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SCA/7493/2009 2/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 7493 of 2009
===========================================
SHANKARBHAI
KEVALDAS PATEL - Petitioner(s)
Versus
STATE
OF GUJARAT & 3 - Respondent(s)
===========================================
Appearance :
MR
MEHUL H RATHOD for
Petitioner(s) : 1,
MR M.R.MENGDEY, ASST. GOVERNMENT PLEADER for
Respondent(s) : 1,
NOTICE NOT RECD BACK for Respondent(s) : 1 -
3.
MR VIJAY H NANGESH for Respondent(s) :
4,
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CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 24/02/2010
ORAL
ORDER
1. By
way of this petition under Article 226 of the Constitution of India
the petitioner has prayed for an appropriate Writ, direction and/or
order directing respondent Nos.1 to 3 authorities to initiate
action against responsible Office bearers and officers of respondent
no.4 who have indulged into misappropriating the funds and to file
criminal complaint against such wrong doers.
2. In
response to the notice issued by this Court, learned AGP has appeared
on behalf of respondent no.1 and MR.Nangesh, learned Advocate has
appeared on behalf of respondent no.4.
3. An
affidavit-in-reply is filed on behalf of respondent no.2 Director
of Municipalities herself. It is submitted in the affidavit-in-reply
that the Collector, Banaskantha on 29.08.2009 had submitted the
report as regards irregularities pertaining urban development fund
which revolving fund in Dhanera Municipality and as per report of the
Collector, Banaskantha the Gujarat Municipal Finance Board had
approved 11 public works amounting to Rs.1,12,50,985/- vide order
dated 24.01.2009 the Gujarat Municipal Finance Board had sanctioned a
loan of Rs.83,85,492/- to the Dhanera Municipality and the amount of
Rs.41,92,746/- was paid to the Dhanera Municipality towards 1st
installment of the said loan. However, due to non availability of the
grant, the said amount was paid to the Dhanera Municipality out of
revolving fund of the Municipal Board vide communication dated
09.09.2004 had instructed the Collector to inquire about the work of
District Urban Development Authority and the report was submitted to
the Collector. The Collector in turn had submitted his report to the
Gujarat Municipal Finance Board on 31.02.2005 as per the said report
some irregularities were detected in 2 public works. It is submitted
that Collector, Banaskantha vide order dated 03.08.2009 had directed
the Deputy Collector, Deesa to carry out the necessary inquiry and
Deputy Collector pursuant to the said direction carried out the
necessary inquiry and submitted his report to the Collector,
Banaskantha on 29.08.2009 and the Collector in turn forwarded the
said report to respondent no.2 Director of Municipalities.
Further according to respondent no.2 since certain clarifications
were necessary on various aspect, the officers of the answering
respondent vide communication dated 03.09.2009 had sought for such a
necessary clarification from the office of the Collector, Banaskantha
and thereafter, reminders were send. Subsequently, now respondent
no.2 have received report dated 19.02.2010 from the Collector,
Banaskantha and such report is under active consideration of the
office of respondent no.2 and since certain clarification are still
required from the office of the Collector, Banaskantha, still some
time is required to initiate action either under section 37 or
section 70 of the Gujarat Municipalities Act. Therefore, it is
submitted on behalf of respondent no.2 that appropriate action under
section 37 or section 70 of the Gujarat Municipalities Act inclusive
of filing criminal complaint shall be initiated at the earliest.
4. Having
heard learned Advocates appearing on behalf of the respective parties
and considering facts and circumstances of the case and
affidavit-in-reply, it is very unfortunate that even after period of
4 to 5 years of detecting irregularities no action has been taken by
the appropriate authority inclusive of respondent no.2. If
allegations made in the petition and complaint are found to be true
then they are very serious in nature.
5. Under
the circumstances and considering affidavit-in-reply, respondent no.2
is directed to instate appropriate proceedings / action under section
37 or section 70 of the Gujarat Municipalities Act in accordance with
law and on merits within a period of 4(four) weeks from today and
appropriate authority may also consider filing of criminal complaint
for misappropriation of funds, if any, in accordance with law and on
merits. Respondent no.2 to conclude proceedings at the earliest but
not later than 3(three) months from the date of commencement of such
proceedings. Any lapse on the part of the respondents and /or
appropriate authorities shall be viewed very seriously.
6. With
these, present Special Civil Application is disposed of. Direct
service is permitted.
[M.R.Shah,J.]
satish
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