Application seeking Direction from Supreme Court in a Pending Case.

Format of Application seeking Direction from Supreme Court in a Pending case. 
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Parties can file application seeking direction in a Pending case, when
situation of the case are changed or when any enquiry report or other report
presented by any investigating or other authority or any authority is initiating
some action which will be against the interest of petitioner or to implement any
prayer or any other reason which affects the status of the case.

Sample format of Application Seeking Director from Supreme Court is given below:

 

IN THE SUPREME COURT OF INDIA
(CIVIL APPELLATE JURISDICTION)
(UNDER ARTICLE 136 OF THE CONSTITUTION OF INDIA)

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

IN THE MATTER OF:
Mr.____________________                              
PETITIONER

VERSUS

STATE OF __________ & ORS.                          
RESPONDENTS

APPLICATION SEEKING DIRECTION FOR CRIMINAL INVESTIGATION BY AN INDEPENDENT
AGENCY INTO THE FACTS AS DISCLOSED BY THE REPORT OF THE ACCOUNTANT GENERAL OF
_________.

To
HON’BLE THE CHIEF JUSTICE OF INDIA AND HIS COMPANION JUDGES OF THE SUPREME COURT
OF INDIA.

The Humble application of the Petitioner/Applicant above named.

MOST RESPECTFULLY SHOWETH:

1. That the present special leave petition is being preferred against the
final judgment/ order dated ___________ passed in LPA No. ________ of _____ by
the Hon’ble High Court of __________ at __________. The matter relates to the
irregularity, impropriety and illegality committed by the respondent No 1-2 in
awarding contracts for preparation of Migrant Labours Data to respondent nos 3-4
arbitrarily, without inviting tenders, citing bogus reason of urgency and at an
exorbitant rate of rupees _____ per Entry.

2. That all the facts leading to filing of the present application has been set
out in detail in the accompanying Special Leave Petition and the same are not
being repeated herein for the sake of brevity. The Petitioner/Applicant craves
leave to rely upon the contents of the same.

3. That this hon’ble Court in SLP (Civil) No __________ of _______ in the matter
titled __________ v. ______ & Ors. [ANNEXURE P-1 (PAGE________TO_________)]
directed the Accountant General of ________ to examine, either himself, or
through a committee, and submit a report on the following points:

a. Whether the respondent no 1 is justified in not inviting tenders by giving an
advertisement for the contract in question?

b. Whether the procedure followed by respondents Nos 1 to 2 in selecting
respondent Nos 3 to 5 for the job in question is proper and correct in the
circumstances of the case?

c. Whether the rate of Rs. ____ per Entry given to the respondents Nos 3 to 5
is the reasonable and proper rate? If not, what is the reasonable rate?

4. That this hon’ble Court on ________ in Civil Appeal Nos ________ of ______f
the SLPs as mentioned in the preceding para [ANNEXURE P-2 (i) (PAGE________TO_________)],
ordered:

“…The _______ High Court shall decide the appeals in the light of the
report submitted by the office of the Accountant General…”

5. That the report submitted by the learned Accountant General in the matter is
appalling inasmuch as it shows a clear criminal nexus between the government
departments viz. respondent no 1-2 and the contract awardees viz. respondent no
3-5. The report [ANNEXURE P-3 (ii) (PAGE________TO_________)] reveals
gross impropriety and illegality committed by respondents in procuring contracts
for preparation of Entries in a way that cost huge amounts to the public
exchequer.

6. Excerpts from the report as mentioned in the preceding para which clearly
show the criminality involved, thereby highlighting a need for an independent
investigation are reproduced thus:

a. …Thus, the work was not of an urgent nature and could have been taken up
after proper planning. Before inviting short notice tenders on _____ inability
of government presses in completing the acts was not ascertained. As the value
of the work was exceeding rupees 25,000 short notice tenders should have been
invited which was not done. Further, rates were invited only from three parties
instead of five as required under clause 10 of Government Resolution dated
_____.

Thus, action of respondent on _____ was in violation of provisions of the Manual
and Government Resolution dated _______ [PAGE __-__]

b. …Thus, review of progress of work on ______ was premature and the decision
taken by the Government on the basis of that review was not sound as:

i. Very little time was given to government presses for printing work.

ii. 35 to 40 per cent increase in production noticed in last two days was
ignored.
The exact date was never decided for completion of the work, i.e. Entering Data
to Server. Originally the work was to be completed by April, ___ as mentioned in
letter_____ from Advisor of Chief Minister….However, in the work order given
to private printers for supply of printed Khedut Pothis no date for completion
of work was mentioned and dates of supplies were intimated by the parties
themselves… [PAGE __-__]

c. …Thus, there was no correlation among the required, proposed and actual
production of respondent no 3 to 5. …It was not clear, if the work was urgent,
why time proposed by respondent no 3 to 5 twice of their production capacity was
agreed by respondent no 1….It is also pertinent to mention here that even
before the government decided in _________ to explore the possibility of
entering data through private parties in ________, a laminated specimen of Entry
at a proposed cost of rupees 25 per entry was sent by respondent no 3 (to whom
order for entering __ __ lakh out of ___ Entries was given) to government for
consideration. [PAGE __-__]

7. Thus, the Report of the learned Advocate General of ______ clearly
establishes need for a thorough investigation by an independent agency into the
facts disclosed.

PRAYER
In the above circumstances, it is most respectfully prayed that this Hon’ble
Court may graciously be pleased to:

a) Allow this application and direct criminal investigation by an agency
independent of the State of Gujarat into the facts disclosed in the Report of
the Accountant General of ____; and/or

(b) Pass such other or further order (s) as this Hon’ble Court may deem and
fit in the peculiar facts and circumstances of the case in favour of the
Petitioner.

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:
Date:
 

 

Note

Other Documents like affidavit, index etc needs to be attached with the
application.