Deenbandhu Choudhary And Anr vs State Of Bihar And Ors

Petitioner has prayed for the following relief(s):

“1(i) The respondent no.4 or any other authority/agency may kindly be directed to make enquiry with regard to the functioning of Nagar

Panchayat, Rivilganj for the year 2018-19 and 2019-20 toward the sanitation work done through an independent agency namely CBS Facilities

Management Pvt. Ltd. Coupled with other matters so required.

(ii) The same respondent/ Agency may kindly be directed to also enquire the involvement/selection of respondent no.9 for the work in question upon

making huge relaxation towards the terms and conditions so made during the E-tendering as mandatory one.

(iii) The answering respondents may kindly be directed to also make enquiry towards syphoning of public money made through the respondents no.9

as prior to 2018-19 the same set of work has been done on 5-6 times lower prices properly.

(iv) The answering respondent may kindly be directed to take required punitive/corrective major in view of the outcome so made available upon the

enquiry report so prayed inter-alia.

(v) The answering respondent further may kindly be directed to enquire the matter with regard to the deduction/deposition made towards the

Employees Provident Fund by the respondent no.9 or other officials owing to the workers/employees so engaged in the meantime.

(vi) The respondent no.4 or any other independent Authority or Agency may kindly be directed to enquire, as to how the entire work in question has

been taken by only one worker/employee (showing list of 21-26 employees belongs to different places) and no photography etc. have been done as

per the requirement of the agreement involved inter-alia.

(vii) The answering respondent also may kindly be directed to examine that under what condition as per the respondent no.9 shown Rs. 4 crore shown

in its Audit Report whereas the income tax so paid found nil apart from the other aspects.

(viii) Any other relief or reliefs also may kindly be allowed for which the petitioners be found entitle in the opinion of this Hon’ble Court.â€​

After the matter was heard for some time, learned counsel for the petitioners submits that petitioners shall be content if a direction is issued to the

concerned respondent(s) to consider and decide the representation which the petitioners shall be filing for redressal of the grievance(s).

Learned counsel for the respondents states that if such a representation is filed by the petitioners within a period of four weeks, the authority

concerned shall consider and dispose it of expeditiously and preferably within a period of eight weeks from the date of its filing along with a copy of

this order.

Equally, liberty is reserved to the petitioners to take recourse to such alternative remedies as are otherwise available in accordance with law.

We are hopeful that as and when petitioners take recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same

shall be dealt with, in accordance with law and with reasonable dispatch.

Needless to add, while considering such representation, principles of natural justice shall be followed and due opportunity of hearing afforded to the

parties.

Liberty reserved to the petitioners to approach the Court, if the need so rises subsequently on the same and subsequent cause of action.

We have not expressed any opinion on merits. All issues are left open.

The proceedings, during the time of current Pandemic- Covid-19 shall be conducted through digital mode, unless the parties otherwise mutually agree

to meet in person i.e. physical mode.

The petition stands disposed of in the aforesaid terms.

Interlocutory Application(s), if any, also stands disposed of.