Chief Justice's Court
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2970 of 2018 Petitioner :- Gopal Kushwaha Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Imtiyaj Ali Counsel for Respondent :- C.S.C.,Tariq Maqbool Khan
Hon'ble Dilip B. Bhosale,Chief Justice Hon'ble Suneet Kumar,J.
Heard Mr. Imtiyaj Ali, learned counsel for the petitioner and Mr. Ramanand Pandey, learned Additional Chief Standing Counsel for the respondents-State.
The prayers made in the writ petition, read thus:
"(i) Issue a writ, order or direction, in the nature of mandamus commanding and directing to the respondent no.2 to conduct a fresh fair and proper enquiry of the Manrega works in Village Naval Chhapra, Vikash Khand, Khadda, District Kushinagar, whereby the respondents no.4, 5 and 6 have committed illegality and forgory and made a false bills, browsers and withdraw access money without any works and punished to aforesaid persons.
(ii) Issue a writ, order or direction, in the nature of mandamus commanding and directing the respondent no.2 to decide the representation dated 19.09.2017 made by the petitioner within certain stipulated period of time as fixed by this Hon'ble Court."
Learned Additional Chief Standing Counsel points out that pursuant to the provisions made under the Mahatma Gandhi National Rural Employment Guarantee Act, 2005 and the directions issued by the Union Government in terms of Section 27 thereof, Ombudsmen have been appointed at the district level by the State Government to inquire into, scrutinize and pass appropriate orders in respect of objections as taken by the petitioner in the instant writ petition.
Accordingly, and without entering into the merits or otherwise of the allegations levelled by the petitioner, we dispose of this writ petition granting liberty to the petitioner to approach the concerned Ombudsman for redressal of his grievance as also for the initiation of such inquiries as may be warranted in the facts and circumstances of the case. We hope and trust that in case the petitioner approaches the concerned Ombudsman, he shall duly inquire into the complaint raised by the petitioner and take such further action as may be found warranting in the facts and circumstances of the case.
Order Date :- 26.2.2018 AHA (Dilip B Bhosale, CJ) (Suneet Kumar, J)