In a PIL, the Patna High Court accepted an undertaking from the State to file a representation and directed the Principal Secretary to examine and decide it within two months without merits.
Directed respondent no. 3 to personally examine and decide the petitioner's representation within two months.
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.17927 of 2018
======================================================
... ... Petitioners.
Versus
... ... Respondents.
====================================================== Appearance : For the Petitioner/s : Ms.Alka Verma, Advocate For the Respondent/s : Mr.Anjani Kumar -AAG4
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)
Date : 01-12-2020
Petitioner has prayed for the following relief(s):-
“That the petitioners have filed a present Public Interest Litigation for a direction to the respondent for appointing the director of the Social Audit Society and for making the Social Audit Society fully functional so that the social audit of MGNREGA (Mahatma Gandhi National Rural Employment Guarantee Scheme) as well as social Audit of other welfare Schemes may be
Patna High Court CWJC No.17927 of 2018 dt.01-12-2020 2/4
conducted periodically as per the direction of the State Government and to fructify the objective of the Social Audit Society in doing continuous public vigilance in order to ensure accountability in the implementation of the projects, laws and policies of MGNREGA and other welfare schemes and for any other relief/reliefs, direction/directions as the Hon’ble Court may deem fit and proper in the facts and circumstances of the case.”
After the matter was heard for some time, learned counsel for the petitioner submits that petitioner shall be content if a direction is issued to the respondent no. 3 to consider and decide the representation, which shall be filed by the petitioner within a period of four weeks.
Learned counsel for the respondents states that if such representation is filed with the time aforesaid, respondent no. 3 namely, the Principal Secretary, Department of Social Welfare, Bihar shall personally examine and decide the same in accordance with law expeditiously and positively within a period of two months from the date of receipt of such representation along with a copy of this order.
No other submission is made on behalf of the parties.
In view of the undertaking given by the learned
Patna High Court CWJC No.17927 of 2018 dt.01-12-2020 3/4
counsel for the State, petition is disposed of directing respondent no. 3 namely, the Principal Secretary, Department of Social Welfare, Bihar to personally examine and decide the representation in accordance with law expeditiously and positively within a period of two months from the date of receipt of such representation along with a copy of this order.
The proceedings, during the time of current Pandemic- Covid-19 shall be conducted through digital mode, unless the parties otherwise mutually agree to meet in person i.e. physical mode.
Equally, liberty is reserved to the petitioner to take recourse to such alternative remedies as are otherwise available in accordance with law.
We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch.
Needless to add, while considering such representation, principles of natural justice shall be followed and due opportunity of hearing afforded to the parties.
Liberty reserved to the petitioner to approach the Court, if the need so rises subsequently on the same and
Patna High Court CWJC No.17927 of 2018 dt.01-12-2020 4/4
subsequent cause of action.
We have not expressed any opinion on merits.
Interlocutory Application(s), if any, also stands
disposed of.
(Sanjay Karol, CJ)
( S. Kumar, J)
K.C.Jha/-
AFR/NAFR CAV DATE Uploading Date 10.12.2020 Transmission Date
1 issue framed by the court
Whether to direct the respondent to consider and decide a representation regarding the functionalisation of the Social Audit Society
Ujjawal Kumar
Ghalib Kaleem
State Of Bihar
Principal Secretary Department of Social Welfare
Sanjay Karol
S. Kumar Oral
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
