IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14095 of 2008 KAILASH PRASAD SINGH, son of Satya Narayan Singh, resident of village Birnaudha, Post Giridhara, P.S. Shambhuganj, District Banka, presently residing at village Khanpur English, Post Khanpur Mal, Via Sultanganj, District Bhagalpur … Petitioner Versus 1. THE STATE OF BIHAR 2. The Collector, Banka 3. Prakhand Wikas Padadhikari, Shambhuganj Block, District Banka 4. Mukhiya, Gram Panchayat Raj, Birnaudha, District Banka 5. Panchayat Sewak, Gram Panchayat Raj, Birnaudha, District Banka 6. Director, Panchayati Raj Wibhag, Bihar, Patna … Respondents. ----------- For the Petitioner : None For the State : Sri Umesh Prasad, A.C. to G.P.-17 -------- 7. 15.3.2010 Though no one has appeared on behalf of the petitioner to press this application, we have keeping in view of the earlier orders passed in this case, heard the Counsel for the State in order to finally dispose of this case. The petitioner, claiming to be a social worker, has filed this Public Interest Litigation for a direction to respondents no. 1 and 2 for taking action with regard to the alleged defalcation made in construction of various works in Birnaudha Gram Panchayat in the Banka district. 2 This Court in its interim order dated 23.6.2009 noticing the stand of the petitioner from Annexure 6 to the supplementary affidavit showing that on a preliminary enquiry some persons had been found guilty for defalcation of Government money requiring action to be taken by the District Magistrate, Banka had directed the counsel for the State to file a compact counter affidavit, on behalf of the Respondent no. 2. In compliance of the aforesaid order a counter affidavit has been filed on behalf of the District Magistrate, Banka duly sworn by the Block Development Officer, Shambhuganj wherein it has been stated that the allegation made by the petitioner as against Smt. Shanti Devi, Mukhiya and Mr. Nizamuddin, Panchayat Secretary, for alleged irregularities in various schemes of the Panchayat had been enquired into by the Sub-divisional Officer, Banka, who in his enquiry report dated 14th October, 2007 had found no merit in the allegations made by the petitioner. It has also been explained in the counter affidavit that on receipt of the said enquiry report of S.D.O., Banka, the whole issue was once again personally looked into by the District 3 Magistrate, Banka who vide his letter No. 75 dated 21.1.2008 had directed the Mukhiya of Birnaudha Gram Panchayat under Shambhuganj Block to take certain actions ensuring transparency in working of the Gram Panchayat. Additionally this Court would also find from the counter affidavit that a joint enquiry as with regard to completion of various schemes in Birnaudha Gram Panchayat was conducted under the orders of the District Magistrate and the concerned Junior Engineer and they too had reported that there was no anomaly in completion of the schemes in the Gram Panchayat in question. The copy of such counter affidavit was served on the counsel for the petitioner on 6.10.2009 but no reply has been filed by the petitioner controverting any of the fact mentioned in the counter affidavit. It is, thus, clear that the District Administration led by the District Magistrate, Banka through various has found that there is no substance in the allegation of defalcation made by the petitioner and as such, this Court would not now find any reason to issue any further direction in this 4 regard. That being so, this application is disposed of with a liberty to the petitioner to approach the District Magistrate, Banka by bringing into his notice any further material on the basis of which he may substantiate the allegations made by him in this writ application. Such representation, if so filed by the petitioner would be disposed of by the District Magistrate, Banka in the light of the materials on record. Let it be, however, made clear that we have expressed no opinion on the merits of such claim of the petitioner and therefore the authorities including the District Magistrate will be at liberty to take a final decision strictly in accordance with law. With the aforementioned observations, this application is finally disposed of. (Dipak Misra,C.J.) (Mihir Kumar Jha,J.) Surendra/