High CourtsSingle Bench(2019) 12 PAT CK 0129

Avinish Sinha vs State Of Bihar Through And Ors

Patna High Court · Decided on 3 December 2019

HON’BLE JUDGES
Ashutosh Kumar, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Jurisdiction Case No. 24019 Of 2019

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Judgment

7 paragraphs · 302 words

The petitioner has challenged the award passed by the Lokpal, MGNREGA, Sheikhpura dated 31.08.2019 whereby a direction has been issued for lodging of FIR against two Junior Engineers and one Panchayat Technical Assistant. The award also directs that the concerned accountants be also proceeded against departmentally and criminal cases also be lodged against them for having failed in their duty of executing the policy of MGNREGA in making timely payment of daily wages to the MGNREGA workers.

Though the drift of the order appears to be too big and is capable of being read against every accountant who has been posted at Sheikhpura district but there is nothing specific in the award with respect to the petitioner.

Learned counsel appearing for the petitioner has submitted that he has joined as Accountant in the office of DDC, Sheikhpura only in the year 2018 and the complaint which was adjudicated by the Lokpal is of the year 2012-13.

In that view of the matter, presently, there does not appear to be any reason for the petitioner to fear about any coercive action against him. As and when the petitioner would also be brought in the net of the aforesaid order, he would have the liberty to approach this Court. The petitioner can also challenge the aforesaid order if it aggrieves him in any manner before the appellate authority. However, the learned counsel for the petitioner has submitted that the appellate authority has not yet been constituted.

In any view of the matter, there is no emergent possibility of the petitioner being proceeded against.

As such, this writ petition is disposed of with a liberty to the petitioner to approach this Court again, if at any point of time, the order takes effect against him.

With the aforesaid direction/observation, the writ petition stands disposed of.