- (1.) The question of embezzlement of public money by the Pradhan has been surfaced before this Court by way of this public interest litigation. An order to that extent, which has given some sort of relaxation out of law, has been made by the then District Magistrate, Kushinagar Mr. S.V.S. Rangarao. Naturally, the Court was displeased and by order dated 27th April, 2010 called upon said gentleman i.e., District Magistrate to be personally present before this Court with explanation. Today, he is personally present and filed an affidavit saying that the order, which was passed by him, has been withdrawn and the matter has been referred to the Committee for due consideration. We are thankful to Mr. T.P. Singh, learned Senior Counsel appearing for the petitioners, for bringing such type of facts to the notice of this Court and also thankful to Mr. M.C. Chaturvedi, learned Chief Standing Counsel and Mr. M.S. Pipersenia, learned Standing Counsel, who have understood the consequence and wanted to rectify the cause of conduct and it has been stated by the person concerned present before this Court that he will not do this type of mistake in future and he will not be involved to give such type of relaxation any more in future. He has given an undertaking to this effect. Mr. S.V.S. Rangarao, the then District Magistrate, Kushinagar is exonerated and released from any personal appearance any further. His personal presence is dispensed with.
(2.) Upon recording all this, the writ petition in the form of public interest litigation is disposed of without imposing any cost. If such type of incidents have taken place, the petitioner will not be debarred to proceed on the basis of fresh cause of action, if any.
(3.) It is submitted by Mr. Singh, learned Senior Counsel appearing for the petitioners that there should not be any financial or administrative power to this Pradhan, to which the learned Chief Standing Counsel has contended that both the powers have been withdrawn from the concerned Pradhan and that will continue till the final enquiry takes place and report is placed before the District Magistrate. So far as the enquiry, if any, against the Pradhan is concerned, passing of this order will not dis-entitle the Pradhan to get an opportunity to inspect the documents or upon being called to supply the same and take her defence before the appropriate individual or authority.;