Calcutta High Court (Appellete Side)
Ramjan Mirdha vs State Of West Bengal & Ors on 3 November, 2017
Author: Arijit Banerjee
Bench: Jyotirmay Bhattacharya, Arijit Banerjee
HIGH COURT AT CALCUTTA
Civil Appellate Jurisdiction
Appellate Side
Present:
The Hon'ble Acting Chief Justice Jyotirmay Bhattacharya
AND
The Hon'ble Justice Arijit Banerjee
W.P. 5841(W) of 2017
Ramjan Mirdha
-versus-
State of West Bengal & Ors.
For the Petitioner : Mr. Shuvro Prokash Lahiri.
For the State : Mr. Jaharlal De,
Ms. Smita Das De.
Heard On : 3rd November, 2017.
Judgement On : 3rd November, 2017.
Arijit Banerjee, J.
The writ petitioner has approached this Court by way of public interest litigation with the grievance that huge sums of money sanctioned for various schemes to be implemented in remote parts of Purulia, West Bengal, for improvement of the quality and standard of lives of the inhabitants thereof are being defalcated in three Gram Panchayats under Para Panchayat Samity.
The writ petitioner prays for an investigation into such irregular acts and for proper punishment of the wrong doers.
The Block Divisional Officer had filed an affidavit before this Court which was not satisfactory. Accordingly, the District Magistrate, Purulia, was directed to file an affidavit disclosing the extent of defalcation, the amount that has been recovered, the action taken against the erring officer and whether any criminal or departmental proceedings have been initiated or not against them and the result of such proceeding. The District Magistrate has accordingly filed an affidavit affirmed on 7th August, 2017.
We have heard learned counsel for the parties at length and we have considered the affidavit of the District Magistrate.
We are satisfied that steps are being taken by the authorities for detection of defalcation and/or irregular use or misuse of the funds allocated for the social projects. We are also satisfied that steps are being taken to bring the wrong doing officers to books by initiating proper proceedings against them.
We make it clear that if the District Magistrate finds that any criminal action is required to be taken against any errant officer of the State, associated with the project, then such action should be taken without undue delay.
The process of detecting misuse of fund and recovery, as also the process of holding appropriate proceedings against the officers who have committed wrongful acts, should be completed as soon as possible and in any event within six months from the date of communication of this order.
Public money is involved and it is expected that the District Magistrate and other high officials who are responsible for proper implementation of the social projects shall act in terms of this order in its true spirit and intent.
With the aforesaid observations this writ petition stands disposed of.
(Jyotirmay Bhattacharya, A.C.J.) (Arijit Banerjee, J.)