Dismissed¶5

Kiran Singh v. the State of Jharkhand

Jharkhand HC12 Sept 2024WPC/5348/2018

Case brief

AI extract

What is this about?

W.P. (C) No.5348 of 2018; High Court of Jharkhand at Ranchi; Kiran Singh v. State of Jharkhand; MGNREGA/MANREGA fund misappropriation; Lokpal (MGNREGA) Garhwa enquiry dated 9.3.2017; respondent no. 7 Krishna Das @ Sanjay, Mukhiya of Gram Panchayat Ranadih; writ petition for enforcement of Lokpal order; High Court is not an executing Court; writ petition dismissed; Rajesh Kumar, J.; decided 12th September, 2024.

What did the court decide?

The High Court is not an executing Court and therefore finds no reason to entertain the writ petition, which prima facie sought enforcement of the order passed by the Lokpal (MGNREGA), Garhwa. ¶4

Kiran Singh Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

¶1

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No.5348 of 2018

¶2

¶3

Kiran Singh, aged about 28 years W/o Lav Kumar Singh, resident of Village Bhandaria, P.O. Shivpur, P.S. Kandih, Dist.-Garhwa

¶4

…. …. Petitioner

¶5

Versus

¶6

The State of Jharkhand

¶7

The Secretary, Panchayati Raj Department having its office at Project Building, P.O. & P.S. Dhurwa, Dist.-Ranchi

¶8

The Deputy Commissioner, Garhwa, P.O. & P.S.-Garhwa, Dist. Garhwa

¶9

The Block Development Officer, Kandi, P.O. & P.S. Kandi, Dist.-Garhwa

¶10

The Superintendent of Police, Garhwa, P.O. & P.S. Garhwa, Dist.-Garhwa

¶11

The Officer Incharge, Kandi Police Station, P.O. & P.S. Kandi, Dist.-Garhwa

¶12

Krishna Das @ Sanjay, son of Kuldip Ram, resident of village Ghurwa, P.O. Shivpur, P.S.Kandi, Dist.-Garhwa, at present Mukhiya of Gram Panchayat Ranadih, P.O. & P.S.-Kandi, Dist.-Garhwa

¶13

The Deputy Development Commissioner, Garhwa, P.O. & P.S. Garhwa, Dist.-Garhwa …. …. Respondents

¶14

¶15

CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR

¶16

¶17

For the Petitioner : Mr. Mahesh Tewari, Adv. For the State : Ms. Sweta Shukla, AC to AAG-II For the Resp. No.7 : Mr. Ankit Kumar, Adv. : Mr. Ram Kinkar, Adv. ----

¶18

07/Dated: 12^th September, 2024

¶19

Heard the parties.

¶20

The present writ petition has been filed for the following reliefs:“(i) For issuance of an appropriate writ(s)/ order(s)/ direction (s) particularly in the nature of mandamus commanding upon the respondents particularly respondent no.02 to send to this Hon'ble Court all the records appertaining to the representation given by the petitioner on 24.3.2018 wherein vivid description has been given about the financial irregularities, misutilization of government fund, misappropriation in the MANREGA project and corruption for which as far back as on 15.7.2016 she had already made a complaint to the Public Grievance Cell, Secretariat of Hon'ble Chief Minister, Ranchi and for which the Lokpal made an enquiry

¶21

on 9.3.2017 and found allegations levelled against the respondent no. 7 to be correct and genuine but yet no action has been taken.

¶22

(ii) Further for a direction upon the respondent no. 02 to immediately and forthwith look into the allegation levelled by the petitioner as against the respondent no. 07 and if the allegation against the respondent no. 7 are found to be correct to immediately and forthwith take action in accordance with law i.e remove his from the post of Mukhiya and also take disciplinary action as against the respondent no. 7as the same has been obtained by playing fraud and immediately and forthwith to lodge first Information Report against him for misappropriation of government fund.”

¶23