Binod Kumar Singh, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6535 of 2020 ====================================================== Binod Kumar Singh, son of Yogendra Singh, Resident of Village and Post Office- Rajpur Jaunapur, Police Station- Mohanpur (O.P.) Patori, District - Samastipur. Mobile No. 9955645948.

... ... Petitioner/s

Versus

1.

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

The Principal Secretary, Panchayati Raj Department, Government, of Bihar, Patna.

3.

The Principal Secretary, Rural Development Department, Government of Bihar, Patna.

4.

The Principal Secretary, Public Health Engineering Department, Government of Bihar, Patna.

5.

The Inspector General, Vigilance Department, Government of Bihar, Patna. 6.

The Commissioner, Darbhanga Division, Darbhanga. 7.

The District Magistrate, Samastipur.

8.

The Executive Engineer, Public Health Engineering Work Division, DistrictSamastipur. 9.

The Sub-Divisional Officer, Patori, District- Samastipur. 10.

The Block Development Officer, Mohanpur, District- Samastipur. 11.

The Assistant Engineer, Mohanpur Block, District- Samastipur. 12.

The Panchayat Secretary, Gram panchayat Raj, Rajpur Jaunapur, Mohanpur, Patori, District- Samastipur.

... ... Respondent/s ====================================================== (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Singh For the Respondent/s :

Mr.Pushkar Narain Shahi (Aag6) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR

2/4 ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) Date : 22-12-2020 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):- "For issuance of an appropriate writ by way of public interest litigation is being filed on behalf of the petitioner in the nature of mandamus or any other appropriate writ/writs, order/orders, direction/directions, command/commands for directing the respondents to enquire the defalcation of public money in "MUKHYA MANTRI SAAT NISCHAY YOJANA" in Samastipur District defalcated by the public representatives of the Gram Panchayat's employees and officials of the concern departments and after enquiry proper legal action may be taken against the guilt public representative, employee and concern officers in the interest of justice and protecting corruption in Samastipur District related to "MUKHYA MANTRI SAAT NISCHAY YOJANA".

After the matter was heard for some time, learned counsel for the petitioner submits that petitioner shall be content if a direction is issued to the concerned respondents to consider and decide the representation which the petitioner shall be filing for redressal of the grievance(s).

State has no objection to the same.

As such, petition is disposed of in the following terms: The petitioner shall file a representation before the authority concerned within a period of eight weeks.

3/4 The concerned respondent is directed to consider and decide such representation expeditiously and preferably within a period of two months from the date of its filing along with a copy of this order.

The proceedings, during the time of current PandemicCovid-19 shall be conducted through digital mode, unless the parties otherwise mutually agree to meet in person i.e. physical mode.

Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law.

We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch. Needless to add, while considering such representation, principles of natural justice shall be followed and due opportunity of hearing be afforded to the parties. Liberty reserved to the petitioner to approach the Court, if the need so arises subsequently on the same and subsequent cause of action.

We have not expressed any opinion on merits.

4/4 The petition stands disposed of in the aforesaid terms. Interlocutory Application(s), if any, also stands disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) veena/rrajivAFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date NA