Himachal Pradesh High Court
Kishore Chand vs State Of Himachal Pradesh And Others on 21 October, 2016
Author: Tarlok Singh Chauhan
Bench: Tarlok Singh Chauhan
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA .
CWP No.6364 of 2014.
Date of decision: 21.10.2016.
Kishore Chand .......Petitioner.
Versus
State of Himachal Pradesh and others ......Respondent s.
of
Coram
The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.
For the Petitioner rt Whether approved for reporting?1No : Mr.Jagdish Thakur, Advocate.
For the Respondents : Mr.Vikram Thakur, Deputy
Advocate General with
Mr.J.S.Guleria, Assistant Advocate General, for respondents No.1 to 5 and 7.
Mr.Bhuvnesh Sharma, Advocate, for respondent No.6.
Tarlok Singh Chauhan, Judge (Oral).
This petition has been filed with the following prayers:-
"(a) To direct the respondents No.3 to 5 to conduct the inquiry against respondents No.6 and 7 for the irregularities and illegalities committed by them and if inquiry already stand conducted then the respondent No.3 to 5 be directed to place the same on record.
(b) To direct the respondents No.3 to 5 to take appropriate action against respondents No.6 to 7 in accordance with the provisions of Himachal Pradesh Panchayati Raj Act within some stipulated period."
2. Admittedly, this petition had been filed on 03.07.2014 when the matter was still sub-judice and pending consideration before the Deputy Commissioner. It is after filing of the writ petition that the Deputy Commissioner issued a show cause notice dated 14.08.2014 to Whether the reporters of the local papers may be allowed to see the Judgment?Yes ::: Downloaded on - 15/04/2017 21:25:09 :::HCHP 2 respondent No.6 under Section 145 of the Panchayati Raj Act which was duly replied vide reply dated 26.08.2014. On the basis of such .
reply, the Deputy Commissioner vide order dated 29.10.2014 has passed the final orders in the matter and the relevant extract whereof reads as under:-
"Finally after deeply scrutinizing the report of Enquiry Officer of and reply of concerned Pradhan, after sympathetically considering the matter, Smt. Pawna Dhiman Pradhan Gram Panchayat Khairi being the custodian and distributor Officer of rt the Panchayat for stopping the cutting and tempering in muster rolls, before starting the work on government land prior permission to transfer the land in the name of that department and to follow provisions mentioned in Rule 67 of Finance Rule- 2002 for purchase of material for works of Panchayat is strictly warned that in future to be careful in discharge of his duties and the case against him is closed."
3. Admittedly, the reliefs as prayed for by the petitioner stands duly complied with by the official respondents inasmuch as the inquiry into the alleged irregularities and illegalities committed by respondent No.6 have been duly enquired into by the Deputy Commissioner and thereafter final decision was taken vide order dated 29.10.2014.
4. Evidently, this order has attained finality as the petitioner has neither assailed the same by amending the writ or thereafter filing fresh writ petition.
5. In view of the aforesaid discussion, the writ petition has rendered infructuous and disposed of as such, leaving the parties to bear their own costs. Pending application, if any, also stands disposed of.
October 21, 2016. (Tarlok Singh Chauhan) (krt) Judge.
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