Lalan Sah v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.197 of 2016 =========================================================== Lalan Sah, S/o Dhorai Sah, Gram Panchayat Siswa (East), Block Banjaria, P.S. Banjaria, District East Champaran, Motihari at present Deputy Mukhia, Gram Panchayat Raj, Siswa (East) Dist East Champaran, Motihari .... .... Petitioner

Versus

1. The State of Bihar through the Pincipal Secretary, Rural Development Department, Govt. of Bihar, Patna.

2. The Pincipal Secretary, Rural Development Department, Govt. of Bihar, Patna.

3. The District Magistrate, East Champaran, Motihari

4. The Deputy Development Commissioner, East Champaran, Motihari.

5. The Block Development Officer, Banjaria, District East Champaran.

6. The Programme Officer, MNREGA, Banjaria, District East Champaran.

7. The District Panchayat Raj Officer, East Champaran, Motihari.

8. Panchayat Sewak, Gram Panchayat, Rozgar Sewak, Mnrega, Banjaria, East Champaran, Motihari.

9. Panchayt Rozgar Sevak, Gram Panchayat, Rozgar Sewak, Rozgar Sewak, Mnrega, Banjaria, East Champaran, Motihari.

10. The Mukhiya of the Gram Panchayat, Rozgar Sewak, Mnrega, Banjaria, East Champaran, Motihari.

.... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Sharda Nand Mishra, Advodate Mr. Dhananjay Kumar Gupta, Advocate For the Respondent/s : Mr. Vivek Prasad, GP-18 =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 30-01-2017 Heard learned counsel for the parties.

Pursuant to order dated 12.01.2017, the District Magistrate, East Champaran, Motihari is present. A counter affidavit has also been filed on behalf of respondents no. 3 to 5.

Patna High Court CWJC No.197 of 2016 dt.30-01-2017 2/3 The petitioner was aggrieved by inaction on the part of the respondents in taking appropriate steps in view of there being alleged misappropriation of Government funds in Gram Panchayat Siswa (East), in the district of East Champaran. The counter affidavit filed today discloses that twice enquiry was done and the allegation was found correct pursuant to which the concerned accused persons were noticed and it was deemed appropriate to get the matter enquired by a District Vigilance Committee which includes a technical person since the allegations are of such nature. The same has been done on 25.01.2017.

On a query of the Court, the District Magistrate, East Champaran assured that within two weeks the report, as has been directed to be submitted would be done, and thereafter within one week, appropriate action shall be taken. He further assures the Court that due to the matter not being placed before him earlier by his office, he shall also take action within two weeks against the concerned person in his office which shall be effective and not a mere formality.

On the basis of such assurance given by Mr. Anupam Kumar, District Magistrate, East Champaran the case stands disposed off so that the matter can be taken to its logical conclusion within the time frame, as has been indicated by the District Magistrate, East Champaran, himself.

Patna High Court CWJC No.197 of 2016 dt.30-01-2017 3/3 The personal appearance of the District Magistrate, East Champaran stands dispensed with.

(Ahsanuddin Amanullah, J) A.I./- AFR/NAFR U