CWP/2074/2023 on 31 December 2024

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Civil Writ Petition No.2074 of 2023 Date of Decision: 31.12.2024 ______________________________________________________________ Krishi Vikas Sangh Kotkhai

……...Petitioner Versus State of Himachal Pradesh and Others …....Respondents

Coram

Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? For the Petitioner: Mr. Surinder Saklani, Advocate. For the Respondents: Mr. Rajan Kahol and Mr. B.C. Verma, Additional Advocates General, with Mr. Ravi Chauhan, Deputy Advocate General, for State. Mr. Karun Negi, Advocate, for respondent No.4. ______________________________________________________________ Sandeep Sharma, J. (Oral) Careful perusal of communication dated 18th August, 2024 (Annexure R-I) annexed with CMP No.6259 of 2024, clearly reveals that Jal Shakti Vibhag had given information in advance to Mr. Mohinder Singh, resident of village and Gram Panchayat Grawag, Tehsil Kotkhai, District Shimla, Himachal Pradesh, with regard to visit of inquiry committee on 16th August, 2022, to ascertain the correctness of allegations levelled by petitioner- Society with regard to misappropriation of funds, allotted for construction of irrigation scheme from Girtu Nallah to Gram Panchayat Garawag and Darkoti.

2. Since it came to be vehemently argued on behalf of the petitioner-Society that at the time of conducting inquiry, no opportunity of being heard was afforded to the complainant as well as the petitioner-Society, this Court specifically called upon respondents-State to place on record

communication, if any, suggestive of the fact that prior to visit of the inquiry committee to the site concerned, communication, if any, was ever sent to the complainant.

3. As has been taken note hereinabove, vide communication dated 18th August, 2022, Superintending Engineer, P&I-II, Jal Shakti Bhawan, Tutikandi, Shimla, had specifically apprised person namely Mohinder Singh- complainant/ex-President of the Society, at the relevant time, with regard to visit of the inquiry committee. If it is so, this Court is not persuaded to agree with Mr. Surinder Saklani, learned counsel representing the petitioner that above named person was not associated at the time of the inquiry. Though, Mr. Saklani, learned counsel representing the petitioner attempted to argue that bare perusal of communication dated 18th August, 2022, nowhere suggests that copy of afore letter was ever served upon Mr. Mohinder Singh, Ex-President of the Society, but once factum with regard to issuance of aforesaid letter stands recorded in the inquiry report, this Court does not find merit in the afore claim of the petitioner.

4. In inquiry report, it has been categorically observed that vide written communication, Mr. Mohinder Singh, ex-President of the Society was informed with regard to visit of the inquiry committee and apart from written communication, he was also apprised telephonically by Ms. Sarita, an official of the Jal Shakti Vibhag. Since it stands duly established on record that respondent-Jal Shakti Vibhag, taking note of complaint made by Mr. Mohinder Singh, ex-President of the petitioner-Society, initiated inquiry and at the time of

inquiry, due opportunity was afforded to the complainant to come present, which he failed to avail, this Court sees no reason to doubt the correctness of the inquiry report.

5. Consequently, in view of the above, this Court finds no merit in the present petition and accordingly, the same is dismissed. Pending applications, if any, also stand disposed of. December 31, 2024 (Sandeep Sharma), Rajeev Raturi

Judge