A bad workman quarrels with his tools : HC to Himachal Govt

Himachal Pradesh High Court casted an aspersion on the Jai Ram Thakur
Government of Himahcal Pradesh in a 36 paged order related to illegal mining, stating that a
bad workman quarrels with his tools

The Division bench of Justice Tarlok Singh Chauhan and Justice Jyotsna Rewal Dua disposed off a
civil writ petition on Jan 5 made the remarks in very first line of 36 paged order that ” A bad workman quarrels
with his tools”, the saying aptly applies to the stand taken by the State in the instant case to justify
omission of its officials for not ensuring compliance to the statute and rule framed  there under.

The state Government in reply given to a Vidhan Sabha query raised by the Congress member Asha Kumari
in the state assembly on Dec 15 stated that it would ensure early release of payment of many contractors by seeking vacation of the order of relaxing condition of M-form (material forum)  due to which the payment is pending with the Public works department for years.

The court said that  concerned officers and the concerned  departments ensured compliance of
Himachal Pradesh Minor Minerals (Concession) and Minerals(Prevention of illegal mining Transportation
and Storage Rule 2015 to ensure that illegally extracted material does not get transported.

The Petitioner opposed the contention of state government to remove the riders on the contractors to reveal the lawful source procurement of the material
supplied for Government projects or works.

The complaint in the writ petition filed before the court  said that for various developmental activities in the state like construction of roads, buildings, power
projects etc are being executed through Private contractors or companies .

These contractors  or firms carry out rampant  illegal and indiscriminate means and transport or supply minor minerals to the state government bills for the minor minerals are submitted by them without
disclosing the legal source of minor minerals like sand, Bajari, stone, gravel and boulders etc.

The petitioner prayed that the state department
should not be allowed to clear such bills without asking the contractor to produce transport other mining permits mandatorily required under 2015 rules as they have to submit the M-Forum for the purpose.

The complaint said that it was for state officials of the department to see that transported minor minerals were accompanied  with (W/X Form)-transit pass. By simply charging royalty on the transported mineral, the source of mineral could not be detected.

The petitioner alleged  State could not legalise the transported mineral without verifying the source of the extracted mineral supplied by the contractors.

The court held that under the existing provisions
of mining laws no minor mineral would be be allowed to be transported unless and until it is accompanied
with transit pass, mandated under the Rules.

In case of transport of minor mineral procured from outside the State, compliance of procedure mandated in 2015 Rules should be ensured.

In case minor mineral generated at the worksite etc.
is intended to be used at the worksite without transporting the mineral, then the concerned officials will ensure due compliance of Rule and other applicable provisions of 2015 Rules before
allowing such use.

In case the authorised officials detect transport of
minor mineral in violation of 2015 Rules, prompt action in accordance with 2015 Rules shall be taken against the offenders.

Responsibility and accountability of concerned officials shall also be fixed in case of omission to ensure compliance of the Rules.

No bill of the contractor for transport or supply of the
minor mineral, which in terms of 2015 Rules is required to be carried with transit passes etc. should  be cleared by any State department or authority unless it is accompanied by transit pass- Form W/X etc. duly issued by the competent authority.

With respect to the bills of the contractors pending as
on date, the State Public Works Department in consultation with the State Industries Department, would hold inquiry to ascertain the source of transported/supplied minor mineral.

Within one week from today, the Principal Secretary, Public Works Department and Principal Secretary, Industries Department shall each nominate two officers of their department for conducting the aforesaid inquiry.

The concerned contractor should also be associated in the inquiry. The inquiry should  be completed by the
officers within two months from today.

On conclusion of the inquiry, in case the officials are satisfied that mineral in question transported and supplied was procured from a legal source in
accordance with law, then appropriate order should be passed by the competent authority for releasing the payment.

If officials are not satisfied action for violation of Rules as warranted under the 2015 Rules shall be
taken against the offenders in accordance with law.

Court directed the official respondents should  ensure that copy of this judgement is circulated to all concerned quarters for compliance.