Ram Ekbal Singh vs The Union Of India Through The ...
2023 Latest Caselaw 3496 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Civil Writ Jurisdiction Case No.18695 of 2021
     ======================================================

1. Ram Ekbal Singh, son of Late Ram Lakhan Singh Resident of Village and P.O. - Rajepur Nawada, P.s. - Pakaridayal, District- East Champaran.

2. Subodh Kumar Singh S/O Ram Naresh Singh Resident of Village and P.O. -

Rajepur Nawada, P.s. - Pakaridayal, District- East Champaran.

... ... Petitioner/s Versus

1. The Union of India through the Honble Minister, Rural Development, Agriculture and Farmers Welfare and Panchayati Raj, Government of India, Krishi Bhavan, Dr. Rajendra Prasad Road, New Delhi- 110001.

2. The Hon'ble Minister, Rural Development, Agriculture and Farmers Welfare and Panchayati Raj, Government of India, Krishi Bhavan, Dr. Rajendra Prasad Road, New Delhi - 110110001.

3. The State of Bihar through the Principal Secretary, Panchayati Raj Department, Government of Bihar, Patna.

4. The Principal Secretary, Panchayati Raj Department, Government of Bihar, Patna.

5. The Principal Secretary, Rural Works Department, Government of Bihar, Patna.

6. The District Magistrate, East Champaran.

7. The District Program Co-Ordinator, Motihari, East Champaran.

8. The District Panchayat Raj Officer, Gram Panchayat Raj Rajepur Nawada, Motihari, East Champaran.

9. The Block Development Officer, P.O. and P.S. - Pakri Dayal, Motihari, East Champaran.

10. Mr. Suraj Kumar Singh The Block Development Officer, P.O. and P.S. -

Pakri Dayal, Motihari, East Champaran.

11. Mr. Mukesh Kumar The Block Program Officer, Block - Pakri Dayal, Motihari, East Champaran.

12. Mr. Nandlal Paswan Junior Engineer, MNREGA, Block - Pakri Dayal, Motihari, East Champaran.

13. Md. Shahabuddin Junior Engineer, MNREGA, Block - Pakri Dayal, Motihari, East Champaran.

14. The Program Officer, Gram Panchayat Raj Rajepur Nawada, Motihari, East Champaran.

15. The Junior Engineer, Pakri Dayal Circle, Rural Works Department, Government of Bihar.

Patna High Court CWJC No.18695 of 2021 dt.04-08-2023

16. Mr. Santosh Kumar The Panchayat Technical Assistant, Pakri Dayal Circle, Rural Works Department, Government of Bihar.

17. Mr. Lakhraj Prasad The Panchayat Sewak, Gram Panchayat Raj Rajepur Nawada, Block, P.O. and P.S. - Pakri Dayal, Motihari, East Champaran.

18. Mr. Suresh Kumar The Panchayat Rojgar Sewak, Gram Panchayat Raj Rajepur Nawada, Block, P.O. and P.S. - Pakri Dayal, Motihari, East Champaran.

19. Gram Panchayat Raj Rajepur Nawada through its Panchayat Secretary, Block, P.O. and P.S. - Pakri Dayal, Motihari, East Champaran.

20. The Mukhiya, Gram Panchayat Raj Rajepur Nawada, Block, P.O. and P.S. -

Pakri Dayal, Motihari, East Champaran.

21. Smt. Uma Devi The Mukhiya, Gram Panchayat Raj Rajepur Nawada, Block, P.O. and P.S. - Pakri Dayal, Motihari, East Champaran.

22. The Ward Working Committee, Ward Nos. 1 to 13, Gram Panchayat Raj Rajepur Nawada, Block, P.O. and P.S. Pakri Dayal, Motihari, East Champaran.

23. Shri Ravindra Pandit S/O late Ram Deni Pandit R/O village - Rajepur Nawada, Motihari, East Champaran.

24. Shri Rajdeo Pandit S/O Late Ram Deni Pandit R/O village - Rajepur Nawada, Motihari, East Champaran.

25. Shri Sarvesh Pandit S/O Krishna Pandit R/O village - Rajepur Nawada, Motihari, East Champaran.

... ... Respondent/s ====================================================== Appearance :

       For the Petitioner/s     :       Ms.Vagisha Pragya Vacaknavi, Advocate
       For the Respondent/s     :       Dr. K N Singh, ASG

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date: 04-08-2023

Omnibus prayers are made in the above writ

petition on bald allegations of embezzlement, diversion of

funds, use of substandard materials in construction and so on. It

is also very relevant that while some of the persons against Patna High Court CWJC No.18695 of 2021 dt.04-08-2023

whom allegations are raised are impleaded, many others are not

so impleaded.

2. The petitioners claim to be residents of

Village-Rajepur Nawada and seek appropriate orders for

investigation into the malpractices alleged of misappropriation

of public money in the name of execution of works under the

various schemes formulated by the Central Government and the

State Government of Bihar. Allegations are made against the

construction of roads, schools, excavation works,

implementation of Mahatma Gandhi National Rural

Employment Guarantee Scheme and abusive exercise of power

is alleged against the party respondents impleaded as

Respondents No. 10 to 13, 16 to 18 & 21 to 25; impleaded in

their personal capacity. Some of them are officials of the

Government, then the Mukhiya of the Gram Panchayat

(Respondent No. 21) and her husband and relatives

(Respondents No. 23, 24 & 25). The allegations are also with

respect to the various construction works carried on in the

Village right from 2018-19.

3. The petitioners assert that there are 13 wards

constituted in seven villages in Rajepur Nawada and specifically

point out the works with their activity code numbers carried out Patna High Court CWJC No.18695 of 2021 dt.04-08-2023

between 2018-19 and 2019-20 which implementation has not

been carried out. It is alleged that amounts were fraudulently

withdrawn and hence a clear case of embezzlement of public

money; without any substantiating material. It is also alleged

that the embezzlers should be criminally prosecuted under the

Prevention of Corruption Act and the Indian Penal Code; which

the petitioners could as well have done. The petitioners,

however, by way of the purported public interest litigation, have

attempted for a roving enquiry, on directions of this Court by a

writ petition in which is raised unsubstantiated and broad

allegations.

4. Annexure-P/3 is said to be the details of

payments made to the Respondent No. 24, which is not an

authenticated document. It is not revealed from where the

petitioners obtained the details or the document.

5. The petitioners then refer to a State

Government Scheme called the Har Ghar Nal Jal Yojna for

supply of water to every house in the Panchayat. Again bland

allegations of serious embezzlement of public money is raised

against the relatives of the husband of the Mukhiya. It is alleged

that substandard materials were used in spite of clear guidelines

and that some of the residents in Ward No. 4 and 13 having been Patna High Court CWJC No.18695 of 2021 dt.04-08-2023

given the benefits of the aforesaid scheme. But for alleging

supply of substandard materials, the petitioners do not point out

any defect in construction which prevented the scheme from

being operated nor does the petitioners place on record the

guidelines alleged to have been issued. The petitioners again

rely on a newspaper report produced at Anenxure-P/4 without

looking around for any substantiating material or evidence.

6. It is alleged that water towers were erected

with substandard materials over private/raiyati lands and that

for Nal Jal Yojana in Ward No. 8, Rs. Two lacs were paid to

one Sarvesh Kumar and it is laconically stated that 'there are

many such irregularities'.

7. There are bland allegations made against the

Chairman of the Ward Committee and the Ward Secretary, who

are named in Paragraph-14 but not sought to be impleaded in

their personal capacity. Yet another Block Teacher has been

named in Paragraph-15, who is said to be colluding with the

husband of the Mukhiya; who has also been allotted a work

within the Panchayat, who has not been impleaded. Based on

such statements and many more repeated in the same manner,

bland allegations are raised of misappropriation, embezzlement

and diversion of funds. The petitioners have filed a voluminous Patna High Court CWJC No.18695 of 2021 dt.04-08-2023

writ petition, but without any substantiating material, which

would impress this Court to invoke the extra-ordinary remedy

under Article 226 of the Constitution of India.

8. A counter affidavit dated 04.05.2023 has been

filed by the 4th Respondent. It is stated that for the purpose of

enquiry or investigation into the schemes or programmes of the

Panchayati Raj Department, the State Government has framed

Bihar Panchayat (Inspection of Offices and Inquiry into Affairs,

Supervision and Guidelines) Rules, 2014 (hereinafter referred to

the 'Rules'). Under Rule 4(3) of the Rules, the District

Magistrate is empowered to enquire into the affairs when

complaints are received against the Mukhiya, Up-Mukhiya or

Members or Executive Officers of a Panchayat Samiti. The

enquiry can be with respect to failure to discharge the functions

according to the provisions of the Act, ignoring or willfully

omitting the directions of the Government or competent

authority and commission of financial irregularities.

9. A general direction has also been issued by the

Panchayati Raj Department vide letter dated 07.11.2014 with

regard to the procedure to be adopted for enquiry into the

allegations of irregularities, misconduct, embezzlement etc. and

the action to be taken thereunder. Under Section 170 of the Patna High Court CWJC No.18695 of 2021 dt.04-08-2023

Bihar Panchayat Raj Act, 2006, elected representatives of the

Local Bodies are public servants and hence, under Section 170

of the Act read with Section 2(b) of the Prevention of

Corruption Act, action can be taken against the elected

representatives of the Panchayati Raj Institutions, including the

Mukhiya under that Act. Letter dated 07.11.2014 is again

referred, to point out para-7, which enables the complaint of a

cognizable offence to be registered directly with the police.

10. It is also pointed out that for proper

implementation and execution of the Government programmes,

especially the Mukhya Mantri Gramin Payjal Nischaya Yojana

and Mukhya Mantri Gramin Gali-Naali Nischaya Yojana, the

State Government has framed the Ward Implementation and

Management Committee Conduct of Business Rules, 2017,

under which such works are being carried out. The works under

the Nischay Yojana are being carried out through various sub-

committees as per the statutory provisions. The District

Magistrates are also issued with guidelines as to how the

amounts can be withdrawn from the funds earmarked for the

schemes aforementioned. There is also a further communication

issued on 15.06.2018 with respect to the misappropriation of

Government money or illegal withdrawal of funds under the Patna High Court CWJC No.18695 of 2021 dt.04-08-2023

said programmes.

11. The Block Development Officer, Pakaridayal,

East Champaran has filed an affidavit dated 08.05.2023. After

the writ petition was filed, the District Panchayat Raj Officer

had directed enquiry by the Additional Sub-Divisional Officer

Pakridayal and the District Quality Monitor, East Champaran,

after making a site inspection. The aforesaid enquiry officers

called for relevant documents from the BDO and the Block

Programme Officer and the enquiry was conducted firstly, with

respect to Ward No. 4 and then Ward No. 7. The beneficiaries of

the schemes were interacted with personally and their signatures

were obtained, confirming the receipt of the benefits of the

schemes. The enquiry team did not find any irregularity in

implementation of the Central Government and the Government

of Bihar Schemes in Ward Nos. 4 and 7. A joint enquiry report

dated 25.04.2023 has also been filed. It has also been stated in

the joint enquiry report that enquiry into all the 13 wards would

take a long time.

12. Learned counsel for the petitioners

specifically point out that the enquiry was conducted only in

two wards. As we noticed at the outset, the allegations are

unsubstantiated and broad accusations are made without any Patna High Court CWJC No.18695 of 2021 dt.04-08-2023

specific instance and without any authenticated documents

produced. On the basis of the allegations raised, an enquiry team

was constituted and the enquiry team had inspected on site, the

programmes implemented in two wards and the petitioners'

allegations were found to be baseless. Based on such

unsubstantiated allegations, we cannot direct an enquiry into the

schemes implemented in all the 13 wards.

13. On expressing our inability to proceed further

with the matter, the learned counsel for the petitioners expressed

consternation and also spoke of the Government being given a

free hand, if the Court does not intervene. We have to only

remind ourselves about the clear separation of powers insofar as

the judiciary and the executive. It is not for the Courts to

administer the lands, for which the citizens have elected their

representatives to the respective Houses. The majority in the

legislature forms the Executive Government which device the

policies and implements it, in such manner as to ensure that it

reaches the citizens. Courts interfere only when arbitrary,

colourable, illegal actions are specifically brought out and it is

not for the Courts to monitor each and every action and

implementation of the schemes by the Government. The Courts

would not, in a public interest litigation filed without any Patna High Court CWJC No.18695 of 2021 dt.04-08-2023

research and making bland allegations, without even impleading

the persons against whom such allegations are raised, conduct a

roving enquiry of every scheme implemented in a Panchayat

that too for a period of about four years starting from 2018-19,

as the petitioners would desire. We ignore the aside made by the

Advocate with the disdain it deserves and dismiss the writ

petition.

(K. Vinod Chandran, CJ)

( Partha Sarthy, J) Sujit/-

AFR/NAFR                NAFR
CAV DATE
Uploading Date          11.08.2023
Transmission Date