Sandeep Kumar Choubey v. The State Of Bihar Through Principal Secretary, Home Deptt. Govt. Of Bihar, Patna.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.813 of 2021 Arising Out of PS. Case No.- Year-0 Thana- District- Aurangabad ====================================================== 1.

Sandeep Kumar Choubey, S/o Birendra Choubey, R/o Village-Hameed Nagar, P.S. Uphara, District-Aurangabad.

2.

Bal Kumar Prasad, S/o Late Sita Ram Paswan, R/o Village-Hameed Nagar, P.S. Uphara, District-Aurangabad.

3.

Vedwanti Devi, W/o Janardan Chaubey, R/o Village-Hameed Nagar, P.S. Uphara, District-Aurangabad.

4.

Nar Singh Bhagat, S/o Late Pitambar Bhagat, R/o Village-Hameed Nagar, P.S. Uphara, District-Aurangabad.

... ... Petitioners

Versus

1.

The State Of Bihar through Principal Secretary, Home Deptt. Govt. Of Bihar, Patna.

2.

The Principal Secretary, Co-operative Society, Department, Bihar, Patna. 3.

The Director General, Vigilance, Bihar, Patna. 4.

The Superintendent Of Vigilance, Patna.

5.

The Managing Director, The District Central Co-operative Bank, Aurangabad.

6.

The General Manager, District Co-operative Bank, Aurangabad. 7.

The Branch Manager, District Central Co-operative Bank, Goah Branch, Aurangabad.

8.

The Registrar, Co-operative Society Bihar, Patna. 9.

The Deputy Registrar, Co-operative Society, Aurangabad. 10.

The Joint Secretary Co-operative Department Magadh Division Gaya. 11.

The District Magistrate, Aurangabad.

12.

The Chairman, Primary Agriculture Society, Tayap Aurangabad. ... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Satish Kumar Sinha, Advocate.

For the Respondent/s :

Mr.Bindhyachal Rai, Advocate.

For the vig. Investigation:

Mr. Anil Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 22-09-2022 Heard learned counsel for the petitioners, learned counsel for the State and learned counsel for the Vigilance

Patna High Court CR. WJC No.813 of 2021(2) dt.22-09-2022 2/3 Investigation Bureau.

Petitioners, in the present case, are seeking the following reliefs:

"(A) A writ in the nature of mandamus, or any other appropriate writ order/orders, direction commanding the respondents for the following:- (i) To complete the investigation pending before the Vigilance with respect to misappropriation of the amount of Primary Agriculture Society Tayap.

(ii) To take appropriate action on the enquiry report submitted by three Men Committee contain in letter no. 123 dated 24.09.2014, Annexure -7 to this petition. (iii) To restrain the Respondent to take cohesive step in red card issued to the particular and the loanee for realization of the loan amount till the completing the enquiry before the vigilance.

(B) To any other relief/reliefs for which the petitioner is entitled in law."

Mr. Anil Singh, learned counsel representing the Vigilance Investigation Bureau submits that for the present he is not aware of the stage of the enquiry and the time likely to be taken in completion thereof.

In the kind of reliefs prayed in this writ application, this Court deems it just and proper to dispose of the same with a direction to the respondent authorities to look into the grievance of the petitioners and in case any enquiry, as claimed by the petitioners, is pending, the same be completed as early as

Patna High Court CR. WJC No.813 of 2021(2) dt.22-09-2022 3/3 possible preferably within a period of six (6) months from the date of communication of this order.

Let it be recorded that this Court has not gone into the merit of the allegations and the direction to complete the enquiry is solely based on the averments in the writ petition that such enquiry is pending.

This writ application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) vats/Rajeev U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.