Liberty to the petitioner to approach the Court is dismissed: Rajasthan High Court
Case Title: Omprakash Kalwa versus State of Rajasthan & Ors.
Case No.: S.B. Civil Writ Petition No. 5413/2023
Decided on: 21/07/2023
Coram: HON’BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Facts of the case:
This writ petition was filed under Article 226 of the Constitution of India.
The petitioner was elected as Chairman of the Municipality, Suratgarh on 26.11.2019. The petitioner came to know that certain persons submitted various representations before the District Collector, Sriganganagar against the petitioner, for enquiry regarding the alleged irregularities and fraudulent payments of works relating to providing, laying, joining, testing and commissioning of the sewer system and other ancillary works.
The petitioner, on the previous occasion also, certain complaints with regard to the same issue though were submitted, but later on, the complaints were withdrawn.
During pendency of the enquiry, one Banwari Lal filed a complaint dated 09.01.2023, alleging that the report as submitted on 01.11.2022 was suffering from bias and based on wrong facts. The District Collector, on the basis of the same, proceeded to initiate an enquiry afresh.
the petitioner submitted that before the election of the petitioner as Chairman of the Municipality, few complaints were made regarding irregularities having been committed in the execution of the project of the municipality and that certain payments were sanctioned to be made in an illegal and unauthorized manner in relation to the project, wherein enquiries had already been conducted twice; the same happened prior to election of the petitioner as Chairman of the Municipality. Therefore, initiation of the enquiry yet again on the same issue is not justified in law.
The petitioner played no role in making illegal payments, he was being dragged by the respondents deliberately in the controversy in question; that apart, with an ulterior motive, complainant-Banwari Lal also lodged an FIR against the present petitioner, in connection with the same issue.
Judgement:
The Court does not find it a fit case so as to grant any relief to the petitioner in the present petition. Consequently, the present petition is dismissed with liberty to the petitioner to approach this Court again, in case occasion arises. All pending applications stand disposed of.
Analysis:
The Court has observed that the present case involves unauthorized disbursement of a huge amount out of the public exchequer. In the instant petition, the petitioner has challenged only initiation of the inquiry by the District Collector. This Court further observes that the entire inquiry in question has been concluded on 08.03.2023, and the said conclusion has not been challenged by the petitioner in this petition; in absence of such challenge to the conclusion of the enquiry, this Court is of the opinion that the present case does not require adjudication on merits.
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Written by: Mahima Saini