HC dismisses plea in public funds case

Source: The Hitavada      Date: 11 Sep 2018 11:12:38



Legal Correspondent

In the matter related to misuse of public funds in Gram Panchayat Satohari, Janpad Panchayat Rampur Naikin, District Sidhi, the Single Bench of the MPHC comprising Justice Nandita Dubey has dismissed the petition filed by Jwala Prasad Mishra seeking the following relief that the court to direct the respondents to take prompt action of removal of Sarpanch, recovery of misappropriated money from Sarpanch and Secretary and to direct the respondents to lodge FIR against the respondents and other erring officers and to direct the respondents not to allow the Respondent No. 8 and 9 to work as Sarpanch and Secretary and to place them under suspension so that no further amount of Panchayat and their financial powers be withdrawn.

It is the case of the petitioners that they are the local residents of the concerned Panchayat and had filed a complaint against respondents alleging some miss-appropriation of funds. On the basis of their complaint, an enquiry was conducted and the impugned order dated on April 18, 2016 was passed.

The grievance of the petitioners was that even after passing of this order in 2016, no action has been taken against the respondents, and hence, prayer for registering FIR and for recovery of the amount allegedly misappropriated by them.
Returns have been filed by the respondents wherein it was stated that the order dated on April 18, 2016 has been set aside vide Order dated June 28, 2016 and the matter has been remanded back to the concerned authority to enquire and fix the liability as to whether the work of construction of Medh and tube-well was done during the tenure of earlier Sarpanch and Secretary or during the tenure of present Sarpanch and Secretary. In short, the SDO was directed to first fix the liability on the person during whose tenure the said mis-appropriation of funds and work, as alleged, had been done. In view of the order passed by the Upper Collector, nothing further remains in this petition to be decided.

The petition is dismissed as having been rendered infructuous. However, the petitioners are at liberty to file a fresh petition in case an occasion arises, the single bench said.