Diwakar Kumar Singh v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7071 of 2016 ===========================================================

1. Diwakar Kumar Singh, Son of Ramroop Prasad Singh, Resident of VillageBighonia, Police Station- Belhar, District- Banka. .... .... Petitioner/s

Versus

1. The Union of India, through the Secretary Panchayati Raj Mantralay, Government of of India, Sardar Patel Bhawan, New Delhi.

2. The Under Secretary, Panchayati Raj Mantralay, Government of India, Sardar Patel Bhawan, New Delhi.

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

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

5. The Joint Director-cum-Additional Secretary, Panchayati Raj Department, Bihar, Patna.

6. The Joint Secretary (Law) Vigilance Department, Government of Bihar, Patna.

7. The Superintendent of Police (Speical Works Officer) Special Vigilance Unit, Bihar, Patna.

8. The Superintendent of Police, Vigilance Investigation Bureau, 6 Circular Road, Bihar, Patna.

9. The District Magistrate, Banka.

10. The District Panchayati Raj Officer, Banka.

11. The Sub Divisional Officer, Banka, District- Banka.

12. The Block Development Officer, Belhar, District Banka. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Kundan Kumar Mr. Ranjeet Kumar For the State : Mr. Chitaranjan Sinha, PAAG 2 Mr. Shailendra Kumar, A.C. to PAAG 2 For the Respondents 1 & 2 : Mrs. Nivedita Nirvikar, C.G.C. =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 20-09-2016 Having regard to the nature of allegations, which have been made in this writ application, made in the form of Public Interest Litigation, we are of the view that an enquiry into the

Patna High Court CWJC No.7071 of 2016 dt.20-09-2016 allegations of misappropriation of public fund, at the end of respondent No. 9, namely, the District Magistrate, Banka, would be appropriate.

In view of the above and in the interest of justice, this application is hereby disposed of with a direction to respondent No. 9 to enquire into the matter and do the needful in accordance with law.

The whole exercise, so directed, shall be completed within a period of six weeks from the date of receipt of a copy of this order by respondent No. 9.

The petitioner may furnish to respondent No. 9 certified copy of this order, along with a copy of the writ application and annexures thereto.

Send a copy of this order, through Fax, to the District Magistrate, Bank, forthwith.

(I. A. Ansari, CJ) (Anjana Mishra, J) Amin/- AFR/NAFR CAV DATE Uploading Date Transmission Date