IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5489 of 2010 ***** 1. SINHESHWAR MAHTO S/O LATE KAMLU MAHTO, R/O VILLAGE KHANPUR, P.S - KHANPUR, DISTRICT- SAMASTIPUR. …. …. Petitioner Versus 1. THE STATE OF BIHAR. 2. THE CHIEF SECRETARY, GOVERNMENT OF BIHAR, PATNA 3. THE JOINT SECRETARY, FOOD AND SEVERAL SUPPLIES DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 4. THE DIVISIONAL COMMISSIONER, DARBHANGA. 5. THE JOINT SECRETARY, DEPARTMENT OF VIGILANCE, GOVERNMENT OF BIHAR, PATNA 6. THE DEPUTY DIRECTOR, FOOD AND SEVERAL SUPPLIES DEPARTMENT, DARBHANGA. 7. THE DISTRICT MAGISTRATE, SAMASTIPUR. 8. THE SUB DIVISIONAL OFFICER, SAMASTIPUR. 9. THE BLOCK DEVELOPMENT OFFICER KHANPUR, SAMASTIPUR. …. …. Respondents ----------- For the Petitioner : Mr. Vikas Kumar, Advocate For the State : Mr. Prabhat Kumar Singh, Standing Counsel-XXI ------------ 2. 5.4.2010. Heard Mr. Vikas Kumar, learned counsel for the petitioner and Mr. Prabhat Kumar Singh, learned counsel for the State. In this public interest litigation the grievance is that immense irregularities are committed by the dealer of public distribution of Khanpur Northern Panchayat in the district of Samastipur. Be it noted, on the basis of the allegations made against the concerned dealer, the Sub- - 2 - Divisional Officer, Samastipur has been directed by the District Supply Officer to conduct an investigation. The said letter relates to Mithilesh Pathak against whom the grievances have been made. It is submitted by Mr. Vikas Kumar, learned counsel for the petitioner though the said letter has been issued on 15th October, 2009 by the competent authority to the Sub- Divisional Officer, Samastipur, the said authority has not yet conducted any enquiry nor taken any action. When there was a direction from the District Supply Officer to the Sub-Divisional Officer to conduct an enquiry and take appropriate action, it was obligatory on his part to do so. In view of the aforesaid, we direct the Sub- Divisional Officer, Samastipur to act promptly on the basis of the letter dated 15th October, 2009 inasmuch as power conferred on a statutory authority cannot be abdicated as that would tantamount to abdication of duty. When we say so it may not be understood that we have expressed any opinion on the merits of the allegations. The enquiry shall be finalized within a span of four weeks from the date of receipt of the order passed today. The District Magistrate, Samastipur shall - 3 - see to it that the same is finalized. With the aforesaid direction the writ petition stands disposed of. A free copy of the order be handed over to Mr. Prabhat Kumar Singh, learned counsel for the State to transmit the same to the District Magistrate, Samastipur as well as Sub- Divisional Officer, Samastipur to do the needful keeping in view the complaints made and the letter issued on 15th October, 2009. Pawan/- (Dipak Misra, CJ) (Mihir Kumar Jha, J)