Hans Raj And Another v. State Of Haryana And Others

2024:PHHC:038478 THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.6377 of 2024 Date of Decision: 18.03.2024 Hans Raj and another ..... Petitioners

Versus

State of Haryana and others ..... Respondents CORAM : HON'BLE MR. JUSTICE RAJESH BHARDWAJ ***

Present:

Mr. Arjun Attri, Advocate for the petitioners.

*** RAJESH BHARDWAJ, J. (ORAL) Present writ petition has been filed for directing respondent No.2 to take appropriate action against respondent No.5 who embezzled the Panchayat funds by preparing the forged job cards and getting opened fake bank accounts and further directing respondent No.2 to get register the FIR against respondent No.5 and other persons who were found guilty in the inquiry dated 26.12.2023 (Annexure P-1) conducted by respondent No.3 and further to take action on the applications dated 02.02.2024 and 21.02.2024 (Annexures P-3 to P-5). It has been submitted by learned counsel for the petitioners that respondent No.5 is the elected Sarpanch, who has embezzled the Panchayat funds. He submits that the petitioner filed the complaint/application for initiating the action against respondent No.5 in RITTU 2024.03.19 10:56 I attest to the accuracy and integrity of this document

CWP No.6377 of 2024 -22024:PHHC:038478 accordance with law, however no action has been taken on the same till date.

Notice of motion.

On asking of the Court, Ms. Upasna Dhawan, AAG, Haryana appears and accepts notice on behalf of the respondents-State. She, however on instructions from Mr. Jaivir, Gram Sachiv, has submitted that on the complaint filed by the petitioner, the inquiry was entrusted to the Chief Executive Officer and the Chief Executive Officer in the conclusion of his inquiry has found that recovery of Rs.63,945/- are to be recovered from respondent No.5 which were to be deposited within 30 days. She has submitted that respondent No.5 has already deposited the said amount on 29.12.2023.

In view of the same, no direction is required to be given in the present petition and thus, the same is disposed of. However, the petitioners would be at liberty to avail their alternative remedies as available to them in accordance with law in case any further cause of action survives.

(RAJESH BHARDWAJ) JUDGE 18.03.2024 rittu Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No RITTU 2024.03.19 10:56 I attest to the accuracy and integrity of this document