Suryaprakash Pandey @ Sonu vs The State Of Madhya Pradesh
2021 Latest Caselaw 7092 MP

                                                                     1                            WP-23965-2021
                                         The High Court Of Madhya Pradesh
                                                  WP No. 23965 of 2021
                                      (SURYAPRAKASH PANDEY @ SONU Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                                 1
                                 Jabalpur, Dated : 08-11-2021
                                        Shri Vibudhendra Mishra, counsel for the petitioner.
                                        Shri Tapan Bathre, Panel Lawyer for the respondents/State.

This petition under Article 226 of the Constitution of India has been filed by the petitioner seeking following relief:-

(i). Direct the authorities to act swiftly in the matter and recover the entire money from the culprits.

(ii). Call for the entire records pertaining to the matter.

(iii). Direct an enquiry in the matter so that persons directly or indirectly involved in the corruption may be punished in a time bound manner.

(iv). Issue any other appropriate writ, direction or order as it deems fit and proper looking to the facts and circumstances of the case.

I t is submitted that petitioner along with other villagers has made a complaint about large scale corruption committed in the Gram Panchayat Bahuti to the superior authority during the year 2010 to 2015. A three members committee was constituted comprising of Assistant Engineer, Block Panchayat Officer and Additional Programme Officer who have inquired into the matter and submitted the inquiry report which is Annexure-P-2.

The allegations made in the complaint were found to be correct and inquiry report was forwarded to the senior officer on 17.12.2020 but no subsequent action has been taken by the authorities in pursuance to the same. The petitioner has filed a representation to the respondent authorities for taking further action in pursuance to the inquiry report but of no Signature Not Verified SAN consequence, therefore, a petition has been filed seeking innocuous relief that Digitally signed by MOHD IRFAN SIDDIQUI Date: 2021.11.10 10:53:31 IST 2 WP-23965-2021 the authorities be directed to consider the representation and take a subsequent action.

Counsel appearing for the State has vehemently oppose the submission and submitted that once on the complaint made by the petitioner the cognizance was taken by the authority then no further locus is available to the

petitioner to file the petition again for subsequent action. The aforesaid aspect was considered by this Court in Writ Petition No.18387/2020 (M.P. Karamchari Congress Vs. The State of Madhya Pradesh and others) decided on 06.01.2021, wherein it was held that once the complaint filed by the petitioner and cognizance was taken on the complaint, then the work of the petitioner is over no further locus is available to the petitioner to seek further action on the complaint or the inquiry report. The aforesaid order passed by the Single Bench was upheld by the Division Bench in Writ Appeal No.64/2021 vide order dated 10.02.2021.

In such circumstances, no relief as prayed for can be extended to the petitioner.

Heard the learned counsel for the parties and perused the record. From perusal of the record, it is not disputed that on the complaint made by the petitioner the cognizance was taken by the authorities and the inquiry was got conducted into the allegation with respect to the illegalities committed in work of panchayat during the year 2010 to 2015 but after submission of the inquiry report, no further action has been taken by the authorities, therefore, this petition is filed.

As far as locus of the petitioner to file subsequent petition is concerned, aforesaid aspect was dealt by this Court in the case of aforesaid Writ Petition No.18387/2020 (supra) wherein it was held that the petitioner has no locus to file the petition again. The aforesaid judgment was upheld by the Division Bench in Writ Appeal No.64/2021 (supra).

In view of the law laid down by the Division Bench of this Court, the

Signature Not Verified petitioner is having no locus to file the present petition.

  SAN




Digitally signed by MOHD IRFAN
SIDDIQUI
Date: 2021.11.10 10:53:31 IST
                                                                     3                           WP-23965-2021

However, looking to the fact that the cognizance was taken by the authorities and inquiry was got conducted into the allegations and inquiry report was submitted on 17.12.2020. It is expected that the senior authorities will taken subsequent action in view of the report which is forwarded to the Assistant Engineer on 17.12.2020.

Accordingly, this petition is disposed of.

(VISHAL MISHRA) JUDGE

irfan

Signature Not Verified SAN

Digitally signed by MOHD IRFAN SIDDIQUI Date: 2021.11.10 10:53:31 IST