Himachal Pradesh High Court
Pratap Chand vs State Of H.P. And Others on 11 May, 2016
Bench: Mansoor Ahmad Mir, Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP Nos.9028 and 2094 of 2012.
Decided on: May 11, 2016.
.
CWP No.9028 of 2012:
Pratap Chand ...Petitioner.
VERSUS
State of H.P. and others ...Respondents.
CWP No.2094 of 2012:
Pratap Chand ...Petitioner.
of
VERSUS
State of H.P. and others ...Respondents.
Coram rt
The Hon'ble Mr.Justice Mansoor Ahmad Mir, Chief Justice.
The Hon'ble Mr.Justice Sandeep Sharma, Judge.
Whether approved for reporting?
For the petitioner(s): Mr.Dushyant Dadwal, Advocate.
For the Respondents: Mr.Shrawan Dogra, Advocate
General, with Mr.Anup Rattan
and Mr.Romesh Verma,
Addl.A.Gs. and Mr.J.K. Verma,
Dy.A.G. for the respondents-
State.
Mr.B.C. Verma, Advocate, for
private respondents.
Mansoor Ahmad Mir, C.J. (Oral)
CWP No.9028 of 2012:
1. The writ petition has been filed with the following prayer:
"................respondents may kindly be directed to take action in the matter as early as possible with a further direction to them to conduct proper & complete enquiry in ::: Downloaded on - 15/04/2017 20:19:26 :::HCHP ...2...
the matter about the alleged illegal marking of presence in the muster-rolls of the Panchayat works being done under .
MNREGA, where the respondent no.4 being the Pradhan of the concerned Gram Panchayat has marked her presence illegally & fraudulently in order to derive illegal benefits so that public at large may not suffer & there may be a check in the unfettered powers of the respondents i.e. respondent No.4 & 5, who may please be ordered to be removed from the posts of of Pradhan & Ward member respectively. That the respondents may please be directed to produce unto this Hon'ble Court the complete & entire record pertaining to the rt muster-rolls, where the respondents no. 4&5 have marked there presence & has claimed the wages simultaneously attending the meetings of the Gram Panchayat & Gram Sabha & has been found guilty by the enquiry officer, but without recommending any punishment."
2. Mr.Anup Rattan, learned Additional Advocate General, stated that the Deputy Commissioner has already conducted the inquiry and on finding minor irregularities, recovery was effected from respondents No.4 and 5.
CWP No.2094 of 2012:
3. By the medium of this writ petition, the petitioner has sought the following main reliefs:
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i) Writ in the nature of mandamus kindly be issued directing respondent No.2 and respondent No.5 to regulate the .
organization of fair in accordance with law.
ii) Writ in the nature of mandamus may kindly be issued directing Respondent NO.3 and to maintain the proper record of the affairs of the above notice festival/mela i.e. Dhamu Shah Mela organized in Gram Panchayat Gabli Dar, District Kangra, (H.P.) of
iii) Writ in the nature of mandamus may kindly be issued directing Respondent No.2 and 5 to audit under section 118 of the Panchayati Raj Act the collection of the amount rt collected from the organization of the above noted festival/mela.
iv) Writ of mandamus may kindly be issued directing Respondent No.2 and 3 to allot the swings and shops by open auction and given to the highest bidder and transparency be maintained so that revenue be generated.
v) That writ in the nature of mandamus may kindly be issued to respondent No.2 and 3 to conduct the enquiry regarding the accounts of Dhamu Shah Mela organized in Gram Panchayat Gabli Dar, District Kangra (HP) from the period 2001 onwards so that the loss of the revenue done by the organizing of the above noted festival happen sine 2001 may be made good and the persons who have caused the loss may be subject to the rule of law and justice."
4. Without going into the maintainability and also without marshalling out the facts, of the writ petitions, we dispose of the ::: Downloaded on - 15/04/2017 20:19:26 :::HCHP ...4...
same by directing the Divisional Commissioner concerned to examine the cases of the petitioner(s) and pass appropriate orders, .
as warranted under the law, after hearing the parties, within a period of six weeks from 1st June, 2016, on which date, the parties shall cause appearance before the Divisional Commissioner. The parties are directed to place all the relevant documents before the of Divisional Commissioner.
5. Pending CMPs, if any, also stand disposed of.
rt Copy dasti.
(Mansoor Ahmad Mir) Chief Justice.
11th May, 2016. (Sandeep Sharma)
(Tilak) Judge
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