UPENDRA PRASAD SINGH Vs. STATE OF JHARKHAND
LAWS(JHAR)-2014-2-25
HIGH COURT OF JHARKHAND
Decided on February 26,2014

UPENDRA PRASAD SINGH Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

- (1.) THIS PIL is filed for investigation of the alleged misappropriation of public funds allotted since 2008 to 2011 for construction of INDRA AWAS at Rajdhanwar (Dhanwar) Block, District ­ Giridhi through CBI.
(2.) THE petitioner claims to be the convener of MANREGA Advising Committee, District ­ Giridih. It is the case of the petitioner that the beneficiaries of INDRA AWAS at Rajdhanwar (Dhanwar) Block complained to him that they were not provided house under INDRA AWAS Yojona, although some funds have been released in their names. In this regard, the petitioner is said to have made representation to the Deputy Commissioner, Giridih, through letter dated 31.8.2011 alleging that according to the plan, no house has been constructed although funds have been released in their names. The petitioner again wrote a letter to the Deputy Commissioner, Giridih, on 28.9.2011 alleging that the funds have been embezzled and people are being managed. Some of the residents, namely, Meimun Khatoon, Rubi Khatoon, Aaisha Khatoon, Rafidan Khatoon, all residents of Sapamaran, P.S. Dhanwar, sworn affidavits on 20.8.2011 stating that they have no knowledge of any construction of house in their names. The case of the petitioner is that in three financial years since 2008 -09, 2009 -10 and 2010 -11, total 2700 INDRA AWAS were to be constructed, but the same were not constructed even though money has been withdrawn. One FIR being Dhanwar P.S Case No. 121/2011 dated 26.7.2011 under Section 406, 419, 420, 467, 471, 120(B) IPC was lodged but no proper investigation has been done. The petitioner was on hunger strike and he was informed that the Deputy Commissioner, Giridih, vide letter no.1749 dated 14.10.2011, has written a letter to the Principal Secretary, Rural Development Department, for proper action. Inspite of the same, no action was taken. Hence, referring to a news item published in the Prabhat Khabar and other newspapers dated 8/10.12.2011 reporting that Rs.2.69 Crores have been illegally withdrawn, the petitioner filed the PIL for investigation of misappropriation of public fund allotted since 2008 to 2011 for construction of INDRA AWAS at Rajdhanwar (Dhanwar) Block, District ­ Giridhi.
(3.) WE have heard Mr.P.C.Sinha, learned counsel for the petitioner and Mr.Rajesh Shankar, learned counsel appearing for the respondents.;


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