Uttarakhand High Court
Unknown vs State Of Uttarakhand And Others on 16 April, 2024
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
HON'BLE THE CHIEF JUSTICE MS. RITU BAHRI
AND
HON'BLE SRI JUSTICE RAKESH THAPLIYAL
16TH APRIL, 2024
WRIT PETITION (PIL) No. 83 OF 2020
Suratmani Paliwal.
...Petitioner
Versus
State of Uttarakhand and others.
...Respondents
Counsel for the petitioner. : -
Counsel for the respondents. : Mr. J.C. Pande, learned Standing
Counsel for the State of Uttarakhand/
respondent nos. 1 to 9.
JUDGMENT :
(per Ms. Ritu Bahri, C.J.)
The present PIL has been filed seeking a
direction to constitute a Special Investigation Team
(SIT), with regard to the embezzlements done by
respondent 11 during his tenure as Village Pradhan of
Village Panchayat Kwili, Post Magron, Tehsil Devprayag,
District Tehri Garhwal, with a further direction to the
respondents not to construct Moltha-Nekhri Motor
Road, by deforestation, in between Panghat - Talli
Machhiyari, since a civil land was available for the said
purpose.
2. After notice of this Petition, a counter
affidavit dated 14.08.2020 has been filed by the
Assistant Engineer, Temporary Division, Public Works
Department. In this affidavit, it is stated that the
Government has approved the motor road in the
constituency of Devprayag from Kwili to Nekhari, along
from Macchiyari (approximately 8 km in 1st Phase) vide
Government Order dated 29.02.2016, for which
approval has been obtained by the administrative level.
Vide letter dated 30.08.2016-Annexure No. CA-2,
sanction has been given by the Superintending
Engineer, and vide letter dated 02.09.2019-Annexure
No. CA-3, approval has been obtained from the Ministry
of Environment Forest and Climate Change,
Government of India.
3. Another counter affidavit has been filed by
the District Panchayat Raj Officer, Nainital dated
01.09.2020. With regard to the allegations of
embezzlement, vide letter dated 04.07.2020-Annexure
No. CA-2, a direction has been given by the Director,
Panchayat Raj to the District Magistrate, Tehri Garhwal
to constitute a District Level Committee for doing
inquiry.
4. As per the Compliance Affidavit dated
23.09.2021, the Committee constituted has gone to the
area on 13.07.2020 and 15.07.2020, and after
perusing the entire records relating to the said period,
regarding the development works, and taking evidence
of the complainants, as well as the affected persons,
has given a report to the District Magistrate, through
the Chief Development Officer, Tehri Garhwal on
23.07.2020-Annexure No. 3. Thereafter, a letter was
sent to respondent nos. 2 & 3 on 05.08.2021, informing
about the directions given by this Court dated
04.08.2021. The said letter is Annexure No. 4. As per
the Inquiry Report-Annexure No. 5, at Page No. 154 of
the paper-book, 08 persons have been found guilty of
the embezzlement, and notices have been issued to
those persons for initiating disciplinary proceedings
against them for recovery.
5. Since, after inquiry, necessary steps have
been taken for recovery, no directions are required to
be given in the present PIL.
6. The Writ Petition (PIL) is, accordingly,
dismissed.
7. Pending application(s), if any, also stand
disposed of accordingly.
______________
RITU BAHRI, C.J.
__________________
RAKESH THAPLIYAL, J.
Dt: 16th April, 2024
Rahul
