Ramesh Kumar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7674 of 2023 ====================================================== Ramesh Kumar Choudhary S/o. Sri Shyam Sundar Choudhary Resident of Village- Pahi, Ward No. 11, Mahaveerasthan, Post- Sarisabpahi, P.S. and Anchal and Block- Pandaul, District- Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Rural Development Department, Government of Bihar, Patna.

2.

The Principal Secretary, Panchayati Raj Department, Government of Bihar, Patna.

3.

The Secretary, Gramin Karya Bibhag, Government of Bihar, Patna. 4.

The Additional Chief Secretary, Panchayati Raj Department, Government of Bihar, Patna.

5.

The Commissioner, Darbhanga Division, Darbhanga. 6.

The District Magistrate, Madhubani.

7.

The Superintendent of Police, Madhubani.

8.

The Sub- Divisional Officer, Sadar, Madhubani. 9.

The Block Development Officer, Pandaul Block, District- Madhubani. 10.

The Block Gram Panchayat Raj Officer, Pandaul Block, DistrictMadhubani. 11.

The S.H.O. of Pandaul Police Station, Pandaul, District- Madhubani. 12.

The Gram Panchayat Raj, Saresabpahi, East, through the Panchayat Secretary, P.S. and Block- Pandaul, District- Madhubani. 13.

The Mukhiya, Gram Panchayat Raj, Sarisabpahi East, P.S. and BlockPandaul, District- Madhubani. 14.

The Panchayat Secretary of Gram Panchayat Raj, Sarisabpahi, East, P.S. and Block- Pandaul, District- Madhubani.

15.

The Ward Implementation Management Committee of Ward No. 2, through its Secretary, Gram Panchayat Raj, Sarisabpahi, East, P.S. and BlockPandaul, District- Madhubani. 16.

The Ward Implementation Management Committee of Ward No. 14, through its Secretary, Gram Panchayat Raj, Sarisabpahi, East, P.S. and BlockPandaul, District- Madhubani. 17.

Smt. Saraswati Devi, Wife of Sri Kedarnath Jha at present Mukhiya of Gram Panchayat Raj, Sarisabpahi, East, P.S. and Block- Pandaul, DistrictMadhubani. 18.

Smt. Shakuntala Devi, Wife of Sri Khublal Roy the Ex-Ward Member- cumPresident of the Ward Implementation Management Committee of Ward No. 2 of Gram Panchayat Raj, Sarisabpahi, East, P.S. and Block- Pandaul, PostSarisabpahi, District- Madhubani. 19.

Niraj Sah, Son of Sri Chhotulal Sah the Secretary of the Ward

Patna High Court CWJC No.7674 of 2023 dt.25-08-2023 2/3 Implementation Management Committee of Ward No. 2 of Gram Panchayat Raj, Sarisabpahi, East, P.S. and Block- Pandaul, Post- Sarisabpahi, DistrictMadhubani. 20.

Bulan Sadai, Son of Negar Sadai the Ex-Ward Member- cum- President of the Ward Implementation Management Committee of Ward No. 14 of Gram Panchayat Raj, Sarisabpahi, East, P.S. and Block- Pandaul, PostSarisabpahi, District- Madhubani. 21.

Smt. Sunita Devi, Wife of Bajrang Kamat the Ward Member- cumSecretary of the Ward Implementation Management Committee of Ward No. 14 of Gram Panchayat Raj, Sarisabpahi, East, P.S. and Block- Pandaul, PostSarisabpahi, District- Madhubani. 22.

Neha Kumari, Daughter of Sri Dharmendra Chaudhary the Junior Engineer of Panddaul Block as well as of Gram Panchayat Raj, Sarisabpahi, East, P.S. and Block- Pandaul, District- Madhubani.

23.

Sri Praffula Kumar Singh, Son of Sri Amarnath Singh at present Panchayat Secretary of Gram Panchayat Raj, Sarisabpahi, East, P.S. and BlockPandaul, Post- Sarisabpahi, District- Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Chandra Mauli Chaurasia, Advocate For the Respondent/s :

Mr.Manish Kumar (GP-4) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 25-08-2023

1. The writ petition allegedly filed in public interest projects financial irregularities and embezzlement. It is prayed that Respondent No. 6 may be directed to conduct an enquiry on the spot in Ward Nos. 2 and 14 of Gram Panchayat, Sarisabpahi East situated within Pandaul Block in the district of Madhubani. It is claimed that there is huge misappropriation and defalcation of public money carried out by Respondent Nos. 18 to 21 in collusion with Respondent Nos. 9,10,13,14, 17, 22 and 23 under

Patna High Court CWJC No.7674 of 2023 dt.25-08-2023 3/3 the Nal Jal Yojana, without execution of the works allotted to them by the respondent authorities. The petitioner also seeks that the Inquiry Report may be directed to be filed before this Court for taking legal action and step against the Respondent Nos. 17 to 23.

2. In fact, there is a public grievance redressal mechanism by way of Public Grievance Redressal Officer constituted under the Bihar Right to Public Grievance Redressal Act, 2015. The petitioner would be entitled to seek such remedy before the Public Grievance Redressal Officer and there is no scope for carrying out an enquiry on the basis of the allegations raised in the writ petition, that too with monitoring carried out by this Court.

3. Leaving open the said remedy, the writ petition would stand dismissed.

(K. Vinod Chandran, CJ) (Partha Sarthy, J) P.K.P./- AFR/NAFR CAV DATE Uploading Date 30.08.2023 Transmission Date