Massodi, J. 1. The Public Interest Litigation on hand has its roots in unauthorized shifting of Swadhar Shelter Home from Kralpora, Kupwara to Chadoora Budgam and mis-appropriation of the funds allotted by respondents 1-3 to run the Home. The petitioners have no personal interest in the matter, but are interested in the welfare of inmates of the Home, who were thrown out after it was shifted to Chadoora, Budgam. Before proceeding further, it would be appropriate to take an overview of the background facts. 2. The State Social Welfare Board - respondent No. 5 in the petition, sometime in 2005 mooted a proposal for setting up a Shelter Home for widows, children, earthquake victims at Kralpora, Kupwara. It is pertinent to point out that Karnah Kupwara were amongst worst hit areas of massive earthquake that hit Jammu & Kashmir in 2005. The proposal met approval of the Ministry of Human Resources Development, Department of Women and Child Development, Government of India. 3. Ms. Surinder Kaur, Under-Secretary to Government of India, vide communication dated 10-1-2006 conveyed approval for setting up of Swadhar Shelter Home at Kupwara as also an advance payment of Rs. 3,58,000 for a period of four months from December 2005 to March 2006. The Shelter Home was to house 50 women inmates. 4. The communication set out the conditions subject to which the grant was made. The Home was accordingly set up and 44 women and children admitted in the Home. The Home was housed in a building owned by one Abdul Ahad Malik, resident of Kralpora, Kupwara. 5. Executive Director/Secretary, State Social Welfare Board, namely Ghulam Mohi-ud Din, respondent no. 7 in the petition, allegedly shifted the Home from Kralpora, Kupwara to Chadoora, Budgam and admitted about 37 children in the Shelter Home. One inmate in the Shelter Home at Kralpora, Kupwara namely Khalida daughter of Abdul Rashid Malik resident of Kupwara was allowed to stay in the Home at Chadoora, Budgam. The other inmates - widows, earthquake victims and orphans given shelter in the Home at Kralpora, Kupwara were thrown out and left shelter-less. 6. One inmate in the Shelter Home at Kralpora, Kupwara namely Khalida daughter of Abdul Rashid Malik resident of Kupwara was allowed to stay in the Home at Chadoora, Budgam. The other inmates - widows, earthquake victims and orphans given shelter in the Home at Kralpora, Kupwara were thrown out and left shelter-less. 6. Petitioners sometime after the Home was unauthorisedly shifted from Kralpora, Kupwara to Chadoora, Budgam approached the respondents with an application under Right to Information Act and after it was confirmed that the Home had been shifted to Chadoora, Budgam and its inmates at Kralpora left homeless, approached this court with the writ petition on hand. 7. Petitioners' case is that the Shelter Home meant for forlorn and underdeveloped area of the Valley was unauthorisedly shifted by respondent no. 7 to Chadoora, Budgam and most of the 44 inmates thrown out from the Home. It is further pleaded that only 5 children from Kupwara have been accommodated in the Home at Chadoora and none of the beneficiaries of the Home at Kralpora, Kupwara belonging to Karnah, Tangdar area allowed to enjoy the benefit of the Scheme. 8. The petitioners on strength of averments made in the petition, seek quashment of order shifting the Shelter Home from Kralpora to Chadoora, Budgam and also a direction to the respondents to restore the Shelter Home at Kralpora, so that its benefit are extended to the orphans and widows and earthquake victims of the area. 9. Respondent 1-3 in their reply styled as status report dated 12.11.2012 took the stand that the Jammu and Kashmir State Social Welfare Board, vide its letter dated 22nd May 2009 informed the respondents that the Shelter Home running at Kralpora, Kupwara was required to be shifted to Chadoora, Budgam for better educational facilities to the children housed in the Home and that the Home was in the said background shitted to and was functioning in Budgam. It was further stated that an amount of Rs. 4,72,560 was released in favour of the Board for the period from 1st April 2008 to 31st March 2009 to run the Home at Chadoora, Budgam. 10. Respondent no. 7 in his reply insists that the allegations of mis-appropriation of funds levelled against him are devoid of any substance. Respondent no. It was further stated that an amount of Rs. 4,72,560 was released in favour of the Board for the period from 1st April 2008 to 31st March 2009 to run the Home at Chadoora, Budgam. 10. Respondent no. 7 in his reply insists that the allegations of mis-appropriation of funds levelled against him are devoid of any substance. Respondent no. 7 also disputes other factual averments made in the petition and the allegations levelled and denies that the Swadhar Shelter Home was shifted under his orders from Kupwara to Chadoora, Budgam. 11. We have gone through the pleadings as also status report, filed by respondents from time to time including the enquiry report filed by State Vigilance Organization, Kashmir. We have heard learned counsel for the parties. 12. The court on 30th May 2011 on going through the pleadings and upon hearing learned counsel for the parties issued following directions. a. The 5th respondent-Social Welfare Board is directed to restore the Swadhar Shelter Home at Karnah as promised at the time when it was temporarily closed in November, 2007, within one month from the date of receipt of copy of this order. b. The 1st respondent-Union of India is directed to release the funds withheld by if for the financial years 2009-2010 and 2010-2011 in favour of the 5th respondent-Board who shall in turn forward the entire sum to the Deputy Commissioner, Kupwara, to enable him to set up the Home and also disburse the benefits to the present available inmates other than those who expired and those who are married and are no longer in need of the benefits at the Shelter Home. c. The State Vigilance Organization, Kashmir, shall hold necessary investigation as to the mishandling of the funds in the matter of shifting of the Shelter Home from Kupwara to Budgam either by Dr. Gh. Mohi-ud-din on his own or with the assistance of any other accomplice in the 5th respondent- Board or any other outsider, and submit a report to this Court for passing appropriate orders. Such preliminary report shall be filed before this Court by the Vigilance Organization, Kashmir, within one month from the date of receipt of copy of this order. 13. All the three directions stand complied with. The Shelter Home has been since restored at Kralpora, Kupwara and is being run under the supervision of Deputy Commissioner, Kupwara. Such preliminary report shall be filed before this Court by the Vigilance Organization, Kashmir, within one month from the date of receipt of copy of this order. 13. All the three directions stand complied with. The Shelter Home has been since restored at Kralpora, Kupwara and is being run under the supervision of Deputy Commissioner, Kupwara. Respondents 1-3 have released funds from time to time on production of utilization certificates by the Board and Deputy Commissioner, Kupwara. The latest is the allotment dated 13.3.2014, whereby an amount of Rs. 5.138 lakh for the period from 1.4.2013 to 31.3.2014 stands released. 14. The State Vigilance Organization, Kashmir has also enquired into the matter and submitted its report. The report prima facie establishes omission and commission on the part of respondent no. 7 and others who have assisted him in the alleged misconduct. The inquiry report explicitly states that the misuse of office and misappropriation of funds amounts to the offence punishable under Jammu and Kashmir Prevention of Corruption Act, 1949 (Samvat 2006). 15. Mr. Bhat, learned counsel for respondent no. 7 has taken us through the reply affidavit as also the rejoinder filed by respondent no. 7 to convince us that all the allegations levelled against respondent no. 7 are false, frivolous and without substance. Mr. Lone, learned advocate appearing for the inmates of Swadhar Shelter Home, Chadoora, Budgam, is at pains to point out that Swadhar Shelter Home, Kupwara, was never shifted from Kupwara to Budgam and that the Home set up at Budgam is a new Home having no connection with the Home at Kupwara. 16. The stand taken by learned counsel for respondent no. 7 and the inmates of Swadhar Shelter Home, Budgam, is prima facie belied by the record available on the file. Respondents 1 to 3 who conceived the idea of Swadhar Shelter Home, have in their reply styled as status report explicitly stated that the Home at Kralpora, Kupwara, was shifted at the request of J&K State Social Welfare Board to, as pleaded by the Board, provide better educational facilities to the inmates of the Home. This apart in the record available on the file, reference is made to various communications addressed by respondent no. This apart in the record available on the file, reference is made to various communications addressed by respondent no. 7 to the authorities in the Ministry of Human Resource Development, Woman and Child Development Department, prima facie indicating that respondent was keen to get the Home shifted from Kupwara to Budgam. Furthermore, it was only with the intervention of this court vide order dated 6.7.2011 that the articles in use at Swadhar Shelter Home, Kupwara like furniture, fixtures, utensils and beddings, were admitted to have been shifted to Chadoora, Budgam. Had the Shelter Home at Kupwara not been shifted to Chadoora, there was no need to close the Shelter Home at Kupwara throw out the inmates, compel the students admitted in the local school to take their discharge certificates and return to their respective villages and shift all the aforementioned articles from Kupwara to Budgam. Be that as it may, we do not want to take a final view in the matter particularly having regard to the directions we propose to pass, and leave it to the agency asked to investigate the matter to dig out and unravel true facts. 17. The material available on the record would prima facie reveal that the Home was shifted by respondent no. 7 who at the relevant point of time manned the post of Executive Officer/Secretary State Social Welfare Board to have it near his home and enjoy the benefits that would come his way by making the facility available to the children from his native place, have the staff recruited from his locality and more so house the Home in a building constructed on a piece of land purchased out of funds allotted by respondent 1 to 3 in the name of an acquaintance namely Hafeeza wife of Abdul Rehman Bhat r/o Khanda Bawan, Nawakadal, Srinagar. 18. The Vigilance Organisation Kashmir has in its report given details of misconduct allegedly committed by respondent No. 7 and his accomplices as also the material collected in support of alleged misconduct. It would be appropriate to reproduce hereunder the recommendations made by Superintendent of Police (BKB) Vigilance Organisation, Kashmir. "The cumulative position which has emerged from the verification is that Dr. Gh. Mohi-ud-din the then executive Director/Secretary State Social Welfare Board being a public servant has by abuse of official position diverted an amount of Rs. It would be appropriate to reproduce hereunder the recommendations made by Superintendent of Police (BKB) Vigilance Organisation, Kashmir. "The cumulative position which has emerged from the verification is that Dr. Gh. Mohi-ud-din the then executive Director/Secretary State Social Welfare Board being a public servant has by abuse of official position diverted an amount of Rs. 2.50 lacs in favour of one lady and has purchased 03 marlas of land just adjacent to the border line of his compound situated at Wathura Budgam to make it as his personal property. He has thus projected wrongly to the Government of India that said land has been purchased for setting up of a widow Hall/Helpline for the victims of natural calamities envisaged under the scheme. Besides he has also been instrumental in issuing a bearers cheque for an amount of Rs. 50,000 instead of A/C payees cheque and as such has facilitated its drawl through some of his own man and has wrongly projected in the records to have issued the same in favour of M. S. Traders Kupwara on account of previous liabilities which in fact were never there and has thus drained out total amount of Rs. 3.00 lacs for his personal benefit which otherwise was meant for the earthquake victims of Tehsil Karnah. Moreover an amount of Rs. 24,879/- has also been found paid vide A/C payees cheque no. 031741 dated 26.12.2008 by Dr. Gh. Mohi-Din which also has been found misappropriated by Shri Jaffar Hussain Manager Central Marketing Society Kupwara with the connivance of Shri Ab. Hamid Khan Manager Cooperative bank Kupwara. The above cited acts on the part of public servants named above attract provisions of Prevention of Corruption Act 2006." 19. The enquiry report therefore prima facie belies the stand taken by the respondent No.7 and the inmates of Shelter Home at Chadoora, Budgam. The Public Interest Litigation on hand at the time it was filed, was intended to achieve twin objects of restoration of Swadhar Shelter Home at the place it was initially set up i.e. Kralpora, Kupwara, and enquiry into the mode and manner in which the Home was shifted from Kralpora, Kupwara to Chadoora, Budgam and whether the shifting had any mala fide design at its back and fix the responsibility. 20. 20. The Home as already pointed out stands restored at Kralpora, Kupwara and a good number of women and children from Karnah and Kupwara have been provided shelter in the Home. The funds to run the Home are being regularly sanctioned by respondents 1 to 3 and utilized for welfare of inmates. We expect responds 1 to 3 to continue to provide funds to the authorities saddled with the responsibility to run the Home, of course in accordance with the mandate of scheme and the guidelines in vogue. The criminal misconduct allegedly committed by respondent No.7 while shitting the home has also been unravelled. 21. We, in the above background close the public interest litigation on hand with following directions: a. The amount of Rs. 2.50 lakh diverted by Dr. Gh. Mohi-ud-din, respondent no. 7, the then Executive Director/Secretary, State Social Welfare Board, in favour of a lady for purchasing three marlas of land at Chadoora Budgam along with a sum of Rs. 50,000/- in issuing a bearer cheque instead of a/c payee cheque be deposited with Swadhar Shelter Home Kralpora, Kupwara. Likewise, a sum of Rs. 24,879/- paid vide a/c payee cheque no. 031741 dated 26.12.2008 be also deposited by respondent no. 7 in the account of Swadhar Shelter Home, Kralpora, Kupwara. Thus, a total sum of Rs.3,24,879/- be deposited with interest at the rate of 9 per cent per annum from the date of their misappropriation till the date of deposit. The needful shall be done within a period of 30 days from today. b. Police Station Vigilance Organization Kashmir (P/S VOK) shall register a case under the relevant provisions of Jammu and Kashmir Prevention of Corruption Act, 1949 (Samvat 2006) and Ranbir Penal Code on the basis of inquiry report submitted by it. The investigation shall be entrusted to a senior officer in P/S VOK and the results of investigation placed before the competent court in accordance with law, preferably within three months from the date of receipt of copy of the order. c. The respondents 1 to 3 shall continue to release funds in favour of State Social Welfare Board/Deputy Commissioner, Kupwara, to facilitate smooth running of Swadhar Shelter Home, Kupwara. We make it clear that the funds shall be released in accordance with rules on receipt of utilization certificates required under rules and till Swadhar Shelter Home scheme remains operational. c. The respondents 1 to 3 shall continue to release funds in favour of State Social Welfare Board/Deputy Commissioner, Kupwara, to facilitate smooth running of Swadhar Shelter Home, Kupwara. We make it clear that the funds shall be released in accordance with rules on receipt of utilization certificates required under rules and till Swadhar Shelter Home scheme remains operational. d. The PIL is accordingly closed.