Full Judgment
W.P.No.13540/2012 (Subhash Patel versus State of MP and otheRs.03.09.2012 Heard Shri Rajmani Singroul, learned counsel for the petitioner on the question of admission and interim relief.
The petitioner has filed this petition alleging that the respondent No.6 is not submitting the report in respect of several incidents of misappropriation of funds by respondent Nos.7 and 8 in the construction undertaken by them inspite of the fact that the respondent No.3, the Chief Executive Officer, is repeatedly directing him to do so.
The petitioner has filed a letter dated 15.02.2012 issued by the Project Officer, Janpad Panchayat, Jabalpur to the respondent No.6 asking him to submit a report to demonstrate the fact that inspite of the lapse of about seven months, the respondent No.6 is not submitting a report in order to protect the respondents No.7 and 8.
In the circumstances, the petitioner prays for direction to the respondents/authorities to take action against the respondents No.7 and 8 expeditiously, in accordance with law.
As the misappropriation of funds relates to implementation of scheme of the Central and State Government which is under the control and supervision of the respondent No.2, the Collector, Jabalpur, therefore, looking to the allegations made by the petitioner, the petition filed by the petitioner is disposed of with a direction to the effect that in case the petitioner approaches the Collector, Jabalpur within 15 days along with a copy of the order passed today and a copy of the petition, the authority concerned shall take up the matter and deal with the same expeditiously, in accordance with law after hearing all concerned and by passing a reasoned order.
However, it is made clear that this court has not expressed any opinion on the merits of the case and therefore the authority would be at liberty to examine the matter keeping all facts and facets into consideration and thereafter either accept or reject the application filed by the petitioner.
With the aforesaid observation, the petition filed by the petitioners stands disposed of.
C.C as per rules.
( R.S.JHA ) JUDGE msp