Md. Galib Raza v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12154 of 2018 ====================================================== Md. Galib Raza, Son of Gulam Jilani, Resident of Village- Belari, P.O.- Belari, Police Station- Shambhuganj Belari, District- Banka. ... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Panchayati Raj, Govt. of Bihar, Patna .
2. The Principal Secretary, Panchayati Raj, Govt. of Bihar, Patna.
3. The Principal Secretary, Rural Development Department, Govt. of Bihar, Patna.
4. The District Magistrate, Banka.
5. The District Panchayat Raj Officer, District- Banka.
6. The Deputy Development Commissioner, Banka.
7. The Programming Officer, Shambhuganj, Banka.
8. The Block Development Officer, Shambhuganj, Banka.
9. Sri Kant Sinha, son of not known, the Panchayat Secretary, Gram Panchayat Chutiya, Belari, Block- Shambhuganj, District- Banka.
10. Ravi Shankar Kumar Singh, Son of not known, Panchayat Rozgar Sewak, Gram Panchayat Chutiya Belari, Block- Shambhuganj, District- Banka.
11. Bibi Farzina Begum, Wife of Md. Hadi Raza, the Mukhiya, Gram Panchayat Chutiya Belari, Block- Shambhuganj, District- Banka.
12. Ranjit Kumar, Son of Sri Sita Ram Das, B.C.A. Bihar Kshetriya Gramin Bank, Shambhuganj, District- Banka.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sarve Deo Singh, Advocate Mr. Sanjay Kumar, Advocate For the Respondent/s :
Mr. Pushkar Narain Shahi - Aag6 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 10-07-2018 Inter alia contending that there is a large scale irregularity and illegality and financial defalcations in various schemes, like PCC work, in execution of seven Nischay Yojana, MANREGA and further contending that in spite of representations
Patna High Court CWJC No.12154 of 2018 dt.10-07-2018 2/3 submitted and certain comments received by the District Magistrate, no action is being taken, this writ petition has been filed in public interest seeking enquiry into the matter. It is also pointed that under similar circumstances when complaints were made before the Principal Secretary in the department concerned, he is taking enquiry into the matter, but in this case, no action has been taken. In support thereof, a Notification/Resolution dated 15.06.2018 is brought to our notice to say that the Principal Secretary, Panchayati Raj Department, Government of Bihar is causing enquiry into the matter.
If that be so, the petitioner may represent the matter and bring to the notice of the Principal secretary of the Department concerned the action taken by him, as is indicated hereinabove, and it would be for the Principal Secretary to consider the grievance of the petitioner and proceed in accordance with law. That apart, in case, the petitioner has any grievance with regard to financial irregularity in execution of the MANERGA Scheme, now under the Scheme itself there is a remedy provided for enquiry into such complaints by constitution of State Level Committee and in various public interest litigation, this Court has also relegated the aggrieved person concerned to take recourse to the remedy available under the statutory scheme, i.e. MANERGA.
Patna High Court CWJC No.12154 of 2018 dt.10-07-2018 3/3 The petitioner is granted liberty to proceed with the irregularities in MANERGA. Under the said Scheme also, that apart, in case, the petitioner has any grievance still subsisting, he is granted liberty to file a statutory complaint before the Lokayukta organization of the State and it would be for the Lokayukta Organization to look into the grievance of the petitioner. With the aforesaid options to be exercised and liberty granted to the petitioner, we dispose of the matter. (Rajendra Menon, CJ) ( Rajeev Ranjan Prasad, J) Sunil/- AFR/NAFR NAFR CAV DATE NA Uploading Date 13.07.2018 Transmission Date