Rajasthan High Court - Jaipur
Gabbar Singh Meena Son Of Johari Lal ... vs State Of Rajasthan on 27 January, 2021
Author: Ashok Kumar Gaur
Bench: Ashok Kumar Gaur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 377/2021
Gabbar Singh Meena Son Of Johari Lal Meena, Aged About 35
Years, Resident Of Village And Post Babeli, Tehsil Raini, District
Alwar (Raj.)
----Petitioner
Versus
1. State Of Rajasthan, Through Additional Principal
Secretary, Panchayati Raj Department, Govt. Of
Rajasthan, Govt. Secretariat, Jaipur (Raj.)
2. The District Collector, District Alwar (Raj.)
3. The Additional District Collector-I, Alwar (Raj.)
4. The Chief Executive Officer, Zila Parishad Alwar (Raj.)
5. The Sub Divisional Officer, Sub Division Raini, Alwar (Raj.)
6. The District Treasurer, Alwar (Raj.)
7. Block Development Officer, Panchayat Samiti Raini,
District Alwar (Raj.)
8. The Executive Engineer, P.w.d. Division-Ii, Alwar (Raj.)
9. The Executive Engineer, Water Resource, Alwar (Raj.)
10. The Executive Enginer, Phed, Ncr Division-I, Alwar (Raj.)
----Respondents
For Petitioner(s) : Mr.GS Gouttam
For Respondent(s) :
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR
Order
27/01/2021
The present writ petition has been filed by the petitioner challenging letter dated 07th December, 2020 and further direction has been sought for not taking any action against the petitioner on the basis of enquiry report prepared in pursuance of letter dated 22nd October, 2020.
Learned counsel submitted that the petitioner was elected as Sarpanch in the month of January, 2020 of Gram Panchayat (Downloaded on 28/01/2021 at 11:13:12 PM) (2 of 3) [CW-377/2021] Babeli, Tehsil Raini, District Alwar and a Member of Legislative Assembly, belonging to Congress party made complaint against the petitioner of carrying out certain development work in the Panchayat Samiti.
Learned counsel submitted that on complaint, being made, an enquiry was conducted by the Enquiry Officer and report dated 13th November, 2020 was prepared, wherein not only the petitioner (Sarpanch/Secretary) was found guilty but also other officers like Block Development Officer (BDO) of Panchayat Samiti were also found to be involved.
Learned counsel submitted that the petitioner had requested the authorities that he had not committed any misconduct or he was not responsible for the allegation, which was levelled against him.
Learned counsel submitted that after enquiry report, being prepared, again letter dated 7th December, 2020 has been addressed by the District Collector to Chief Executive Officer, Zila Parishad, Alwar, wherein it was mentioned that further action is required to be taken against the persons who were responsible for misappropriation of government money.
Learned counsel submitted that the said letter also directs the CEO, Zila Parishad to get the factual report and measurement of the work done for taking appropriate action against the persons who are responsible.
Learned counsel submitted that the office of Executive Engineer, PHED Rural Division First, Alwar also issued a letter to the Block Development Officer to make the entire record available for preparing the detailed enquiry report. (Downloaded on 28/01/2021 at 11:13:12 PM)
(3 of 3) [CW-377/2021] Learned counsel submitted that the petitioner, before filing writ petition, sent a legal notice for demand of justice for not initiating any proceeding against him on the basis of enquiry conducted and the subsequent letter issued on 7 th December, 2020.
Learned counsel submitted that now the respondents are determined to take action against the petitioner and as such, he has no option but to approach this Court.
I have considered the submissions made by learned counsel for the petitioner and peruse the material available on record.
This Court finds that the letter dated 7 th December, 2020 has been only addressed to the Chief Executive Officer to get proper factual report about the work which was undertaken.
This Court further finds that no notice or letter has been issued to the petitioner, wherein the petitioner has been asked to deposit any amount or any other action for committing misconduct, has been initiated.
This Court, at this juncture, cannot issue any writ of mandamus directing the authorities to act in a particular manner simply on a letter being written on 7th December, 2020 This Court finds that the present writ petition is not maintainable before this Court, at this stage, however, if any action is taken by the respondents against the interest of petitioner, he is always free to avail appropriate remedy before the appropriate Forum.
The present writ petition is dismissed with aforesaid observation.
(ASHOK KUMAR GAUR),J Preeti Asopa /Sakshi/98 (Downloaded on 28/01/2021 at 11:13:12 PM) Powered by TCPDF (www.tcpdf.org)