Court emphasizes timely enforcement of accountability measures following a detailed enquiry while balancing allegations and findings.

CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER (Per: HONOURABLE THE ACTING CHIEF JUSTICE)

6 04-12-2025 In the instant petition, petitioners have prayed for the following relief(s) :-

(i) For issuance of an appropriate writ in the nature of MANDAMUS commanding and directing the Respondent Authorities to make detail enquiry from an Independent Agency about the MANREGA schemes done in Gram Panchayat Raj, Ladho under Patepur Block of Vaishali District on the ground that without doing the work on the ground under MANREGA Scheme in the said Panchayat the Mukhiya and other officers attached with the said scheme embezzled the fund.

(ii) For issuance of an appropriate writ in the nature of MANDAMUS commanding and directing the Respondent Authorities to take suitable action against the erring persons, if they are found guilty in the enquiry in misappropriation of public money.

(iii) For issuance of any other appropriate writ/writs, order/orders, direction/directions for which the writ petitioner shall be found entitled under the facts and circumstances of the case.

2. A counter affidavit has been filed on behalf of Respondent Nos.5 to 8. The following statements have been made in paragraphs 8 and 9 thereof:-

“8. That the statement made in Para-6 & 7 of the writ petition, it is submitted that on the complaint of petitioners (villagers filed a complaint before the District Magistrate on 01/10/2024 and the Divisional Commissioner Tirhut Division, Muzaffarpur on 11/09/2024 with recommendation made by the member of MLA on 01/09/2024 wherein the petitioner categorically mentioned that the scheme of Manrega which was not done on the ground rather the Mukhiya in connivance with the officers attached with the said scheme had withdrawn the entire amount of scheme and made a request for a detail enquiry in this matter and to take suitable lawful action against the erring persons, the District Rural Development Agency, Vaishali as per order vide Memo no.114 dated 10/01/2025 constituted an enquiry committee headed with Director DRDA and Members (1) District Programme Officer, Manrega Vaishali (2) Executive Engineer, Manrega, Vaishali and directed to complete the enquiry on the issues mentioned in complaint and ensure to submit enquiry report within a week time copy of the said order sent to all concerned officers.

9. That the statements made in Para-8 to 16 of the writ petition, the allegations against the respondent authorities are not correct. The enquiry is in process and those persons found guilty, suitable action would be taken against them in accordance with law.”

3. Further, a supplementary counter affidavit has been filed on behalf of Respondent Nos. 5 to 8. The following statements have been made in paragraphs 6 to 12 thereof :-

“6. That it is further stated here that in compliance of the said order, the Joint Enquiry Committee conducted a detailed enquiry, verified the relevant records, examined the site and submitted its consolidated report. The report found some irregularities and instances of negligence on the part of certain officials, but no large- scale misappropriation or systemic fraud as alleged.

7. That it is stated here that the enquiry found that during the Covid-19 period, payments amounting to Rs. 14,730/- were made in the names of deceased beneficiaries which occurred due to mistaken identity when masked labourers were working in compliance with pandemic safety norms. Similarly, a payment of Rs. 3,420/- was made in March 2024 in the name of a deceased beneficiary, indicating negligence. Accordingly, recovery of these small amounts and minor disciplinary proceedings were r