Aman Kumar vs The State Of Bihar
2023 Latest Caselaw 3838 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                 Civil Writ Jurisdiction Case No.11546 of 2023
     ======================================================

Aman Kumar, Son of Pawan Prasad, Resident of Village-Ramdohar, Anchal- cum-Block-Dumariya, District-Gaya.

... ... Petitioner/s Versus

1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.

2. The Chief Secretary, Government of Bihar, Patna.

3. The Additional Chief Secretary, Rural Development Department, Government of Bihar, Patna.

4. The Director, Vigilance Department, Government of Bihar, Patna.

5. The Development Commissioner, Bihar, Patna.

6. The District Magistrate, Gaya.

7. The Deputy Development Commissioner Gaya.

8. The Sub Divisional Officer, Sherghati, Gaya.

9. The Accommodation Assistant (Aawash Sahayak), Aawash Yojana, Rural Development Department, Gaya.

10. The Executive Engineer, Aawash Yojana, Rural Development Department, Gaya.

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

For the Petitioner/s : Mr. Birendra Kumar Singh, Advocate For the Respondent/s : Mr. P.K. Shahi (AG) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 18-08-2023

The writ petition is in the nature of a public interest

litigation seeking a mandamus or an appropriate order

commanding the respondents to conduct proper investigation of

financial irregularities of Block-Dumariya, District-Gaya, in the

implementation of Pradhan Mantri Awas Yojana (PMAY). It is Patna High Court CWJC No.11546 of 2023 dt.18-08-2023

also prayed that the Director, Vigilance Department,

Government of Bihar, Patna may conduct a proper investigation

into the relationship between the Block authority and the Bank

which was involved in the illegal transaction of money.

2. Neither the Bank has been named or impleaded nor

is the impleadment of officials, who are alleged to have

misappropriated money, carried out in their personal capacity.

The petitioner merely assumes that there has been

embezzlement of money under the PMAY without any

substantiation. Annexure-3 is said to be a report of the District

Authority wherein nine persons are alleged to have been given

benefits of the scheme, who happen to be husband and wife. An

explanation has been called for, but again none of these nine

persons have been impleaded here. Again in paragraph-12, it has

been stated that in the financial year 2021-22, the following

persons were issued with the benefits under the scheme, but the

money was transferred to a different account. One of the persons

referred to has also given a complaint as per Annexure-5.

3. We are of the opinion that there are little facts

available to order an enquiry and in any event, the authorities

have been apprised of some irregularities. As we noticed, none

of the persons against whom allegations are raised, have been Patna High Court CWJC No.11546 of 2023 dt.18-08-2023

impleaded and it is not proper for this Court to direct a roving

enquiry to be conducted, also based on very scanty material.

4. The writ petition would stand closed, but however

without prejudice to any enquiry carried out by the District

Authorities.

(K. Vinod Chandran, CJ)

(Partha Sarthy, J) Sunil/-

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CAV DATE
Uploading Date          22.08.2023
Transmission Date