Allahabad HC dismisses PIL Alleging Embezzlement in Toilets, Burial Site Construction

The Allahabad High Court recently dismissed a Public Interest Litigation (PIL) seeking action against state officials for alleged embezzlement of money allocated for construction of toilets and a burial site in a village panchayat in Amethi district.

The court dismissed the plea while observing that the petitioner failed to submit his own bona fide credentials behind the petition.

THE PIL

The petition was filed by one Satyendra Kumar Pathak, alleging that in village panchayat Gartholiya in Gauriganj, the officials concerned had misappropriated and embezzled Rs 24 lakh allocated for the construction work.

Referring to three inquiry reports from 2017 and 2020, the petitioner alleged that only 381 toilets were constructed though 464 toilets were sanctioned during the financial year of 2012-2013.

Through the PIL, he sought a fair enquiry in respect of the embezzlement and action against the erring persons along with recovery of the embezzled amount from their salary in accordance with law.

THE OBJECTIONS

However, the state as well as the other respondents raised a preliminary objection against the maintainability of the PIL, alleging that although the petition was ostensibly filed in public interest, the petitioner had not made due disclosure as required by sub-rule (3A) of Rule 1 of Chapter XXII of the Allahabad High Court Rules, 1952.

In response to the objection, the counsel for the petitioner had argued that the petitioner was actually a district co-minister of Bhartiya Kishan Sang, Uttar Pradesh, and was associated with matters related to civil rights, therefore, he had rightly raised the grievances concerned by filing public interest litigation.

‘PIL CAN’t BE FOR PERSONAL GAIN’

However, the division bench of Justice Ramesh Sinha and Justice Manish Kumar stressed that although the high court must encourage genuine and bona fide PIL, it is also its duty to discourage and curb a PIL filed for extraneous considerations.

The court emphasized the need to discourage a PIL filed with oblique motives and observed that it is well settled that courts should ensure that a PIL is aimed to redress genuine public harm.

It said that the court is also duty-bound to ensure that the PIL has not been filed for personal gain or with private motive.

Accordingly, the court dismissed the PIL with liberty to the petitioner to approach the appropriate forum for redress of his grievance, if any.

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