Court No. - 21
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1667 of 2021 Petitioner :- Yogendra Rajbhar Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Ashutosh Gupta,Gyan Prakash Verma Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla
Hon'ble Dinesh Pathak,J.
Heard Sri Gyan Prakash Verma, learned counsel for the petitioner, Sri Rameshwar Prasad Shukla, learned counsel for the Gaon Sabha/respondent no.6, learned Standing Counsel represents respondent nos.1 to 5 and perused the record.
Instant writ petition has been filed by the petitioner with the following prayer:-
"(i) issue a writ, order or direction in the nature of mandamus directing the Respondent No.2 to comply the enquiry report dated 25.03.2021 and further to take legal steps against the respondent no.6 regarding to embezzlement of the village fund.
(ii) issue a writ, order or direction in the nature of Mandamus directing the Respondent No.2 i.e. District Magistrate, Azamgarh to consider and decide the representation of the petitioner dated 13.08.2021 within stipulated period as may be fixed by this Hon'ble Court (Annexure No.8 to this writ petition)."
It is submitted by counsel for the petitioner that petitioner has moved a detailed representation before District Magistrate, Azamgarh, regarding financial embezzlement made by Pradhan of the village and other officials. On the instructions of District Magistrate, enquiry committee has submitted a report dated 24.12.2020. Aforesaid report was forwarded by the Additional Chief Officer, District Panchayat/Enquiry Officer, vide its letter dated 25.03.2021. It is further submitted that since the date of submission of report dated 24.12.2020, matter is still pending protracted without taking any fruitful steps to decide it earlier.
Learned Standing Counsel has fairly contended that they have no objection if this Court issues a direction to the authority concerned to take appropriate steps in pursuance of the report dated 24.12.2020 submitted by the enquiry committee.
In this conspectus as above, no useful purpose would be served to keep this matter pending, therefore, this court deems it appropriate to finally dispose of the present writ petition filed in the nature of public interest litigation (PIL), without making any observation on the merits of the case as mentioned in the present writ petition, with a direction that petitioner is at liberty to move a fresh representation, within period of three weeks from today, qua his grievances as mentioned in the present writ petition alongwith copy of this order before District Magistrate, Azamgarh (respondent No.2), who shall either decide the same himself or direct the authority concern to take appropriate decision, in the light of report dated 24.12.2020 submitted by enquiry committee, in accordance with the law, expeditiously, preferably, within the period of three months from the date of receipt of copy of this order.
The petitioner shall file computer generated copy of this order downloaded from the official website of High Court, Allahabad supported by an affidavit, which shall be verified by the concerned authority from the website of the High Court, Allahabad.
With the aforesaid observation, present writ petition is disposed of.
Order Date :- 7.10.2021 VKG