Quashed

Shatrohan Lal v. State of U.P. Thru. Addl. Chief Secy. Rural Development Lko. and 3 Others

Allahabad HC9 Jan 2024/118/2024

Case brief

AI extract

What is this about?

This court quashed orders by the Lokpal implying the petitioner in MGNREGA irregularities and a consequential recovery order. Citing a prior judgment awarding a hearing to another accused in related proceedings, the court directed that the petitioner be given a further opportunity of hearing before responsibility is fixed, disposing of the petition accordingly.

What did the court decide?

The orders dated 16.6.2023 by the Lokpal and 14.7.2023 by the Chief Development Officer/MGNREGA were quashed with a direction to allow the petitioner a hearing in case of a fresh inquiry.

Shatrohan Lal Vs State of U.P. Thru. Addl. Chief… — Writ and Judicial Review | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:1980

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Court No. - 20

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Case :- WRIT - A No. - 118 of 2024

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Petitioner :- Shatrohan Lal Respondent :- State Of U.P. Thru. Addl. Chief Secy. Rural Development Lko. And 3 Others Counsel for Petitioner :- Shubham Singh,Surya Kant Singh Counsel for Respondent :- C.S.C.

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Hon'ble Salil Kumar Rai,J.

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The present petition has been filed challenging the order dated 16.6.2023 passed by the Lokpal, Mahatma Gandhi National Rural Employment Guarantee Act (hereinafter referred to as, 'MGNREGA'), District-Bahraich holding the petitioner partly liable for the irregularities committed in the implementation of certain programmes under the MGNREGA Scheme. The petition has also been filed against the consequential recovery order dated 14.7.2023 issued by the Chief Development OfÏcer/Additional District Program Coordinator (MGNREGA), District-Bahraich.

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A perusal of the impugned orders show that apart from the petitioner one Firoz Ahmad Khan was also held partly liable for the irregularities and the alleged misuse/misappropriation of Government fund in implementation of the schemes.

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Writ-A No. 7866 of 2023 filed by Firoz Ahmad Khan has been allowed by this Court vide its order dated 21.12.2023 on the ground that the orders had been passed without giving Firoz Ahmad Khan any opportunity of hearing.

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In the present petition, the petitioner claims that he was not given reasonable opportunity of hearing.

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The order dated 16.6.2023 passed by the Lokpal shows that the petitioner was given opportunity of hearing and had once also appeared before the Lokpal.

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In view of the aforesaid, case of the petitioner is not similar to the case of Firoz Ahmad Khan.

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However, the consequence of the order dated 21.12.2023 passed by this Court in Writ-A No. 7866 of 2023 is that the complaints on the alleged irregularities committed in implementation of the schemes will be re-inquired by the concerned authorities in order to fix the responsibility of different persons involved in the implementation of the schemes.

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In the circumstances, it would be appropriate that the petitioner is also given further opportunity of hearing

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during the said inquiry before fixing his responsibility.

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In view of the aforesaid, the orders dated 16.6.2023 passed by the Lokpal, MGNREGA, District-Bahraich and 14.7.2023 issued by the Chief Development OfÏcer/Additional District Program Coordinator (MGNREGA), District-Bahraich are hereby quashed.

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The petition is disposed of with a direction that in case any inquiry is again done to fix the responsibility of different persons in the implementation of the scheme, the petitioner is given an opportunity of hearing in accordance with law.

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It is clarified that the petition is disposed of without asking the Standing Counsel to obtain instructions in the matter or calling for a counter afÏdavit in view of the consequence of the order dated 21.12.2023 passed by this Court in Writ-A No. 7866 of 2023.

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With the aforesaid direction, the petition is disposed of.

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Order Date :- 9.1.2024 Anurag/-

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Digitally signed by :- ANURAG KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench

Shatrohan Lal v. State of U.P. Thru. Addl. Chief Secy. Rural Development Lko. and 3 Others

Case brief

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Shatrohan Lal v. State of U.P. Thru. Addl. Chief Secy. Rural Development Lko. and 3 Others

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