Disposed

Lavkush Chaubey v. State of U.P. and 6 Others

Allahabad HC17 Nov 2022WPIL/1923/2022

Case brief

AI extract

What is this about?

The court disposed of a PIL regarding misutilization of funds for Panchayat construction. It directed that the already initiated enquiry be concluded within eight weeks and exempted the Principal Secretary from further court appearance.

What did the court decide?

Direction to bring the financial irregularity enquiry to a logical conclusion within eight weeks; personal appearance of the Principal Secretary discharged.

Lavkush Chaubey Vs State of U.P. and 6 Others — Writ and Judicial Review | Allahabad HC (2022)

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Court No. - 29

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Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1923 of 2022

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Petitioner :- Lavkush Chaubey Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- P.K. Upadhyay,Vikram Yadav Counsel for Respondent :- CSC

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Hon'ble Manoj Misra,J. Hon'ble Vikas Budhwar,J.

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Heard Sri P.K. Upadhyay, learned counsel for the petitioner and learned Standing Counsel for the respondent Nos. 1 to 6.

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This Public Interest Litigation has been filed for a direction upon second respondent (District Magistrate), Bhadohi to hold an enquiry against the seventh respondent (Gram Pradhan, Village Panchayat, Lasmada, Tehsil Aurai, District Bhadohi) on the complaint dated 3.08.2022 made in respect of misutilization of funds to raise construction of a new building when there already existed an old building in good condition.

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After noticing the submissions made on behalf of learned counsel for the petitioner, on 14.10.2022 following order was passed:

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"1. The grievance raised by the petitioner by means of the present petition filed in public interest is that on the complaint on affidavit made on July 26, 2022 in terms of U.P. Panchayat Raj (Removal of Pradhans, UpPradhans and Members) Enquiry Rules, 1997, complaining that funds of the Gram Sabha are sought to be misappropriated by showing construction of a Panchayat Bhawan which is already in good condition, no action has been taken so far.

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2. When confronted, learned Standing Counsel sought time to have instructions, despite the fact that the copy of the petition was served in advance to the Chief Standing Counsel on September 26, 2022. It is not a case in isolation. In majority of the cases, this is the general conduct of the State where even on petty issues, despite service of advance copy, instructions are not received.

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3. Under the circumstances, we have no choice but to summon respondent no. 1, Principal Secretary, Panchayat Raj, U.P., Lucknow to appear before the Court on the next date of hearing.

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4. Adjourned to November 2, 2022.

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5. To be taken up as fresh.

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6. Learned counsel for the State undertakes to communicate this order to

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concerned respondent. Apart from that, Registrar (Compliance) to take necessary steps to ensure compliance."

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Pursuant to the order dated 14.10.2022, an Affidavit of Compliance dated 2.11.2022 was filed annexing therewith an order dated 31.10.2022 passed by District Magistrate, Bhadohi by which a three member committee was constituted to hold an enquiry into the affairs of the panchayat concerned including the Gram Pradhan and another order of the same date was passed for holding enquiry against the Junior Engineer, Rural Engineering Department, Bhadohi as well as Panchayat Secretary/Gram Vikas Adhikari.

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As on the date when the Compliance Affidavit was filed, the concerned Principal Secretary of the Panchayati Raj was not present, as directed, on 2.11.2022, following order was passed:

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"1. In terms of the order passed by this Court on October 14, 2022, the Additional Principal Secretary, Panchayat Raj is not present in Court. An affidavit sworn by him has been filed in Court, stating therein that on account of State Level programme already scheduled from November 2 to November 4, 2022 at Lucknow which he is to coordinate, he may not be able to attend the Court and seeks his exemption for appearance today.

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2. Let the Officer appear in Court on November 17, 2022,

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3. To be taken up as fresh."

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Pursuant to the above order, Sri Manoj Kumar Singh, Principal Secretary Panchayati Raj is present before us and has filed an Affidavit of Compliance.

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In the Affidavit, he has tendered unconditional apology for his non appearance on the previous date. In paragraph 4 of the Affidavit, the suspension order passed against the Gram Panchayat Sachiv has been brought on record.

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As we notice that already action has been taken and an enquiry has been set-up which will be brought to its logical end, we do not find any good reason to keep the matter pending.

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This Public Interest Litigation is, therefore, disposed of by observing that the enquiry initiated in respect of the financial irregularities shall be brought to its logical conclusion within a period of eight weeks.

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Personal appearance of Sri Manoj Kumar Singh, Principal Secretary Panchayati Raj is no longer required.

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Order Date :- 17.11.2022 A. Mandhani

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Digitally signed by ABHISHEK MANDHANI Date: 2022.11.19 10:58:01 IST Reason: Location: High Court of Judicature at Allahabad

Lavkush Chaubey v. State of U.P. and 6 Others

Case brief

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Lavkush Chaubey v. State of U.P. and 6 Others

Case brief

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