Rajesh Kumar and others vs State of U.P. and others

Rajes Kumar, J.—By means of the present writ petition, the petitioners are challenging the order dated 14.7.2011, by which the financial liabilities have been fixed against the petitioners.

The contention of the petitioners is that without giving any opportunity and confronting the inquiry report the liability has been fixed.

Learned standing counsel submitted that let the District Magistrate be directed to look into the matter and pass the appropriate order after giving opportunity of hearing to the petitioners.

In view of the above, the writ petition is disposed of directing the petitioners to file the certified copy of this order within a period of one week before the District Magistrate. Banda and he is directed to pass the appropriate order within another period of two months strictly in accordance to law after giving opportunity of hearing to the petitioners and confronting the inquiry report. It is open to the District Magistrate, Banda to make further inquiry in the matter while deciding the issue.

For a period of ten weeks or till the final decision being taken by the District Magistrate, Banda, whichever is earlier, the recovery proceedings initiated against the petitioner shall remain stayed. The impugned order shall be subject to the final order, which will be passed by the District Magistrate. Banda.

It is informed that in the N.A.R.E.G.A. scheme large scale bungling is going on. The funds are being misappropriated with the collusion of all persons concerned. The payments are being made without execution of work. The name of forged persons are being shown in the muster roll and the funds are being misappropriated by the Gram Pradhan, Office bearers of Gram Panchayat and Block Development Officer.

The Court is informed that the Block Development Officer is the person, who is responsible to monitor the work relating to N.A.R.E.G.A. scheme as the money is being disbursed through him. Therefore, the District Magistrate. Banda is directed to ask the Block Development Officer to give the periodical report, atleast once in a month, about the progress of the work alongwith the photographs, the nature of the contract, the name of the persons shown in the muster roll and mode of payment. The District Magistrate, Banda is further directed to keep the full check over the Block Development Officer concerned in the execution of the work of N.A.R.E.G.A. scheme.

A copy of this order be provided to learned chief standing counsel for forwarding it to the Principal Secretary, Panchayat Raj, Government of U. P. to issue necessary directions to all District Magistrates and Block Development Officers to comply with above directions.