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Patna High CourtCWJC/14759/2023disposed

Mukesh Paswan v. The State Of Bihar

2024-04-30Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14759 of 2023 ====================================================== Mukesh Paswan Son of Suresh Paswan Resident of Village-Ekchari Purab Tola, Police Station-Rasulpur, District-Bhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Chief Secretary, Government of Bihar, Patna . 3.

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

4.

The principal Secretary, Vigilance Department, Government of Bihar, Patna. 5.

The District Magistrate, Bhagalpur.

6.

The Deputy Development Commisioner, Bhagalpur. 7.

The Sub-Divisional Officer, Kahalgaon, District-Bhagalpur. 8.

The Sub-Divisional Public Grievance Redressal Officer, Kahalgaon, District-Bhagalpur.

9.

The Block Development Officer, Kahalgaon, District-Bhagalpur. 10.

Ravi Sinha Son of not Known, Presently Posted as Block Development Officer, Kahalgaon, District-Bhagalpur.

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

For the Petitioner/s :

Mr.Diwakar Yadav, Advocate For the Respondent/s :

Mr.Vikash Kumar ( SC-11 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-04-2024 The present writ petition has been filed seeking the following reliefs:- "1.(i) For issuance of an appropriate writ / order / direction to proceed by way of administrative action against respondents no. 9 and 10 by a competent authority for awarding suitable punishment against them for the admitted irregularities /

Patna High Court CWJC No.14759 of 2023(2) dt.30-04-2024 2/3 misappropriation committed by them in execution of Pradhan Mantri Awas Yojna in Gram Panchayat Raj Ekchari of District- Bhagalpur.

(ii) For issuance of an appropriate writ / order / direction to that awarding heavy punishment against contractual employees of Class-III and awarding punishment of warning by an officer who is not competent to award such punishment of warning against respondents no. 9 and 10 is only an eyewash.

(iii) For issuance of an appropriate writ / order / direction as per the affidavit / show cause filed in M.J.C. No. 244 of 2023 the respondents no.9 and 10 has been found responsible for commission of the allegations but the D.D.C.

Bhagalpur without recommending the matter to the competent authorities for taking action against respondent no. 9 and 10 himself saturated the matter on the basis of warning against respondent no. 9 and 10.

(iv) For issuance of an appropriate writ / order / direction that the order dated 10.05.2023 passed by respondent no.

6 is a collusive order with respondents

Patna High Court CWJC No.14759 of 2023(2) dt.30-04-2024 3/3 no. 9 and 10 only with a view to giving clean cheat to respondents no. 9 and 10 for his admitted wrongs in his show cause."

2.

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to approach the respondent no. 3 i.e. the Principal Secretary, Rural Development Department, Government of Bihar, Patna, for redressal of his subsisting grievances, if any. Liberty, so sought, is granted.

3.

Accordingly, the present writ petition stands disposed off.

(Mohit Kumar Shah, J) S.Sb/- U