Uma Shankar Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1922 of 2015 ====================================================== Uma Shankar Singh, son of Late Chandra Deo Singh, Resident of Village + Post Ijorbara, P.S. - Fenhara, East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Principal Secretary, Panchayati Raj Department, Bihar, Patna.

3. The Additional Director General of Police, Vigilance Department, Bihar, Patna.

4. The District Magistrate, District - East Champaran.

5. The Circle Officer, Fenhara, District - East Champaran.

6. The Block Development Officer, Fenhara, District - East Champaran.

7. Maha Devi, Wife of Shiv Kumar Singh, Resident of Village + Post - Ijorbara, Anchal - Fenhara, District - East Champaran.

8. Shiv Kumar Singh, son of Late ramadhar Singh, Resident of Village + Post - Ijorbara, Anchal - Fenhara, Panchayat - Bara Prasauni, District - East Champaran.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajeev Ranjan For the Respondent/s : Mr. P.K. Singh, SC-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 16-09-2015 Heard the parties.

The petitioner charges the private respondent nos.7 and 8 of indulging in acts of omission and commission and financial irregularities.

According to the petitioner, whereas respondent no.7 held the post of Mukhiya for the period 2001 to 2006, her husband i.e. respondent no.8 was elected to the post for the period 2006 to 2011. It is the complaint of the petitioner that during the tenure of respondent nos.7 and 8 several acts of financial irregularities have been committed in the matter of

Patna High Court CWJC No.1922 of 2015 (3) dt.16-09-2015 construction of Samudayik Bhawan/Panchayat Bhawan. With reference to the representation addressed to the District Magistrate dated 12.9.2008 placed at Annexure-1 and an enquiry report submitted from the office of the Lokayukt dated 28.1.2010 present at Annexure-4 it is submitted by Mr. Rajeev Ranjan, learned counsel appearing for the petitioner that the complaint made by the petitioner is confirmed. He submits that despite the attention of the District Magistrate, East Champaran having been drawn nothing has progressed and hence this writ petition.

A counter affidavit has been filed on behalf of the respondents in its Department of Panchayati Raj and enclosing a letter dated 24.6.2015 of the Anushravan Padadhikari of the Panchayati Raj Department addressed to the District Magistrate, East Champaran it is submitted that the District Magistrate, East Champaran has been directed to look into the matter and take appropriate steps in this regard.

Having heard learned counsel for the parties and considering the directive issued by the Department of Panchayati Raj Department to the District Magistrate, East Champaran to consider the issue raised by the petitioner and to take appropriate steps, this writ petition is disposed of with a

Patna High Court CWJC No.1922 of 2015 (3) dt.16-09-2015 direction to the District Magistrate, East Champaran to complete the exercise and pass appropriate order in accordance with law but only after giving opportunity of hearing to the respondent nos.7 and 8. An expeditious disposal on the issue preferably within a period of six months from the date of receipt/production of a copy of this order would be appreciated. (Jyoti Saran, J) SKPathak/- U