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Allahabad High Court summons DM, DPRO and Assistant Development officer of Mirzapur

The Allahabad High Court has summoned the DM, DPRO of Mirzapur and Assistant Development Officer, Chhanvey, Vindhyachal on a petition filed regarding irregularities in the construction of toilets in Mirzapur district under Swachh Bharat Mission.

A Single Bench of Justice Manju Rani Chauhan passed this order while hearing an application Under Section 482 filed by Smt Urmila Devi.

In this case, on 25.01.2023, a coordinate Bench of the Court had directed the District Magistrate, Mirzapur’ and Zila Panchayat Raj Officer, Mirzapur to hold an on spot inquiry and give a detailed report regarding the alleged construction of toilets.

In compliance of the aforesaid directions, a short counter affidavit has been filed annexing the inquiry report dated 15.02.2023 as conducted and submitted under the signatures of Arvind Kumar, District Panchayat Raj Officer, Mirzapur.

The Court observed that,

Perusal of the record shows that a first information report for non- construction of toilet was lodged on 18.01.2021, whereas an affidavit has been given by the complainant on 21.01.2021 stating therein that the construction work of toilet has been carried out.

The inquiry conducted by the DPRO is also based on an affidavit given by beneficiary which is just after two days from the date of lodging FIR.

Chronology of the events i.e lodging of FIR, affidavit moved by the complainant and the report submitted by DPRO, trio, and the gap amongst them evince suspicious and influenced exercise appears to have been undertaken by the district level officers for the sake of compliance of the directions of the Court.

The Court said that,

To meet the basic needs of marginal sections of society, the Government has introduced numerous welfare schemes with a prospective vision. Schemes relating to constructions of toilets at the cost of State Exchequer is one of them, which vividly reflects the sincere and sensitive approach of the dispensation, however, undesired complications spawned at the end of officers responsible to implement the same at grassroots and reach it up to the actual beneficiary cock a snook at the very purpose of schemes and raze the firmness of the Government, which are introduced in the interest of poor and needy depriving of basic amenities like toilets in their homes due to financial constraints.

Situation necessitates discussion regarding steps undertaken to prevent open defecation by introducing construction of sanitary toilets which is not as simple as appears rather it was an enormous effort, and it could be possible with the support of all concerned including State instrumentalities and general public at large.

Initiatives to put focus to achieve universal sanitation by the top brass are remarkable and the effects of pragmatic efforts under Swachh Bharat Mission are being experienced by the public at large, thus, officers at District level are expected to conform to the spirit of the welfare schemes.

However, repudiation of benefits to eligibles hits the basic object of the scheme. As the case is a glaring instance thereof.

“In the interest of justice, to divulge the reality, in the case, behind the report of the DPRO, it is becomes necessary to call upon District Magistrate, Mirzapur; District Panchayat Raj Officer, Mirzapur and Assistant Development Officer, Chhanvey, Vindhyachal, Mirzapur. They shall remain present along with the record, on the next date, to assist the Court”, the order reads.

The Court has fixed the next hearing of the petition on 15th May, 2023.

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