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Patna High CourtCWJC/19415/2021disposed

Binod Prasad Yadav, v. The State Of Bihar

2022-04-15The Chief Justice -,Mr. Justice S. Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19415 of 2021 ====================================================== Binod Prasad Yadav, son of Late Thako Prasad Yadav, resident of Village and Post-Khokhanaha, P.S.-Marauna, District-Supaul, State-Bihar-854301. At present residing Khokhanaha Punarwas ward no. 15 Nagar Parishad, Supaul (near Kabristan), P.O.-Supaul, P.S. and District-Supaul, Bihar-852131. ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate, Supaul.

3.

The Deputy Development Commissioner, Supaul.

4.

The Praobationary Senior Deputy Collector, Supaul. 5.

The Sub-Divisional Officer, Nirmali.

6.

The District Panchayati Raj Officer, Supaul.

7.

The District Project Officer, Supaul.

8.

The Block Development Officer, Marauna.

9.

The Block Programme Officer, Marauna.

10.

The Executive Engineer, District Rural Development Department, Supaul. 11.

The Junior Engineer, Rural Development Department, Marauna Block. 12.

The Assistant Engineer, Rural Development Department, Marauna Block. 13.

The Gram Panchayat Technical Assistant, Rural Development Department, Marauna Block.

14.

The Panchayat Rozgar Sevak, Gram Panchayat Raj, Ghogharariya. 15.

The Panchayat Secretary, Gram Panchayat Raj, Ghogharariya. 16.

The Mukhiya, Gram Panchayat Raj, Ghogharariya under Marauna block, Smt. Archana Pritam, gender-female, wife of Rajiv Ranjan, resident of Village-Ghogharariya, Post-Manoharpatti, Block-Marauna, P.S.-Nadi, District-Supaul-847452.

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

For the Petitioner/s :

Mr.Kuldeep Kumar, Advocate For the Respondent/s :

Mr.Anjani Kumar ( AAG4 ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE S. KUMAR) (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) Date : 15-04-2022 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):-

2/4

3/4 Petitioner in this writ petition filed in the nature of public interest litigation has highlighted the misappropriation and defalcation of Govt. fund released under MGNREGA welfare scheme by the officials and elected representatives of Ghogharia Panchayat in Nirmali Sub-division under Supaul district.

Petitioner has alleged loot of Govt. money under MGNREGA scheme from year 2016-17 to 2021-22 and further alleged that without completing the schemes under MGNREGA, schemes have been shown as completed and embezzled the Govt. money. It is further submitted by learned counsel for the petitioner that on complaint filed by him, an enquiry was conducted by the SDO, Nirmali through a Probationary Deputy Collector, Supaul and on enquiry made several laches, lapses and financial irregularities were found in execution of schemes and he submitted the enquiry report to the SDO, Nirmali who send said enquiry report along with his remarks to the DDC, Supaul but no action has been taken by the DDC, Supaul, even after receipt of said enquiry report.

The writ petition is disposed of with liberty to the petitioner to file a detailed representation before the DDC, Supaul, who thereafter shall take appropriate action on the basis

4/4 of enquiry report submitted by the SDO, Nirmali as well as allegations made in the representation filed by petitioner within three months from the date of receipt/production of a copy of the order passed by this Court.

With aforesaid liberty, the writ petition is disposed of.

(Sanjay Karol, CJ) (S. Kumar, J) Sanjay/- AFR/NAFR NAFR CAV DATE NA Uploading Date Transmission Date NA