IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12357 of 2009 1. NAVIN YADAV S/O RAMAVTAR PRASAD YADAV, R/O MOHALLA-KRISHNAPURI, P.S.THAKURGANJ, DIST-KISHANGANJ. 2. KRISHNA KUMAR SINHA S/O SHRI PRABHAT KUMAR SINHA, R/O VILLAGE-TAIHABPUR, P.S.POTHIA, DIST- KISHANGANJ………..PETITIONERS. Versus 1. THE STATE OF BIHAR THRU THE CHIEF SECRETARY, GOVERNMENT OF BIHAR, PATNA. 2. THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPATT. GOVERNMENT OF BIHAR, PATNA. 3. THE COMMISSIONER, PURNEA DIVISION, PURNEA. 4. THE DISTRICT MAGISTRATE, KISHANGANJ. 5. THE REGIONAL DY. DIRECTOR OF EDUCATION, PURNEA. 6. THE SUPERINTENDENT OF POLICE, KISHANGANJ. 7. JAGAT PATI CHOUDHARY S/O MAN MOHAN CHOUDHARY, R/O VILL+ P.S. MAHISI, DIST-SAHARSA. 8. CHANDRANAND MANDAL S/O LATE BANGTU MANDAL, R/O VILL-PACHIRA, P.S.RANIGANJ, DIST- ARARIA. 9. THE DISTRICT EDUCATION OFFICER, KISHANGANJ……RESPONDENTS. --------- 05/ 12-Oct-2010 Heard learned counsel for the petitioners and learned counsel for the State. 2. Learned counsel for the petitioners submits that this public interest litigation has been preferred so that proper action may be initiated against the then District Education Officer, Kishanganj and any other person appearing to be involved in 2 misappropriation of about Rs.40 Lacs consisting of Rural Infrastructure Development Fund made available to the District Education Officer, Kishanganj in the year 2007-2008. 3. From the counter affidavit filed on behalf of Respondent No.2, the Principal Secretary, Human Resources Development Department, Government of Bihar, it appears that a police investigation into criminal case vide Kishanganj P.S. Case No. 165/2008 has exonerated the District Education Officer, Kishanganj and the disciplinary proceeding against the staff in the concerned office has been dropped by the concerned District Education Officer. 4. It appears that Regional Deputy Director of Education, Purnea has issued certain directions to the District Education Officer, Kishanganj and asked for his explanation as well as explanation of a clerk from the concerned office. From the reply of the District Education Officer it appears that he has blamed the dealing assistant of his office for fraudulent withdrawal of amount of Rs. 38,12,000/-. 5. From the materials it is clear that huge 3 amount of Government money has been defalcated and the State authorities are not pursuing either the criminal case or the departmental proceeding properly. Hence, the Principal Secretary, Human Resources Development Department, Respondent No.2 is directed to look into all the relevant matters and pass appropriate orders and directions so that the criminal case/civil case as well as departmental proceeding are pursued against the concerned persons with due diligence so that the money may be recovered without any delay and the guilty persons may be punished either in criminal proceeding or in departmental proceeding at an early date. 6. It is made clear that if the Principal Secretary finds that the investigation of the criminal case has not been done properly then he would be at liberty to request the Superintendent of Police, Kishanganj or the D.G.P. Bihar for reinvestigation of the case either by the District Police or by the C.I.D so that guilty persons may not escape on account of erroneous investigation. The Principal Secretary, Respondent No.2 should take the required decision and 4 issue direction at an early date preferably within two months from the date of production/communication of a copy of this order. 7. The writ petition is disposed of. 8. Let a copy of this order be handed over to G.P.17, Mr. Arbind Kumar No.1. perwez ( Shiva Kirti Singh, J.) (Hemant Kumar Srivastava, J.)