Rafikul Mondal v. State Of West Bengal And ORS.

S/L 16 09.09.2022 Court. No. 19 GB W.P.A. 14723 of 2021 Rafikul Mondal VS The State of West Bengal & Ors.

Mr. Robiul Islam, Mr. Samiul Akhtar Munshi, Mrs. Pramita Banerjee, Mrs. Firoja Khatun.

... for the Petitioner.

Affidavit-of-service filed in Court today, be kept with the record.

The petitioner is a villager, who resides within the jurisdiction of Malopara Gram Panchayat. He submits that although funds had been sanctioned by the Central Government for certain works in the village under MGNREGA, no work had been done by the Gram Panchayat. The allottees had not performed their job and public money had been misused. With such allegation, the villagers had filed a complaint before the District Magistrate, Murshidahad.

It is alleged that the District Magistrate, Murshidahad had not taken any steps on the basis of the said complaint. Necessary orders are being prayed for.

Without going into the merits of the claims of the petitioner and without considering the factual aspects involving such allegations made by the petitioner against the respondents, the writ petition is disposed of, with liberty to the petitioner to approach the District Magistrate, Murshidabad with the details of his complaint. If such

representation is filed, the same shall be disposed of by the District Magistrate by making a thorough enquiry on the allegations. The petitioner, other interested and affected parties as also the panchayat authorities will be heard. A reasoned order containing the detailed finding by the District Magistrate, shall be passed and the same shall be communicated to all concerned.

On such finding, responsibility of the erring officials, shall also be fixed. Other legal steps may be taken, as permitted under the circumstances.

If the allegations of the petitioner are found to be correct, remedial steps shall be taken in accordance with law, to prevent repetition of such irregularity.

The entire exercise shall be completed within a period of four months from date of communication of this order. Accordingly, the writ petition is disposed of. However, there will be no order as to costs.

All the parties are directed to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)