THINGUJAM IBESANA DEVI Vs. STATE OF MANIPUR
LAWS(MANIP)-2019-12-11
HIGH COURT OF MANIPUR
Decided on December 16,2019

Thingujam Ibesana Devi Appellant
VERSUS
STATE OF MANIPUR Respondents

JUDGEMENT

RAMALINGAM SUDHAKAR,J. - (1.) Heard Mr. Th.Khagemba, learned counsel for the petitioner. Also heard Mr. Lenin Hijam, learned Addl.AG for all the respondents No.1 to 7 except respondent No.4. Notice to 4th respondent is not required in the present case due to the nature of the order to be passed.
(2.) The prayer in the present PIL is as follows:- "ii. Issue a writ in the nature of mandamus thereby directing the respondents to enquire/investigate into the misappropriation of public fund/money running into lakhs and crores of rupees by the erring Councillors /officials of Lamshang Nagar Panchayat which has been submitted in the audit reports of accounts of the Executive Officer, Lamshang Nagar Panchayat, Lamshang for the year 2015-2016, 2016-2017 and 2017-2018 and take appropriate measures for proper implementation of the said Govt. orders issued by Finance Department banning self-cheques /cash transactions in order to bring transparency and also to discourage corruption of public money. If needed the Lamshang Nagar Panchayat may be re-constituted since they have been indulging into corrupt practice/corruption of public money since the year 2016. "
(3.) The petitioner, in this case, pleads that the 4th respondent, Lamsang Nagar Panchayat, is executing various welfare measures and the officers of the Panchayat are indulging in corrupt practices thereby causing substantial loss of money that was allocated to the Lamsang Nagar Panchayat. The primary issue raised by the petitioner is that the Government of Manipur, Finance Department Order No. 9/2/2007-FR(Misc) issued four orders dated 13.03.2008, 03.5.2008, 14.5.2008 and 08.4.2009. The substance of these orders is that the Disbursing and Drawing Officer (DDO) of Nagar Panchayats should not indulge in drawal of cheques in favour of self, meaning thereby, they should not withdraw cash in the name of any individual but it should be transferred only through proper banking channels. In violation of the above guidelines issued by the Finance Department, it appears that the 4th respondent and the officers of the Lamsang Nagar Panchayat have indulged in cases of withdrawing money by using self cheques thereby causing huge loss to the Lamsang Nagar Panchayat. Allegation is that several lakhs or crores of money have been misappropriated by the Disbursing and Drawing Officer (DDO) and other officials of the Lamsang Nagar Panchayat.;


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