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Patna High CourtCWJC/798/2021disposed

Jitendra Kumar v. The State Of Bihar

2021-07-19Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.798 of 2021 ====================================================== Jitendra Kumar son of Late Kedar Sharma resident of Village and P.O.- Arhwan, P.S.- Wazirganj, District- Gaya, at present ward member of ward no. 7 Gram Panchayat, Pura, Prakhand- Wazirganj, District- Gaya. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

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

3.

The Secretary, Department of Panchayati Raj, Govt. of Bihar, Patna. 4.

The District Magistrate, Gaya.

5.

The Addl. Collector cum Public Grievance, Gaya. 6.

The Sub- Divisional Officer Sadar, Gaya.

7.

The Block Development Officer Wazirganj Gaya. 8.

The Panchayat Secretary, Pura Gram Panchayat Wazirganj, Gaya. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jitendra Kumar, Mr.Bijay Kumar Pathak, Advocates.

For the Respondent/s :

Mr. Prateek Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-07-2021 Heard Mr. Jitendra Kumar, learned counsel for the petitioner and Mr. Prateek Kumar Sinha, AC to GA-5 for the State through video conferencing.

2. Learned counsel for the petitioner submits that Respondent Nos. 7 and 8 have committed irregularity in execution of developmental scheme under Ward No.7 of Gram Panchayat, Pura, Prakhand, Wazirganj, Distt-Gaya in which a huge amount of public money has been embezzled and misappropriated. Learned counsel further submits that petitioner

Patna High Court CWJC No.798 of 2021(2) dt.19-07-2021 2/3 had made a complaint before ADM, Public Grievance Redressal Officer-cum-First Appellate Authority, Gaya who without verifying the material on record has come to the finding that Respondent Nos. 7 and 8 have not committed any misappropriation/irregularity in the fund.

3. Learned counsel further submits that against order of the ADM, Public Grievance Redressal Officer-cum-First Appellate Authority, Gaya, the petitioner has preferred second appeal before District Officer-cum-Second Appellate Officer, Public Grievance Officer, Gaya vide Annexure P-8 on 23.10.2019 and since then, the same is pending there and the concerned authority is sitting tight over the matter.

4. Learned counsel for the State submits that District Officer-cum-Second Appellate Officer, Public Grievance Officer, Gaya may be directed to dispose of the representation/appeal filed by the petitioner within a reasonable period of time after hearing all concern.

5. After having heard the parties and taking into consideration the fact that the second appeal preferred by the petitioner is pending before District Officer-cum-Second Appellate Officer, Public Grievance Officer, Gaya, the writ petition is disposed of with a direction to the said authority to dispose of

Patna High Court CWJC No.798 of 2021(2) dt.19-07-2021 3/3 the second appeal filed by the petitioner at Annexure-P-8 within a period of three months in accordance with law after giving proper opportunity to all concerned.

(Anil Kumar Sinha, J) perwez U