The petitioner filed a PIL alleging embezzlement in the construction of lavatories under Swachh Bharat Mission. The court directed the District Magistrate to decide the pending representation within four months and disposed of the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 21
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1016 of 2019
Petitioner :- Arvind Respondent :- State Of U P And 7 Others Counsel for Petitioner :- Bhuveneshwar Prasad,Ram Sharan Giri Counsel for Respondent :- C.S.C.
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Rohit Ranjan Agarwal,J.
Present Public Interest Litigation has been filed for the following prayers:
"A. Issue a writ order or direction in the nature of mandamus directing the respondent No.2 to comply own orders dated 26.10.2018, 15.12.2018 and 3.1.2019 passed by Chief Development Officer, Kasganj respondent No.5 and to take appropriate action against the respondent Nos.6 to 8 and further recovered the entire amount which is embezzled by the respondent Nos.6 to 8 in raising construction of lavatory.
B. Issue a writ or direction in the nature of mandamus, and further direct the respondents especially respondent No.2 to decide the representation dated 28.01.2019 and take appropriate action against the respondent nos. 6 to 8 under criminal law."
Petitioner, who is resident of Village Bamanpura, District Kasganj has filed this petition highlighting the embezzlement made by respondent Nos. 6 to 8 in the construction of lavatories under the Swachh Bharat Mission Yojna.
According to petitioner in the survey, a list of 528 lavatories were shown to be constructed, but 130 lavatories were shown to have been constructed and names of those persons have been shown in the list and money has been withdrawn @ 12,000/- per lavatory. According to the petitioner, he has made several representations highlighting the embezzlement made in the construction of the lavatories.
Notices were issued on 20.09.2018 and 24.09.2018 against the respondent Nos. 6 to 8. It is further stated that on 26.10.2018 explanation was called by the respondent No.3 from the respondent Nos. 6 to 8, and further recovery letters were issued on 15.12.2018. It is further averred that the respondent no.3 on 03.01.2019 granted three days further time for constructing lavatories, after which the money will be recovered from respondent Nos. 6 to 8. It is further contended that despite several orders and notice issued by respondent No.3, nothing has been done to recover the amount from respondent nos. 6 to 8.
In regard to his complaint, petitioner has also submitted a representation on 28.01.2019 to the respondent No.2/District Magistrate, Kasganj, which is pending consideration.
After hearing learned counsel for petitioner and learned Standing Counsel for
respondent Nos. 1 to 5, we direct the respondent No.2/District Magistrate, Kasgnaj to decide the representation of petitioner dated 28.01.2019 in accordance with law expeditiously, preferably within a period of four months from the date of production of certified copy of this order.
The petition stands disposed of .
Order Date :- 10.5.2019 A.N. Mishra
1 issue framed by the court
Whether the District Magistrate should decide the pending representation expeditiously.
Arvind
State Of U P
Pradeep Kumar Singh Baghel
Rohit Ranjan Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
