Rajkumar Modi vs State Of Jharkhand And Ors

Heard, Mr. Suraj Kishore Prasad, learned counsel for the petitioner, Mr. Akshay Verma, learned A.C. to Sr. S.C.-1 appearing for the State, Mr.

Aashish Kumar, learned counsel for the respondent no. 5.

Petitioner has preferred this writ petition for commanding upon the respondent-authority to immediately take suitable action on the report of the

Deputy Commissioner dated 06.06.2011 to the fraudulent embezzlement of the public money by the Chairperson of the Dumka Municipal Council in

connivance of the Bank Official, after setting aside the order dated 18.06.2012 of the Secretary, Urban Development Department, whereby he has

provided benefit of doubt to the Chairperson of Dumka Municipal Council who is respondent no. 5 in this writ petition.

Learned counsel for the petitioner submits that the petitioner was ward commissioner of Ward No. 17, Dumka Municipal Council who addressed a

letter to the Deputy Commissioner, Dumka in connection with illegal diversion of public money accepted by the Chairman, Smt. Amita Rakshit-

respondent no. 5 from mobile tower companies and depositing it in personal account, instead, in the official account of Nagar Parishad and therefore,

requested for a high level enquiry. He further submits that Secretary, Urban Development Department has given benefit of doubt to the respondent

no. 5. He further submits that he has filed petition before the Lokayukta who passed a detailed order as Annexure-9 to this writ petition and closed the

case that is why, petitioner has filed writ petition. He further submits that Secretary, Urban Development Department has wrongly closed the matter

against respondent no. 5.

Mr. Ashish Kumar, learned counsel for the respondent no. 5 by way of referring affidavit filed on behalf of respondent no. 5 submits that the amount

in question was inadvertently debited in the account of respondent no.5 and when it was detected, now the amount has been deposited in the bank

which is clear from the letter dated 03.02.2020 issued by the Senior Manager, Dumka Branch of Allahabad Bank.

Learned counsel for the respondent-State submits that the Secretary, Urban Development Department has considered the matter and after

considering the matter, he has been provided benefit of doubt.

Having heard the learned counsel for the parties, this Court perused the impugned order and also perused the letter dated 03.02.2020 issued under the

signature of Senior Manager, Dumka Branch of Allahabad Bank, wherein he has admitted that amount in question has been deposited with the bank.

However, it is between Dumka Municipal Corporation and Dumka Nagar Parishad to accept the cheque.

The Secretary has also considered the dispute between the District administration as well as the Nagar Parishad on the earlier occasions. The

Director was deputed to enquire into the matter at length after his report benefit of doubt has been given by the Secretary, Urban Development

Department. Lokayukta has also considered the matter and he has accepted the report of the Government.

In view of the matter, as the Secretary as well as Lokyukta has considered the dispute in right perspective and the amount has already been deposited

in the bank, no relief can be extended to the petitioner. Accordingly, this writ petition is dismissed.