Deepak Kumar @ Dipak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20815 of 2025 ====================================================== Deepak Kumar @ Dipak Kumar S/o Yamuna Rai, Resident of VillageEtwarpur, P.O. Manikpur, P.S. Lalganj, District Vaishali. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar.

2.

The District Magistrate, Vaishali at Hajipur. 3.

The District Programme Officer, Manrega, Lalganj, Vaishali. 4.

The Deputy Development Commissioner, Vaishali. 5.

The Executive Engineer, Tirhut Nahar Pramandal, Sariya, Muzaffarpur. 6.

The Block Programme Officer, MANREGA, Lalganj, Vaishali. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shailendra Kumar Singh Mr. Karu Kumar For the Respondent/s :

Government Pleader (19) ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 22-06-2026 Heard learned counsel for the petitioner and learned counsel for the State.

2. The instant writ application has been filed for the following reliefs:- (i) For directing the District Magistrate, Vaishali at Hajipur i.e. Respondent No.2 for conducting a thorough enquiry and pass appropriate orders on merits in accordance with law, in connection with the siphoning of public funds by the Mukhiya and Panchayat Rojgar Sewak of Gram Panchayat Raj, Etwarpur Sisoula, Block-Lalganj, whereby digging of unused/ non-functional under construction canal situated in Ward No.6, 7, 10 and 11, was made by Mukhiya and

2/4 Panchayat Rojgar Sevak without such departmental permission, under scheme No.

IC/20512050, IC/205224744, IC/20531368 and IC/20531374 as well as gross irregularities for embezzlement of the public fund has been made while uplifting the condition of the wells under Scheme No.01/21-2022 and in execution of other schemes in Ward No.03, Ward No.04 , Ward No.09, Ward No.11 and Ward No.14 of Gram Panchayat Raj, Etwarpur Sisoula.

(ii) For directing the District Magistrate to take immediate remedial action and also initiate criminal proceedings and taken appropriate coercive action against the erring respondents, if it is found during the enquiry that public funds have been siphoned and misused.

(iii) For passing appropriate order(s) in light of the facts and circumstances of this case in order to ensure the probity, transparency and fairness in the execution of the welfare schemes so that the people's faith in the system may remain intact.

3. Learned counsel for the petitioner submits that the petitioner is a resident of Gram Panchayat Raj, Etwarpur Sisoula and is aggrieved by the execution of canal construction works in Ward Nos. 6, 7, 10 and 11 by the Mukhiya and Panchayat Rojgar Sewak. It is submitted that the petitioner has repeatedly raised the aforesaid issues before the competent authorities and has submitted detailed representations dated 27.06.2025 and 18.07.2025 before the District Magistrate, Vaishali. According

3/4 to the petitioner, despite directions having been issued for conducting an enquiry, the relevant records have not been fetched by the Enquiry Officer for unexplained reasons. It is further submitted that, owing to the high-handedness of the Mukhiya and other office-bearers of the Gram Panchayat, the schemes are being executed and public funds withdrawn without due authorization.

4. Learned counsel for the State submits that the District Magistrate, Vaishali may be directed to take appropriate steps by fetching a report from the competent authority/person authorized by the district administration for resolution of the issues raised by the petitioner.

5. Considering the submissions advanced on behalf of the parties, this Court directs the petitioner to file a detailed representation, in continuation of the earlier representations, enclosing all relevant documents along with a copy of this order, before the District Magistrate, Vaishali within a period of three weeks from today.

6. Upon receipt of such representation, the District Magistrate, Vaishali shall examine the allegations made by the petitioner with reference to the official records. In the event, if it is found that public funds have been misutilized by the office-

4/4 bearers of the Gram Panchayat, appropriate action shall be taken strictly in accordance with law. The authorities shall also ensure that any further misutilization of public funds is immediately stopped and, if so required, an enquiry shall be conducted by constituting an appropriate committee, which shall be brought to its logical conclusion within a reasonable period.

7. With the aforesaid observations and directions, the instant writ application stands disposed of.

(Ajit Kumar, J) shikha/- U