Patna High Court
Satish Kumar Sharma vs The State Of Bihar on 2 February, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.19722 of 2019
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Satish Kumar Sharma, S/o Late Vinay Sharma, Permanent resident of
Sadibigha, P.S.- Barahiya, Distt.- Lakhisarai, At present resident at 606, Tara
Tower, P.S.- Shastrinagar, Distt.- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. The Principal Secretary, General Administration Department, Govt. of Bihar,
Patna.
3. The Principal Secretary, Finance Department, Govt. of Bihar, Patna.
4. The Principal Secretary, Public Health Engineering Department, Govt. of
Bihar, Patna.
5. The Joint Secretary, Public Health Engineering Department, Govt. of Bihar,
Vishveshwariya Bhawan, Bailey Road, Patna.
6. The Officer on Special Duty, Public Health Engineering Department, Govt.
of Bihar, Vishveshwariya Bhawan, Bailey Road, Patna.
7. The Chief Engineer, Public Health Engineering Department, Govt. of Bihar,
Vishveshwariya Bhawan, Bailey Road, Patna.
8. The Superintending Engineer, Public Health Engineering Department, Govt.
of Bihar, Vishveshwariya Bhawan, Bailey Road, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Anil Kumar Singh, Adv.
For the Respondent/s : Mr.S. Raza Ahmad ( AAG-5)
: Mr. Vishwambhar Prasad, AC to AAG 5
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CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE S. KUMAR
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE S. KUMAR)
Date : 02-02-2021
Heard the parties.
Petitioner has prayed for following reliefs:-
"For directing the respondent authorities
to initiate enquiry in the work Rural
Water Supply under the Scheme of
"Gramin Pipe Jalapurti Yojna" within the
Patna High Court CWJC No.19722 of 2019 dt.02-02-2021
Gaya District wherein altogether nine
water tank cum boring have been failed
although expense of approx Rs. 4.5 crore
has been made by the respondents.
(ii) For directing the respondent
authorities to take suitable action against
the erring government officials who have
released the fund although work has
been executed in a very arbitrary manner,
resultant scheme failed in all respect.
(iii) For directing the respondent
authorities to recover the payment of
approx Rs. 4.5 crore from the cocern
government officials.
(iv) For issuing a writ in the nature of
mandamus against the respondent
authorities that in what circumstances the
officers who were involved in the
embezzlement of Govt. fund and held
responsible for the same by the enquiry
report dated 28.11.2015, instead of
taking any action against them, they have
been rewarded through promotion on
higher post."
Counter affidavit has been filed on behalf of
respondents in which it has been stated that for the same cause
of action petitioner has filed a complaint before the Hon'ble
Lokayukta Bihar, Patna numbered as Complaint
1/PHED/01/2017 which is pending before the Administrative
Members of Lokayukta.
It has been further stated that three member
committee has been constituted by letter dated 09.09.2019 under
Patna High Court CWJC No.19722 of 2019 dt.02-02-2021
the Chairman Engineer-in-Chief-cum-Special Secretary, Public
Health Engineering Department, Patna and on basis of its report
show cause have been issued to 12 officers found to have
committed irregularities in the execution of scheme and
departmental proceeding has been initiated against the erring
officers.
In view of counter affidavit filed by respondents, no
purpose will be served by keeping this matter pending, as such,
present writ petition is disposed of.
Liberty reserved to the petitioner to approach the
Court, if the need so arises subsequently on the same and
subsequent cause of action.
(Sanjay Karol, CJ)
( S. Kumar, J)
veena/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 18.02.2021
Transmission Date NA
