Vishal Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9524 of 2020 ====================================================== Vishal Singh Son of Vijay Kumar Singh Resident of Village- Bahadurpur, P.s.Parasi, District- Arwal ... ... Petitioner/s
Versus
1.
The State of Bihar through the Additional Chief Secretary, Rural Development, Government of Bihar, Patna 2.
The Divisional Commissioner, Magadh Division, Gaya 3.
The District Magistrate, Arwal 4.
The District Development Commissioner, Arwal 5.
The Block Development Officer, Arwal Block, Arwal 6.
The District Coordinator, Arwal Block, Arwal 7.
Smt. Vimla Devi Wife of Satish Kumar Singh Resident of VillageBahadurpur, P.s.- Parasi, District- Arwal, at present Mukhiya, Rampur Baina Panchayat, Arwal Block, District- Arwal 8.
Satish Kumar Singh S/o Late Ram Kailash Singh Resident of VillageBahadurpur, P.s.- Parasi, District- Arwal ... ... 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.Akhilesh Dutta Verma For the Respondent/s :
Mr.Lalit Kishore ( AG ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) Date : 23-12-2020 Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):- "(I) For giving a direction to take appropriate action/enquiry against the erring officials of Arwal District, Arwal Block and Public representative Reampur Baina Panchayat (Mukhiya) for embezzlement of public fund by way of defalcation in connection with Swachha Bharat Mission (Gramin).
Patna High Court CWJC No.9524 of 2020 dt.23-12-2020 2/3 (II) For giving a direction to lodged and an F.I.R. though appropriate agency (Department of Vigilance) after a full enquiry.
III.
For a direction to compete the enquiry which was constituted on 28.05.2020 by Block Development Officer, Arwal upon the complaint of the petitioner." 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. 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
Patna High Court CWJC No.9524 of 2020 dt.23-12-2020 3/3 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.
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