← Library
Patna High CourtCWJC/15756/2018disposed

Pankaj Kumar v. The State Of Bihar And ORS

2020-01-08The Chief Justice -,Mr. Justice Dr. Anil Kumar Upadhyay3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15756 of 2018 ====================================================== Pankaj Kumar, Son of Radhey Prasad Singh, resident of Village Pawai, P.S. and Block Pipariya, District- Lakhisarai.

... ... Petitioner

Versus

1.

The State Of Bihar through the Principal Secretary, Department of Panchayat Raj, Govt. of Bihar, Patna.

2.

The Divisional Commissioner, Munger Division, Munger. 3.

The District Magistrate, Begusarai.

4.

The Deputy Development Commissioner, Lakhisarai. 5.

The Block Development Officer Pipariya District Lakhisarai. 6.

The Programme Officer (Manrega) Pipariya District Lakhisarai. 7.

The Mukhiya Gram Panchayat Raj Saidpur Block Pipariya, DistrictLakhisarai. 8.

The Panchayat Rojgar Sevak, Gram Panchayat Raj Saidpura, DistrictLakhisarai. 9.

The Junior Engineer (Manrega) Block Pipariya District- Lakhisarai. ... ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr. Arun Kumar, Adv.

For the Respondents :

Mr. Pushkar Narain Shahi, AAG-6 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 08-01-2020 The petition filed on 08.08.2018 is listed for hearing for the first time today before the Court.

Heard learned counsel for the petitioner and learned counsel for the respondents.

Petitioner has prayed for the following relief: "For a direction upon the respondents concerned to conduct an enquiry with regard to Mass scale

Patna High Court CWJC No.15756 of 2018(2) dt.08-01-2020 2/3 irregularities and misappropriation of Public money by the Mukhiya and Rojgar Sewak (Respondent No. 7 & 8 respectively) in different Developmental schemes carried out under Gram Panchayat at Raj Saidpura Block Pipariya, District Lakhisarai under which by connivance with the official respondents without doing the work, public money has been misappropriated regarding which detailed complain giving specific reference to the scheme and names of labourers in whose name money has been withdrawn without engaging them under scheme of Manrega carried out under the concerned Gram Panchayat but till date neither any enquiry has been done nor action has been taken against responsible persons, in such a manner public money has been misappropriated. For a further direction to conduct or enquiry either by Vigilance Department or by any independent agency so that real truth may came out and erring persons may be suitably punished."

After the matter was heard for some time, learned counsel for the petitioner submits that petitioner shall be content if a direction is issued to the concerned respondents to consider and decide the representation, which the petitioner shall be making afresh within a period of four weeks from today. Learned counsel for the State states that upon receipt of such request, if any, the same shall be dealt with in accordance with law, expeditiously and positively within a period of three months from the date of receipt thereof.

Patna High Court CWJC No.15756 of 2018(2) dt.08-01-2020 3/3 Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law.

We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch. The petition stands disposed of in the aforesaid terms. (Sanjay Karol, CJ) ( Anil Kumar Upadhyay, J) Rajeev Kumar/- U