Rajesh Kumar Gupta v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13607 of 2013 =========================================================== Rajesh Kumar Gupta Son of Late Ramjee Prasad resident of Baksaria Tola, Bahari Begumpur, P.S. Bypass, District - Patna, Bihar. .... .... Petitioner/s

Versus

1. The State of Bihar through the Divisional Commissioner, Tirhut Division, Muzaffarpur, Bihar

2. The District Magistrate, District Vaishali, Bihar

3. The Deputy Development Commissioner, District Vaishali, Bihar

4. The Director, Accounts Administration, District Rural Development Authority, District Vaishali, Bihar

5. The Programme Officer cum Block Development Officer, Block Vaishali, District - Vaishali .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Prabhat Ranjan For the Respondent/s : Mr. Dhurjati Kr. Prasad =========================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL JUDGMENT Date: 27-10-2016 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is challenging the order dated 28th June 2013 by which the petitioner has been directed to deposit Rs. 1,47,927/- on account of irregularity found in implementing the MANREGA Scheme.

The counsel for the petitioner submits that order has been passed ex parte as before passing the order, the petitioner has not been given any notice of show cause asking him to explain about the irregularities found in implementation of MANREGA Scheme whatsoever be irregularity, unless fair hearing is giving, any hearing after the order, would not remove inherent defect of post decisional hearing has not been approved by the Apex Court and the State does

Patna High Court CWJC No.13607 of 2013 dt.27-10-2016 2/2 not dispute this submission of petitioner.

In such view of the matter, the order dated 28th June 2013 is set aside and the matter is remanded back to the Deputy Development Commissioner, Vaishali who, after giving show cause notice and fair hearing, will take decision in accordance with law by passing a reasoned order with respect to petitioner only. With the above observation/direction, this petition is disposed of.

(Shivaji Pandey, J) Mahesh/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 10.11.2016 Transmission Date