Disposed

Budh Ram (Deseased) and Ors. v. State of Hp and Ors.

Himachal Pradesh HC17 Dec 2024CWPIL/77/2022

Case brief

AI extract

What is this about?

Public interest petition alleging corruption and embezzlement of public funds in Gram Panchayat Seri and seeking directions for development works. During pendency, charges were investigated by the Sub Divisional Magistrate whose re-submitted report and a registered FIR addressed the grievances; the Court disposed of the petition as having achieved its purpose.

What did the court decide?

Petition disposed of as reliefs stood inquired into with report submitted and FIR registered; parties free to seek other remedies.

Budh Ram (Deseased) and Ors. Vs State of Hp and Ors. — Corruption | Himachal Pradesh HC (2024)

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

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CWPIL No.77 of 2022 Decided on: 17.12.2024

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Budh Ram (Deceased) & Others .......Petitioners

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Versus

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State of Himachal Pradesh & Others ...Respondents

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Coram

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Hon’ble Mr. Justice Tarlok Singh Chauhan, Acting Chief Justice Hon’ble Mr. Justice Satyen Vaidya, Judge

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Whether approved for reporting?¹

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For the petitioners : Mr. Aditya Thakur, Advocate. For the respondents : Mr. Rakesh Dhaulta, Addl. Advocate General and Ms. Priyanka Chauhan, Mr. Arsh Rattan, Dy. Advocate Generals, for respondents No.1 to 4/State.

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None for respondent No.5.

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Mr. Rakesh Kumar & Mr. Munish Kumar, Advocates, for respondent No.6. Mr. P.S. Goverdhan, Sr. Advocate with Mr. Rakesh Thakur, Advocate, for respondent No.7.

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Tarlok Singh Chauhan, Acting Chief Justice (Oral)

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The petitioners have filed the instant petition in the public interest, seeking therein the following substantive reliefs:

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1 Whether the reporters of Local Papers may be allowed to see the judgment?

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“I) the respondent No.1 and 2 may kindly be directed to take appropriate legal action against the respondent No.7 and, or, any other person(s) involved in corruption and embezzlement of the public funds and further may also be pleased to order necessary directions to the competent authority or the police to register an F.I.R. against the respondents No.7 or any other Person(s) or authority involved in the same in the interest of justice and fair play;

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II) the respondents No.1, 2, 3 and 6 are directed to make arrangements, forthwith, for the construciton of C/o Community Centre Near Jagan Nath Temple ShilliMaranji, C/o Johar Village Shilli and C/o Community Toilets in Village Nadoh and all other development works which are not done till date;

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III) the respondents No.5 and 6 are directed to construct shops/work sheds to be allotted to the people belonging to the Schedule castes and Schedule Tribes in view of Annexure P-4;

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IV) the respondents No.1 and 2 are directed to take an appropriate legal action against the then enquiring officers who have prepared false and manipulated enquiry reports, Annexure P-6 (Colly);

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V) the respondents No.1 and 2 are directed to take an appropriate legal action against the then Assistant Engineer (Dev.), Zila Parishad Solan, District Solan (H.P.) who has prepared false and manipulated report, Annexure P-12;

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VI) the petitioners humbly pray that, under the aforesaid facts and circumstances, this Hon’ble Court may kindly be pleased to appoint a Commissioner to bring the real picture in front of this Hon’ble Court.”

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These proceedings were initiated in the year 2022 and during the pendency thereof, the respondents prepared a detailed memo of charges, which in addition to the allegations set-out in the reliefs prayed for in the petition included various other allegations, as is evident from the brief description of the allegations levelled against ex-officio bearers/members of Gram Panchayat Seri annexed with the reply of the Deputy Commissioner, Solan (Annexure R-2).

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The record further reveals that an inquiry in the aforesaid charges was ordered to be conducted by the Sub Divisional Magistrate, Solan, who submitted his report on 01.02.2023. However, the said report was not accepted and a direction was issued to re-investigate the matter. Consequently, the matter was sent to the Sub Divisional Magistrate, Solan, on 03.04.2023 & 05.02.2024.

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It is further not in dispute that the Sub Divisional Magistrate, Solan, has now, vide its office letter dated 06.07.2024, re-submitted his report, the details whereof have been appended in instructions dated 23.07.2024 that have been handed over to this Court. In addition to the above, even the F.I.R. has been registered.

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Since the reliefs, as claimed, by the petitioners have been inquired into, therefore, obviously the petition has achieved its purpose and the same is disposed of accordingly.

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However, it is made clear that in case any of the parties is still aggrieved, he is at liberty to avail appropriate remedy, as available to him under the law.

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Pending miscellaneous application(s), if any, shall also

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stand disposed of.

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( Tarlok Singh Chauhan )

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Acting Chief Justice

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December 17, 2024 ( Satyen Vaidya ) (Yashwant) Judge

Budh Ram (Deseased) and Ors. v. State of Hp and Ors.

Case brief

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Budh Ram (Deseased) and Ors. v. State of Hp and Ors.

Case brief

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