Disposed

Nabab Sandu Shaikh and Others v. the State of Maharashtra and Others

Bombay HC22 Apr 2014PIL/2/2014

Case brief

AI extract

What is this about?

In this PIL regarding alleged misappropriation of funds in a Village Water Supply Scheme, the petitioners sought inquiry directions. The District Collector submitted an affidavit stating inquiry had occurred, misappropriation was proven, and recovery action initiated, satisfying the petition.

What did the court decide?

Writ petition disposed of upon Respondent's assurance of inquiry completion and initiation of recovery action; option to agitate grievance kept open.

Nabab Sandu Shaikh and Others Vs the State of Maharashtra and Others — Corruption | Bombay HC (2014)

¶1

pil214.odt

¶2

{1}

¶3

IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

¶4

PUBLIC INTEREST LITIGATION NO.2 OF 2014

¶5

Nabab s/o Sandu Shaikh & others

¶6

Petitioners

¶7

Versus

¶8

The State of Maharashtra & others

¶9

Respondents

¶10

Mr.Sandeep Deshmukh, advocate holding for Mr.R.B.Singare, advocate for the petitioners. Mr.S.G.Karlekar, A.G.P. for Respondents No.1 to 3, 8 & 9. Mr.D.B.Pawar, advocate for Respondent No.7. Mr.A.R.Devakate, advocate for Respondent No.10. Mr.S.S.Thombre, advocate for Respondents No.11 & 12.

¶11

CORAM : R.M.BORDE &

¶12

PER COURT:

¶13

1 This Public Interest Litigation (PIL) is presented by the petitioners seeking directions to Respondents No.1 to 3 to conduct inquiry in respect of misappropriation of government funds in implementing Village Water Supply Scheme under ‘Bharat Nirman Yojana’ at village Wadji, Tq.Vaijapur, District Aurangabad.

¶14

2 An affidavitinreply has been tendered by the District Collector, Aurangabad, wherein, in paragraph nos.4 to 8, the Collector has stated thus:

¶15

pil214.odt

¶16

{2}

¶17

4 I further say and submit that, the Deponent had issued a notice dtd. 10.4.2014 to the present Petitioner, the President and the Secretary of the water supply and sanitary committee Gram Panchayat Wadji, alongwith the Executive Engineer Water Supply and GramSevak of the village Wadji, thereby directing them to remain present before the Deponent, for inquiry in accordance with the directions issued by this Hon’ble Court. The copy of the notice dtd 10.4.2014 is annexed herewith and is marked as Exhibit R3.

¶18

5 I further say and submit that, the Petitioner, the President/Secretary of the committee, the Executive Engineer Zilla Parishad Aurangabad the Gram Sevak Wadji, were present before the Deponent on 12.4.2014 for hearing. The Petitioner had submitted before the Deponent that the actual construction works in respect of the water supply scheme has not been completed by the committee and without the completion of the works, the President/Secretary of the committee has withdraw the entire amount by preparing forged and fabricated bills and thus has committed misappropriation of the amount and has cheated the Government and the villagers. During the course of inquiry the Executive Engineer Water Supply has submitted that the entire works of the water supply scheme has not been completed by the said committee and though actual cost of the works completed by the committee till date is 18,29,365/. The President/Secretary/Member of the committee has actually withdrawn the

¶19

pil214.odt

¶20

{3}

¶21

amount of Rs.23,60,212/ from the account of the committee. Thus it is transpired that the committee has withdrawn the amount of Rs. 5,30,850/, without completing the actual construction works as per the Estimate/Technical sanction and has not submitted the account books and the measurement book for inspection. The Executive Engineer, Water Supply, ZP Aurangabad during the course of inquiry has submitted by the committee President/Secretary/Member has committed misappropriation of amount of Rs.5,30,850/. The President of the Water Supply Committee Gram Panchayat Wadji namely Hakim Bhai Shaikh and the Secretary Shri Jagdish Raut, during the course of inquiry has admitted the fact the entire works of the construction of Water Supply Scheme has not been completed and the pipeline of 60 mtr has not laid down, the air valve has not been installed, the switch room has not been constructed, water level indicator, lightening conductor has not been installed. The committee President/Secretary has submitted that they have produced the measurement book, bank account book of the committee for inspection before the Executive Engineer Water Supply ZP Aurangabad on 9.4.2014.

¶22

6 I further say and submit that, the Gram Sevak of village Wadji has submitted that the Water Supply Scheme has not been started. The copy of the Rojnama of the inquiry conducted by the Deponent on 12.4.2014 is annexed herewith and is marked as Exhbit R4.

¶23

pil214.odt

¶24

{4}

¶25

7 I further say and submit that, after the conclusion of the inquiry it has been transpired by the Deponent that the committee President/Secretary/Member has not completed the entire works of the Water Supply Scheme at village Wadji and has committed the misappropriation the amount of Rs.5,30,850/. The Deponent has also issued a letter dtd 15.4.2014 to the Chief Executive Officer ZP Aurangabad thereby directing him to initiate steps for the recovery of the amount of Rs. 530850/, alongwith interest from all the committee members and to initiate appropriate action against all the concerned in respect of the misappropriation of the amount. The Deponent has also directed the Chief Executive Officer ZP Aurangabad, to initiate steps for the completion of the remaining works of the Water Supply Scheme at the earliest. The copy of the letter dtd. 15.4.2014 issued by the Deponent to the Chief Executive Officer Aurangabad is annexed herewith and is marked as Exhibit R5.

¶26

8 I further say and submit that, the Chief Executive Officer ZP Aurangabad has issued a letter dtd 17.4.2014 to the President/Secretary of the village Water Supply and Sanitary Committee Wadji directing them to deposit the amount of Rs.5,30,850/ alongwith interest in the account of the committee by 25.4.2014, or else criminal action would be initiated against them. The copy of the letter issued by the Chief Executive Officer Aurangabad dtd 17.4.2014 is annexed herewith and is marked as Exhibit R6.

¶27

{5}

¶28

pil214.odt

¶29

3 In view of the assurance given in paragraph no. 8 of the reply, nothing survives for consideration in the petition. Keeping open option of the concerned Respondents to agitate their grievance in respect of the proposed action by the Collector, in accordance with provisions of law, writ petition stands disposed of.

A.M. BADAR

JUDGE

R.M.BORDE

JUDGE

adb/pil214

Nabab Sandu Shaikh and Others v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Nabab Sandu Shaikh and Others v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Shri. Suryakant Manikrao Deshmukh and Anr. Vs the State of Maharashtra, through Chief Secretary and Ors.

Meera Sadanand Kamath Vs the States of Maharashtra

Shri. Jaising Babasaheb Yewale and Ors. Vs the State of Maharashtra and Ors.

Human Rights Security Council, through Controller, Shaybaz Aziz Shaikh Vs Talegaon Dabhade Nagarparishad and Ors.

Shri. Shantaram Yamaji Pujari Vs the State of Maharashtra, through Secretary, Water Resources Dept and Ors.

Shri. Manohar Balisha Naik and Ors. Vs the Collector, Sangli and Ors.

Shri. Shantaram Yamaji Pujari Vs the State of Maharashtra, through Secretary, Water Resources Dept and Ors.

Shri. Manohar Balisha Naik and Ors. Vs the Collector, Sangli and Ors.

Shrikishan Purushottam Khandagale Vs the State of Maharashtra and Others

Eknath Gangaram Sabale and Others Vs the State of Maharashtra and Others

Ashok Bhimrao Waghunde and Others Vs the State of Maharashtra and Others

Bhaunudas Naba Jadhav and Another Vs the State of Maharashtra and Others

Bhau Gnyanba Vidhate Vs the State of Maharashtra and Others

Babu Hari Waghmare and Others Vs District Collector, Jalna and Another