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Patna High CourtCWJC/4764/2019dismissed

Sundar Kant Vidyarthi v. The State Of Bihar And ORS

2019-12-17The Chief Justice -,Mr. Justice Dr. Anil Kumar Upadhyay3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4764 of 2019 ====================================================== Sundar Kant Vidyarthi Son of Late Shiv Ram Jha, Secretary R.T.I. activist of Madhubani district resident of At and P.O. Belhbar, Panchayat Raghunidehat, P.S. Rajnagar, District- Madhubani.

... ... Petitioner/s

Versus

1.

The State of Bihar represented through Principal Secretary, Department of Home, Government of Bihar, Patna.

2.

Secretary Department of Home, Govt. of Bihar, Patna. 3.

Inspector General, (Prison) Depart of Home, Government of Bihar. 4.

Deputy Inspector General, Prison and reform Services, Bihar, Patna. 5.

District Magistrate, Madhubani.

6.

Superintendent of Jail, Mandal Kara, Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gopal Jha, Adv.

For the Respondent/s :

Mr.Prabhat Kumar Verma (AAG 3) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 17-12-2019 This application has been preferred praying inter alia for the following relief/s:

"(i) For holding that the allegations made against the respondents as contained in this application are serious of nature and deserves a through enquiry/investigation in order to save public money, bring the culprit to the book and maintain transparency, accountability and honesty in the matter of public works and interest.

(ii) For commanding the respondents to

Patna High Court CWJC No.4764 of 2019(8) dt.17-12-2019 2/3 hold and conduct enquiry/investigation in the allegations and bring the culprits to book and safeguard the public interest.

(iii) That by this Public Interest Litigation petitioner seeks proper and fair enquiry by an competent investigating agency, of the irregularities committed in the Mandal Kara Madhubani.

(iv) For commanding the respondents to take action on the report submitted by the respondent no.4, which was submitted in connection with the irregularities committed in the Mandal Kara Madhubani in financial year 2016-17 and 2017-18 and recover the embezzled amounts from the pocket of culprits.

(v) To issue a writ in the nature of Mandamus for a direction upon the respondents to cooperate the investigating agency in the investigation of the matter properly, promptly and without any bias and fear.

(vi) To issue an appropriate writ/writs, order/orders, direction/directions upon the respondents to ensure that the culprits of scam of the should be punished and the matter should be taken to its logical conclusion.

(vii) Any other relief or reliefs for which the petitioner is legally and validly entitled in the facts and circumstances of the case."

Learned counsel for the petitioner fairly states that

Patna High Court CWJC No.4764 of 2019(8) dt.17-12-2019 3/3 in view of the developments during the pendency of the present application, the application has become infructuous. The application is dismissed as having become infructuous.

(Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) K.C.Jha/- U