Nand Jee Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14474 of 2014 ====================================================== Nand Jee Prasad S/o Sri Sampat Prasad Resident of Village Sikraul, P.S. Sikraul Lakh, District Buxar.

... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

The Commissioner, Magadh Division, Gaya.

3.

The District Magistrate, Gaya.

4.

The Lokpal, Mahatma Gandhi National Rural Employment Scheme, Gaya. 5.

The Deputy Development Commissioner, Gaya.

6.

The Block Development Officer, Koanch, Gaya.

7.

The Programme Officer, Koanch, Gaya.

8.

The Assistant Engineer, Koanch, Gaya.

9.

The junior Engineer, Koanch, Gaya.

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

For the Petitioner/s :

Mr.Brajesh Kumar Pandey For the Respondent/s :

Mr. Manoj Kumar, AC to GP 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 17-09-2019 Heard counsel for the petitioner and counsel for the respondents-State.

Petitioner has assailed the order whereby he has been saddled with responsibility of non-implementation of work under MGNREGA scheme.

Counsel for the petitioner submits that the petitioner has no individual responsibility in the matter. All parties involved in the process of implementation of the scheme have collective responsibility. Without identifying individual lapse or

Patna High Court CWJC No.14474 of 2014(6) dt.17-09-2019 2/2 proportionate liability of the petitioner, petitioner has been directed to deposit an amount of Rs 81,582/- in equal portion with all persons involved in the process of implementation of the scheme.

State Counsel referring to the averments made in the counter affidavit as well as revised instructions on Ombudsman issued by the Government of India, Ministry of Rural Development dated 24.05.2013 submits that the petitioner has remedy of appeal before three members of Appellate Authority under clause 13.4 of the Procedure of Redressal Grievances provided in the said revised instructions.

Writ petition is therefore, disposed of with liberty to the petitioner to approach three members of Appellate Authority since issue regarding liability of various persons involved in the process is required to be looked into with reference to record and facts.

Writ petition is disposed of.

(Madhuresh Prasad, J) s.hassan/- U