Kumar Sidharth Vs The State of Bihar

... ... Respondents ====================================================== Appearance : For the Petitioner : Mr.Abhitabh Kumar, Advocate For the Respondents : Mr. Vikas Kumar, Standing Counsel (11) ======================================================

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CORAM: HONOURABLE THE CHIEF JUSTICE

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and

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HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

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Date : 16-01-2026

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This writ petition, in the nature of Public Interest Litigation, has been filed by Kumar Sidharth with following prayers:-

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“1. That the instant writ application is being filed for directions, the concerned respondents authorities in Public Interest there should be investigate with immediate effect, there are huge irregularities in the 15^th and 6^th Finance Bills done by the Panchayat President Smt. Saroj Devi of Bhasurari Panchayat, a culvert has been constructed near the Khahar Pine, of Chintamanpur village, under Narkatiyaganj Block, District West Champaran. Whereas technical' administrative approval for said has not been received, which will become clear during the investigation, more than Rs. 65 lakhs has already paid in the account of his brother-in-law Rajesh Pal and brother Munna Pal, regarding scam of government funds. In the account of his own relatives, the action of the respondents is not permissible in the eye of law and thus vitiated and for other necessary relief/reliefs.”

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Counter affidavit has been filed by the Respondent

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Nos. 4 to 7 and 10 wherein, in Paragraph Nos. 7 to 16, it is

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stated as follows:-

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“7. That it is most humbly submitted that the writ petitioner has been elected to the post of the ward member of ward no 08 of Bhasurari Panchayat of Narkatiaganj Block, District West Champaran, as well as after due process, the writ petitioner was selected for the post of Up-Mukhiya in the year 2021, thereafter, the no-confidence motion has been passed against the writ petitioner dated 15/07/2024, accordingly, the writ petitioner was removed from the post of Up-Mukhiya, after due process the Savitri Devi, i.e., the elected member of the ward no 02, has selected for the post of UpMukhiya.

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8. That it is further submitted that the writ petitioner filed a petition before the SubDivisional Public Grievance Redressal Officer, Narkatiaganj, bearing case no 501110118092406000, regarding the financial irregularities. Thereafter, the SDPGRO, Narkatiaganj, has issued a notice to the respondent no. 10, i.e., the Block Development Officer, Narkatiaganj vide 50111-1919 dated 18/09/2024. Accordingly, the respondent no. 10 inquired about the matter through Panchayat Sachiw and submitted the report vide 888 dated 18/10/2024. After perusal of the report, the SDPGRO, Narkatiaganj, has found that Munna Pal, Rajesh Pal, and others, i.e., the relatives of the writ petitioner, had got work done under various schemes in the Gram Panchayat, due to which the payments of the labourers were made in their accounts. Hence, the SDPGRO, Narkatiaganj, has disposed the case and passed the order

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dated 25/10/2024 in detail.

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9. That in the meantime, the writ petitioner has submitted an application before several authorities; accordingly, after the instruction of the competent authority, the respondent no. 05, i.e., the District Panchayat Raj Officer, West Champaran, has constituted a three men inquiry committee vide Memo no. 1856 dated 09/10/2024. Further, the committee has inquired into the matter thoroughly in the presence of the writ petitioner and found that the private respondent, as well as Panchayat Sachiw, disregarded the departmental order and making the payments of the labours in the accounts of the Munna Pal, Rajesh Pal and others the relatives of the writ petitioner, Respondent no. 11 accordingly, the committee has submitted its report with a recommendation to take further action in accordance with the provisions of the Bihar Panchayat Raj Act 2006, vide letter no. 1077 dated 30/12/2024.

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10. That being aggrieved and dissatisfied with the order dated 15/10/2024 passed by the SDPGRO, Narkatiaganj, the writ petitioner has filed an appeal dated 12/11/2024, before the respondent no. 6, i.e., the Additional Collector, Public Grievance Redressal West Champaran cum first Appellate Authority bearing Appeal no. 501110118092406000/1A. Thereafter, the respondent no 06 has issued notice to the Deputy Development Officer, West Champaran vide letter no. 976 dated 17/12/2024, Accordingly, after due process, the DDC, West Champaran, has submitted his report vide letter no. 18 dated

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10/01/2025. After perusal of the report, the respondent no. 06 has found that already a three men inquiry committee has investigated the matter in the presence of the writ petitioner and submitted his report with recommended further action, and the accompanying documents clearly demonstrate that the culprits have been identified in accordance with the rule and regulations, and the authorities have recommended action against the culprits to the competent authority. Hence, the respondent no 6 has disposed of the first appeal and passed the order in detail vide issue no 40111-24545 dated 24/01/2025.

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11. That it is further submitted that on the basis of the inquiry report, the respondent no. 05 has issued a show-cause notice to Dinesh Kumar Pandey, i.e., Panchayat Sachiw, and the Mukhiya Saroj Devi, i.e., the private respondent vide Memo. no. 693 dated 06/03/2025 and Memo no. 411 dated 02/07/2025. The private respondent has submitted his show-cause reply dated 02/06/2025. Dinesh Kumar Pandey, i.e., Panchayat Sachiw, has submitted his showcause reply dated 03/07/2025, stating therein that due to unavailability. the labourers's bank accounts their payment has been done in METH's account and labourers have never complained regarding the same as well as Dinesh Kumar Pandey i.e., Panchayat Sachiw has retired on 31/08/2024.

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12. That being aggrieved and dissatisfied with order issued no 40111-24545 dated 24/01/2025, passed by the Additional Collector, Public Grievance Redressal West Champaran cum first Appellate Authority,

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the writ petitioner has filed 2nd appeal dated 03/03/2025, before the respondent no. 4, i.e., the District Magistrate West Champaran cum Second Appellate Authority, bearing Appeal no. 501110118092406000/2A. Thereafter, the respondent no 04 has sought a report from respondent no 5. i.e., the District Panchayat Raj Officer, West Champaran, vide letter no. 1328 dated 15/04/2025. Accordingly, after due process, the respondent no 05 has submitted his report vide letter no. 1149 dated 17/05/2025. Hence, the respondent no 4 has passed the order dated 26/05/2025 in detail with direction to the respondent no 5 to take actions against the culprits according to rule and regulations within 1 month.

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13. That, in compliance with the aforesaid order, after the instruction of the competent authority, the respondent no. 10, i.e., the Block Development Officer, Narkatiaganj directed to the Dinesh Kumar Pandey exPanchayat Sachiw for recovery of the labour payment from the relative of private respondent and to make payment to the actual labour within 7 days and copy served to the at present Pachayat Sachiw for compliance vide Memo no. 411 dated 09/07/2025, accordingly the on 09/09/2025, one Munna Pal has refund the labour payment of rupees 67,229/- (sixty seven thousand two hundred twenty nine rupees).

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14. That it is pertinent to mention here that the writ petitioner has falsely mentioned regarding the "culvert constructed near the Khahar Pine of Chintawanpur village under Narkatiyaganj Block, West Champaran that no work has been done by

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the authority regarding the mention of the writ petitioner.

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15. That it is pertinent to mention here that the writ petitioner has also received the rupees 22,060/- (twenty-two thousand sixty rupees), payment of labour and other expenses regarding Yojna no 02/2022-23 (Gram Panchayat ke Gram Tarharwa ke Ward no. 08 me Mandir Prangan me Kuaa ka Jirnodhar Karya).

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16. That, it is pertinent to mention in this matter that it is not related to Public interest litigation. The writ petitioner filed this matter before this Hon'ble Court regarding a political conflict with the private respondent.”

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Learned counsel appearing for the Respondent Nos. 4 to 7 and 10 submits that in view of the specific averments made in the counter affidavit, nothing more remains to be adjudicated in this Public Interest Litigation.

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After hearing the learned counsel for the respective parties and after going though the counter affidavit filed on behalf of Respondent Nos. 4 to 7 and 10, the proceeding stands closed granting liberty to the petitioner that in case he wants to agitate any issue(s) relating to financial irregularity in the scheme, he may bring it to the notice of an appropriate Investigating Agency.

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