The Patna High Court dismissed a writ petition filed by an elected ward member alleging financial defalcation by the Nagar Parishad. The court held the petition premature as an enquiry was already pending before the District Magistrate.
The writ application was dismissed as not maintainable due to pendency of a pending administrative enquiry.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.332 of 2013
====================================================== Md. Muslim Son Of Pir Mohammad Resident Of Mohalla - Anwarpur Chauk, P.S. - Hajipur , District - Vaishali .... .... Petitioner/s Versus 1. The State Of Bihar 2. The District Magistrate, Vaishali 3. The Sub-Divisional Magistrate, Vaishali 4. The Chairman, Hajipur Nagar Parishad, Hajipur, District - Vaishali 5. The Executive Officer, Nagar Parishad, Hajipur, District - Vaishali 6. The Superintendent Of Police, Hajipur, District Vaishali 7. The Officer Incharge Of Hajipur Police Station - Hajipur, District Vaishali .... .... Respondent/s
====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER
3 04-04-2014 Heard learned counsel for the and counsel for the Respondent Nagar Parishd.
A counter affidavit on behalf of respondent nos. 4 and 5 has been filed.
On perusal of the writ petition particularly the prayer made therein it is evident that an issue of public importance is being raised by the petitioner by filing the present writ petition. The petitioner clams himself to be the elected ward member of Hajipur Nagar Parishad from Ward No.20. It is alleged that a huge amount/quantity of government money has been defalcated by the management of the Nagar Parishad. It has therefore been prayed that appropriate direction be issued to make an inquiry into those
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allegations by appropriate Investigating Agency.
In the counter affidavit the respondents have denied the allegations relying on the averments made therein. However in paragraph 16 thereof it has been stated as under:-
“16. That with regard to the statements made in paragraph no.14 of the writ application under reply it is submitted that the statements made in this paragraph are not correct and in fact on the application of the petitioner the District Magistrate has already constituted an Enquiry Committee comprising of DDC,DPRO and SDO who are enquiring on the complain of the petitioner and their finding is awaited.
It thus appears that on an application filed by the petitioner before the respondent District Magistrate an enquiry has already been instituted comprising officials of the district administration. While the said matter is pending enquiry, the present writ application has been filed. It has thus been stated that the present writ petition is premature.
Having heard the parties, this court is satisfied that the application in the shape and manner filed before this Court is not maintainable. Secondly, from the materials on record it further appears that on an application filed by the petitioner the district
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administration has already constituted an enquiry to look into the complaints of the petitioner.
In my view, no further order in the present writ application is required to be passed. The application is dismissed.
(Kishore Kumar Mandal, J)
HR/-
1 issue framed by the court
Whether the present writ petition is maintainable when an enquiry regarding the alleged defalcation has already been instituted by the district administration.
Md. Muslim Son Of Pir Mohammad
The State Of Bihar
The District Magistrate, Vaishali
The Sub-Divisional Magistrate, Vaishali
The Chairman, Hajipur Nagar Parishad, Hajipur, District - Vaishali
The Executive Officer, Nagar Parishad, Hajipur, District - Vaishali
KISHORE KUMAR MANDAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
