Punjab-Haryana High Court
Ishwar Dayal & Ors vs State Of Haryana & Ors on 16 December, 2014
Bench: Surya Kant, Raj Mohan Singh
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
Civil Writ Petition No.25661 of 2014
Date of Decision: December 16, 2014
Ishwar Dayal and others .....Petitioners
versus
State of Haryana and others .....Respondents
CORAM: HON'BLE MR.JUSTICE SURYA KANT.
HON'BLE MR.JUSTICE RAJ MOHAN SINGH.
Present: Mr.Jasbir Mor, Advocate, for the petitioners.
Mr.RKS Brar, Additional AG, Haryana.
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1. Whether Reporters of Local papers may be allowed to see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
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Surya Kant, J. (Oral)
Notice of motion to respondent Nos.1 to 5 only at this stage.
On our asking, Mr.RKS Brar, learned Additional Advocate General, Haryana, accepts notice on their behalf.
Let five copies of the writ petition be supplied to the State counsel during the course of day failing which this order shall be automatically recalled and the writ petition shall be deemed to have been dismissed for non-prosecution.
In view of the nature of order which we propose to pass, there is no need to seek any counter-reply from respondent Nos.1 to 5 or to serve private-respondent Nos.6 to 28 at this stage as no order prejudicial to their interest is being passed.
The petitioners are residents of village Jainpur Sadhan, Block Indri, District Karnal. They are statedly living MOHINDER KUMAR 2015.01.05 12:18 I attest to the accuracy and authenticity of this document Chandigarh CWP No.25661 of 2014 [2] below poverty line. They allege a large scale bungling by the then Sarpanch of the Gram Panchayat in the matter of releasing grants to private-respondents under 'Indira Awas Yojna' for the construction of houses. It is alleged that pursuant to the complaints made by the petitioners and other affected persons to whom the due grant was not released despite they being eligible, a fact-finding enquiry was held in which the allegations of mis-appropriation and embezzlement of funds were duly proved. Thereafter, the State Government has repeatedly asked the Additional Deputy Commissioner- cum-Chief Executive Officer, District Rural Development Agency, Karnal as well as the Deputy Commissioner, Karnal, to take further action and send a compliance report but no such action has been taken till date. A pointed reference is made to the official correspondence placed on record as Annexures P-12 to P-18.
Having heard learned counsel for the petitioners as well as learned State counsel and after going through the contents of the enquiry report and other documents on record, it appears imperative to direct the Deputy Commissioner and Additional Deputy Commissioner-cum-Chief Executive Officer, District Rural Development Agency, Karnal, to take the pending issue to its logical conclusion and send a compliance report to the State Government. Suffice it to observe that if a case of mis-appropriation and embezzlement of Government funds is made out, the authorities are obligated to take lawful action against the guilty persons. We are, however, not going into the merits of the allegations as private-respondents or other affected persons have not been called upon at this stage. The writ petition is accordingly MOHINDER KUMAR 2015.01.05 12:18 I attest to the accuracy and authenticity of this document Chandigarh CWP No.25661 of 2014 [3] disposed of with a direction to respondent Nos.3 & 4 to take further action as may be required in law, within a period of four months from the date of receiving a certified copy of this order and send their compliance report to the State Government.
Ordered accordingly.
Let a copy of this order be given dasti to the learned State counsel for information and compliance.
[SURYA KANT]
JUDGE
December 16, 2014 [RAJ MOHAN SINGH]
Mohinder JUDGE
MOHINDER KUMAR
2015.01.05 12:18
I attest to the accuracy and
authenticity of this document
Chandigarh