JUDGMENT :

Tarlok Singh Chauhan, C.J.

1. The petitioner claims to have filed the instant pro bono publico for the grant of following reliefs:-

(i) For issuance of appropriate writ(s)/order(s)/direction(s) to respondent authorities to consider the evidences on record and initiate inquiry/investigation into irregularities and illegalities in allocation and usage of developmental funds, especially MLA Fund, on the recommendations of Respondent No.6, who is sitting Member of Legislative Assembly, Bishrampur Constituency, Jharkhand Vidhan Sabha and in lieu of fact that stated Respondent No.6 has acted contravention to Rules and guidelines concerning expenditure of MLA Fund issued Vide Letter No. 1212 dated 01.02.1999 under the seal and Signature of Additional Secretary, Department of Rural Development, Government of Bihar (Now Jharkhand).

(ii) For direction upon respondent authorities to enable police protection to Petitioner who is acting as Whistleblower, and is unveiling large scale misappropriation of Funds in aide and alliance with corrupt officials and Respondent No.5 who has directly benefited the Trust societies and private institutions in which sitting Member of Legislative Assembly, Bishrampur Constituency and his aides have stake; and possibly they have derived a loopholes in government mechanism to siphon away the public money towards personal interest.

2. The petitioner claims himself to be the resident of District Garhwa and engaged in social welfare activities in the district of Garhwa. He claims to have carried out several welfare activities time to time for the interest of the people.

3. It is further averred that Ministry of Rural Development, Department of Rural Development (Disha Division) vide letter dated 15.01.2024 issued under seal and signature of Under Secretary to Government of India, has appointed him as Non-Official Member of District Level DISHA Committee of Garhwa as per provision 3(ix) of the Guidelines for District Level Committee.

4. It is further averred that the petitioner has always been vigilant about undergoing local development works in his own village and nearby villages and in this context, several local residents of the village informed him about large scale irregularities in allotment, disbursement and propagation of local developmental works under the Office of Deputy Development Commissioner, Garhwa. It is averred that local residents of the village have alleged suspected role of respondent no.7, exiting Member of Legislative Assembly, Jharkhand Vidhan Sabha, in siphoning off MLA funds for his personal purposes.

5. It is averred that MLA Funds are categorized generally those funds which is duly spent on the recommendation of the Member of Legislative Assembly. MLA Fund is particularly a consolidated fund in the hand of Deputy Development Commissioner, functioning under the Department of Rural Development, Government of Jharkhand. The role of the Deputy Development Commissioner is to scrutinize the necessity of such developmental works as per rules and guidelines and thereafter approve and disburse such fund sanctioned against particular MLA within 30 days of the recommendation.

6. Lastly it is averred that the rules and guidelines relating to disbursement of MLA fund completely debars usage of MLA Funds under certain categories and as per Appendix-2 of the Guidelines, disbursement of funds on the recommendation of MLA/Counselor cannot be made for the following categories –

(i) Any recommendation of work for repair and maintenance or renovation of permanent asset except work for protection and preservation of asset.

(ii) Grant and Credit.

(iii) Acquisition of property or payment of compensation for acquired property.

(iv) Any recommendation for construction work or extra works in the private institutions.

(v) Any recommendation for construction or repair work at religious places.

(vi) Any recommendation for constructing government building/Government related building/construction of residential buildin