for the work in question was proper and lawful in the facts and circumstances of the case; and

(c) Whether the rate of Rs. ________ per entry/item awarded to Respondent Nos. 3 to 5 was reasonable and proper and, if not, what would constitute a reasonable rate.

A true copy of the relevant order is annexed hereto and marked as ANNEXURE A-1 (pages ____ to ____).

4. That thereafter, by order dated __________ in Civil Appeal No(s). __________ of ________, this Hon'ble Court directed that the proceedings be considered in the light of the report submitted by the office of the Accountant General. A true copy of the said order is annexed as ANNEXURE A-2 (pages ____ to ____).

5. That the Accountant General has since submitted a report concerning the transaction in question. According to the Applicant, the findings recorded in the report disclose serious procedural and financial irregularities requiring examination by an agency independent of the concerned State authorities. A true copy of the report is annexed as ANNEXURE A-3 (pages ____ to ____).

6. That the relevant portions/findings of the report relied upon by the Applicant may be briefly set out here, with page references, including findings concerning tender procedure, urgency, selection of private parties, production capacity, rates, financial implications and any other circumstance material to the relief sought.

7. That the subsequent report constitutes a material development directly connected with the subject matter of the pending proceedings. The Applicant therefore respectfully submits that appropriate directions are necessary so that the issues disclosed by the report may be independently and effectively examined in accordance with law.

8. That the present application is bona fide, is confined to relief arising from the pending proceedings and is being filed in the interests of justice.

PRAYER

In the above facts and circumstances, it is most respectfully prayed that this Hon'ble Court may be pleased to:

1. allow the present application and direct an investigation, by an agency independent of the concerned State authorities, into the matters disclosed in the report of the Accountant General of __________, to the extent considered appropriate by this Hon'ble Court; and/or
2. pass such other or further order(s) or direction(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

AND FOR THIS ACT OF KINDNESS THE APPLICANT AS IN DUTY BOUND SHALL EVER PRAY.

Drawn on: __________
Drawn by: __________

FILED BY
__________________________
ADVOCATE-ON-RECORD FOR THE APPLICANT

Place: New Delhi
Date: __________