Unknown vs State Of Uttarakhand And Others
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Uttarakhand High Court

Unknown vs State Of Uttarakhand And Others on 19 February, 2024

     IN THE HIGH COURT OF UTTARAKHAND
                AT NAINITAL
            HON'BLE THE CHIEF JUSTICE MS. RITU BAHRI
                              AND
              HON'BLE SRI JUSTICE RAKESH THAPLIYAL

                        19TH FEBRUARY, 2024

            Writ Petition (PIL) No. 122 OF 2022

Bache Singh
                                                           ...Petitioner
                              Versus

State of Uttarakhand and others.
                                                        ...Respondent
Counsel for the Petitioner     :   Mr. I.D. Paliwal, learned counsel.

Counsel for the respondent.    :   Mr.K.N. Joshi, D.A.G. for the State.
                                   Mr. Vinay Bhatt, learned counsel for
                                   respondent no.7.
                                   Ms. Archita Badoni, learned counsel for
                                   the respondent no.8.
                                   Mr. Shivam Rana, learned counsel,
                                   holding brief of Mr. S.K. Mandal,
                                   learned counsel for respondent no.9.



JUDGMENT :

(per Ms. Ritu Bahri, C.J.)

Petitioner in the present case is the resident of

Village Rudauli, Tehsil Syaldey, District Almora, and had

filed this writ petition seeking directions to conduct the

fair inquiry, and punish the erring officials, who had

misused the MGNREGA amount sanctioned for this

village.

2. On notice of this petition, counter affidavit has

been filed by respondent no.6. In paragraph no.16, it is

stated that the road has been constructed in the year

2017, and there was a mistake in the name of Jai Singh S/o Kundan Singh and Late Double Singh, was not

intentional.

3. The Zila Panchayat Raj Adhikari, has passed

an order dated 05.12.2022, regarding misuse of funds

sanction under the State/Central Finance Commission in

this matter, and has imposed a penalty on the

respondent nos.6 and 7. Thereafter vide order dated

05.12.2022, passed by the District Panchayat Raj

Adhikari, the respondent no.6, has been imposed with

punishment, whereby his annual increment has been

temporarily stopped for one year. Copy of the order

dated 05.12.2022, is annexed as Annexure CA-1

collectively.

4. In the separate affidavit filed by the

respondent nos.2, 3, 4 and 5/Block Development Officer,

Syaldey, District Almora. Copy of the order dated

26.12.2022, is annexed as Annexure CA-12, at page 197

of the paper-book, has been placed on record. This letter

has been issued to Sri Khushal Singh Bisht, Village

Employment Servant and Sri Surendra Singh, Junior

Engineer, of MGNREGA, and as per this letter, their

salary of November, 2022, has been stopped, and

further direction has been issued to issue major

inquiries. There is another order dated 22.12.2022,

which is Annexure CA-6 of the counter affidavit filed by

the respondent no.8, passed against one Lovepreet

Singh, Village Development Officer, whose one

increment has been stopped for one year. There is

another order dated 05.12.2022, which is Annexure

No.7, whereby another employee Dilsher Ahmed, Village

Panchayat Development Officer, has been punished,

whose one increment has been stopped for one year.

5. The petition is being disposed of giving liberty

to the petitioner that he can approach the competent

authority, in case any cause of action survives in future.

6. Pending application(s), if any, also stand

disposed of accordingly.

______________ RITU BAHRI, C.J.

___________________ RAKESH THAPLIYAL, J.

Dt: 19th February, 2024 NR/