Shamsher Alam, son of Late Jalil Ansari v. State of Jharkhand
2019-01-04
ANIRUDDHA BOSE, H.C.MISHRA
body2019
DigiLaw.ai
JUDGMENT : Aniruddha Bose, J. 1. We are taking up this matter for hearing ignoring the defect pointed out by the department as the defect is minor in nature. 2. The complaint of the writ petitioner in this proceeding is over misuse of funds under the MGNREGA Scheme granted under the 13th and 14th Finance Commission in respect of Jarba Panchayat in Churchu Block within the district of Hazaribag. 3. The petitioner founds his claim on the basis of a report received in response to his query made under the Right to Information Act, 2005. That report has not been annexed to the writ petition but in the pleadings certain irregularities have been highlighted. While hearing a public interest litigation in the writ jurisdiction, it is not possible for us to get into such detailed enquiry of financial matters. 4. The petitioner is given liberty to approach the Deputy Commissioner, Hazaribag with his complaints. In the event such complaint is made within a period of four weeks the Deputy Commissioner, Hazaribag shall institute an enquiry upon giving opportunity of hearing to the writ petitioner and other affected parties and prepare a report. In the event any irregularity is found, then appropriate steps shall be taken by the Deputy Commissioner, Hazaribag. 5. The writ petition stands disposed of in the above terms. 6. As we are disposing of the writ petition without calling for any affidavit, allegations made in the writ petition shall be deemed to have not been admitted and it shall be open to the Deputy Commissioner, Hazaribag to delve into each and every allegation made in the writ petition as well as any other additional complaint the writ petitioner may make in his representation to the Deputy Commissioner, Hazaribag. No order as to costs.