Patna High CourtCWJC/4510/2016disposed

Bipin Kishore Tiwari v. The State Of Bihar And ORS

2016-09-20Justice Smt. Anjana Mishra,The Chief Justice3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4510 of 2016 ======================================================

1. Bipin Kishore Tiwari, Son of Late Gaya Prasad Tiwari resident of Mohalla - Naya Tola, Mirchiabari, Police Station - Town, District - Katihar, at present Chairman, Koshi Project Workers Association, Purnea Region, Purnea.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

2. The Chief Secretary, Government of Bihar, Patna.

3. The Principal Secretary, Water Resources Department, Government of Bihar, Patna.

4. The Additional Secretary, Water Resources Department, Government of Bihar, Patna.

5. The Joint Secretary, Water Resources Department, Government of Bihar, Patna.

6. The Deputy Secretary, Water Resources Department, Government of Bihar, Patna.

7. The Under Secretary, Water Resources Department, Government of Bihar, Patna.

8. The District Magistrate, Katihar, Bihar.

9. The District Magistrate, Purnea, Bihar.

10. The Engineer-in-Chief, Department of Water Resources, Government of Bihar, Patna.

11. The Chief Engineer, North, Department of Water Resources, Purnea.

12. The Superintending Engineer, Mahanada Flood Control Circle, Katihar, Bihar.

13. The Executive Engineer, Mahanada Flood Control Division, Katihar, Bihar.

14. The Executive Engineer, Mahanada Flood Control Division, Salmari, Bihar.

15. The Executive Engineer, Mahanada Flood Control Division, Karhagola, Bihar.

16. The Accountant General (A & E), Bihar, Patna. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar, For the Respondent/s : Mr. Chitranjan Sinha, PAAG-2. Mr. Shailendra Kumar, AC to PAAG-2.

For the Accountant General: Mr. Bindhyachal Rai, Adv. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and

Patna High Court CWJC No.4510 of 2016 (2) dt.20-09-2016 2/3 HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 20-09-2016 Heard Mr.

Ajay Kumar, learned Counsel, appearing on behalf of the petitioner, and Mr. Chitranjan Sinha, learned Principal Additional Advocate General No.2, appearing on behalf of the State-respondents. Heard also Mr. Bindhyachal Rai, learned Counsel, appearing on behalf of the Accountant General, Bihar.

Having regard to the fact that though the petitioner has made allegations of defalcation/misappropriation of public fund, the petition is completely vague and does not, therefore, warrant invocation of extraordinary jurisdiction of the High Court, under Article 226 of the Constitution of India. While, therefore, closing the writ petition, we give the petitioner liberty to lodge, if so advised, a First Information Report with jurisdictional police station, and/or file a complaint in the criminal court of competent jurisdiction in order to bring the guilty, if any, to book.

If the First Information Report is lodged or the complaint is filed, the same shall be dealt with expeditiously and

Patna High Court CWJC No.4510 of 2016 (2) dt.20-09-2016 3/3 in accordance with law.

With the above observation, this writ petition stands disposed of.

(I.A. Ansari,CJ) (Anjana Mishra, J) K.C.jha/- U