Jagdish Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9898 of 2019 ====================================================== Jagdish Singh, Son of Late Ram Sharan Singh Resident of Mohalla Lohiya Nagar, East, P.S. Suhuid Nagar, Ward No.26, district Begusarai. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Schedule Caste and Schedule Tribe Welfare Department, Government of Bihar Patna.

3.

The Secretary, Schedule Caste and Schedule Tribe Welfare Department, Government of Bihar, Patna.

4.

The Director Schedule Caste and Schedule Tribe Welfare Department, Government of Bihar, Patna.

5.

The Deputy Director, Schedule Caste and Schedule Tribe Welfare department, Government of Bihar, Patna.

6.

The District Welfare Officer, Arrah.

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

For the Petitioner/s :

Mr.Mahasweta Chatterjee For the Respondent/s :

Mr.Gyan Prakash Ojha (Ga7) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 28-01-2020 Heard learned counsel for the petitioner and learned counsel for the respondents.

Petitioner has prayed for the following relief: "(i) An appropriate writ may be issued directing the respondent no. 2, the Principal Secretary, Welfare Department to make necessary enquiry on the very serious allegation brought by the petitioner in his representation filed before him immediately preferably within three months with regard to

Patna High Court CWJC No.9898 of 2019(7) dt.28-01-2020 2/3 various illegal and irregular by some of the official leading to loss of State Exchequer.

(ii) An appropriate writ may be issued directing the respondent no. 2, the Principal Secretary to allow the petitioner to be present during course of enquiry and to allow him to produce the necessary documents in support of the allegation made by him in representation.

(ii) An appropriate writ may be issued commanding upon the respondent no. 2, the Principal Secretary, to take necessary action against the erring officials who will be found guilty in enquiry including recovery of the Government money misappropriated by them.

(iv) An appropriate writ may be issued commanding upon the respondent no. 2 to take necessary action on the enquiry report dated 24.09.2014.

(v) Any other reliefs may be granted in favour of the petitioner for which he is found entitled to."

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 making afresh within a period of four weeks from today. Learned counsel for the State states that upon receipt of such request, if any, the same shall be dealt with in

Patna High Court CWJC No.9898 of 2019(7) dt.28-01-2020 3/3 accordance with law, expeditiously and positively within a period of three months from the date of receipt thereof. 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. The petition stands disposed of in the aforesaid terms. (Sanjay Karol, CJ) ( Mohit Kumar Shah, J) sujit/- U