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2022 Supreme(Cal) 24

IN THE HIGH COURT OF JUDICATURE AT CALCUTTA
Prakash Shrivastava, Rajarshi Bharadwaj, JJ.
Raich Laskar - Appellant
Versus
State Of West Bengal and Others - Respondents
WPA(P) No. 8 of 2022
Decided On : 18-01-2022

Advocate Appeared:
For the Appellant :Mr. K. M. Hossain, Mr. Rakib Hussain, Advocates
For the Respondent:Mr. Jahar Lal De, Mr. Shamim Ul Bari, Advocate

The court has the authority to direct the concerned authority to take action in cases of alleged misappropriation of Government funds.

Headnote:

Misappropriation - Pradhan Mantri Awas Yojona - The court directed the District Magistrate to consider the petitioner's representation, conduct an enquiry, and take action if any defalcation is found within 3 months.

Fact of the Case:

The petitioner raised a grievance regarding the misappropriation of Government funds allocated for Pradhan Mantri Awas Yojona by the respondent No.5.

Finding of the Court:

The court disposed of the writ petition by directing the District Magistrate to consider the petitioner's representation, conduct an enquiry, and take action if any defalcation is found within 3 months.

Issues: Misappropriation of Government funds, inaction on petitioner's representation.

Ratio Decidendi: The court found merit in the petitioner's grievance and directed the District Magistrate to take necessary action.

Final Decision: The present petition is accordingly disposed of, and the District Magistrate is directed to consider the petitioner's representation, conduct an enquiry, and take action if any defalcation is found within 3 months.

ORDER :

1. Affidavit of service filed by the petitioner is taken on record.

2. The grievance raised by the petitioner in this public interest litigation is in respect of misappropriation of Government funds allocated for Pradhan Mantri Awas Yojona by the respondent No.5 who is the facilitator of Awas Yojona.

3. It is submitted by learned counsel for the petitioner that the funds have been released even to dead persons and to those who have not raised any construction. He has pointed out that the petitioner has already filed a representation dated 29.10.2021 to the respondent No.2, District Magistrate, South 24 Parganas, but no action on the said representation has been taken till now.

4. Learned counsel for the State fairly submits that there is no objection in considering the petitioner's representation and taking due action.

5. Hence, we dispose of the present writ petition directing the respondent No.2, District Magistrate, South 24 Parganas, to duly consider the petitioner's representation and conduct an enquiry in respect of the allegation made therein and pass a reasoned speaking order and in case if any defalcation is found, then to take an action in accordance with law without any delay.

6. Let this exercise be completed within a period of 3 months from the date of receipt of a copy of this order.

7. The present petition is accordingly disposed of.

8. Urgent photostat certified copy of this order, if applied for, be supplied to the parties on usual undertaking.

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