IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3678 of 2009 Pravin Kumar Jha son of Upendra Prasad Jha, resident of village- Baja, Police Station- Amarpur, District- Banka, Ex-Contestant of Banka Partliamentary Seat. … Petitioner Versus 1. The State Of Bihar through its Secretary Department of Rural Engineering Organization, Bihar Patna. 2. The Commissioner, Bhagalpur Division, Bhagalpur. 3. The District Magistrate, Banka. 4. The Deputy Commissioner, Banka. 5. The Executive Engineer, Department of Rural Road Construction, Banka, District- Banka. 6. Block Development Officer, Shambhuganj, P. S. – Shambhuganj, District- Banka. 7. Block Development Officer, Amarpur, P. S.- Amarpur, District- Banka. 8. The Junior Engineer, Department of Rural Road Construction, Banka, District- Banka. … Respondents. ----------- For the petitioners : Mr. Pankaj Kumar Shrivastava, Adv. : Mr. Kamal Kishore Ojha, Adv. For the State : Mr. Anup Kumar Chongdar, Adv. AC to AAG-2 -------- 6. 10.03.2010 Heard learned counsel for the parties. The sole writ petitioner professing to act pro bono publico has moved this Court for a direction commanding the respondents to act in accordance with law as with regard to fulfilment and completion of several schemes of the State Government for the development and upliftment of rural people of Amarpur assembly constituency which have been undertaken on the recommendation of the concerned M.L.A. and also take 2 necessary coercive measures against the officials found responsible for embezzlement/defalcation of the funds of the government spent in execution of such schemes in between years 2000 to 2005. This Court in its earlier interim order dated 30.7.2009 having examined the aforementioned high sounding and lofty far reaching prayer of the petitioner had recorded that only one issue as with regard to alleged embezzlement/defalcation of a sum of Rs. 25 lacs approximately in the name of construction of a bridge on river Gahira near Chatura in Shambhuganj Block of District Banka was worth consideration and had accordingly directed the District Magistrate, Banka to get an enquiry conducted by a responsible officer and submit a report to this Court. Counsel for the State in compliance of the aforesaid order of this Court has filed an exhaustive counter-affidavit which would go to show that the Collector of Banka district had got an enquiry conducted through Deputy Development Commissioner, Banka who in his well considered enquiry report while examining the individual allegations raised by the petitioner had found 3 that there was not an iota of truth in the allegation made by him either with regard to non-completion of bridge or defalcation of money in construction of assigned project. Such enquiry report running into 94 pages along with documents including the measurement book in question by itself lends support to the stand of the respondents that there was no irregularity much less embezzlement and/or defalcation of funds of the State government spent in execution and completion of the bridge in question. Learned counsel for the petitioner, however, is not satisfied with such report of the Collector of Banka district and has submitted that a fresh enquiry should be held under the orders of this Court. While the matter was being debated learned counsel for the petitioner and the State however have fairly accepted that the issue in question can be looked into by the Lokayukta Bihar who under the Bihar Lokayukta Act, 1976 has been vested with sufficient powers to hold an enquiry and recommend action against the guilty persons, if there be a prima facie case for the same. This Court, therefore, without expressing any opinion on the merit of such allegation and the resultant 4 submissions of learned counsel for the petitioner would only give liberty to the petitioner to move before Lokayukta Bihar by filing a complaint in terms of Bihar Lokayukta Act, 1976 and in case he does so, it is expected that appropriate action would be taken by the Lokayukta, Bihar in accordance with law. With the aforementioned observations, this writ application is disposed of. kanchan (Dipak Misra, CJ.) (Mihir Kumar Jha, J.)