DDCs Must Personally Adjudicate Liability and Issue Reasoned Orders Before Coercive Recovery of Public Funds

The four petitioners, residents of Bhojpur district, filed a writ petition seeking to quash notices (Letter No. 768 dated 20.04.2023) issued by the Block Development Officer, Tarari

They further requested the court to direct the respondents to produce the Justice Uday Sinha Enquiry Commission report related to the Rural Development Department

During the proceedings, counsel for both parties noted that the matter is no longer res integra (unsettled) as it is covered by a prior Division Bench judgment

1. Whether the notices issued by the Block Development Officer against the petitioners should be quashed or subjected to administrative review in light of previous judicial precedents

The Court applied the principles established by the Division Bench of the Patna High Court in Pramod Baitha Vs. Devanti Devi (C.W.J.C. No. 20474 of 2021)

The principle mandates that in disputes involving administrative recovery or liability where the Commission of Inquiry did not examine specific facts, the Deputy Development Commissioner (DDC) must conduct a personal hearing to fix responsibility

The Court observed that the legal question presented is identical to the one adjudicated in the Pramod Baitha case

Following that precedent, the Court reasoned that since the petitioners' specific facts were not examined by the three-member commission of inquiry, the appropriate remedy is an administrative adjudication by the district authorities

The Court emphasized that the DDCs must act dispassionately, hear the petitioners or their representatives, and determine if the petitioners are at fault before enforcing any recovery of funds

The petitioners are directed to approach their respective Deputy Development Commissioners (DDCs) within two weeks; the DDC must then pass a reasoned order within ten weeks after a personal hearing

The Court held that if the petitioners are found not at fault, no liability shall arise; however, if found liable, they must return the quantified amount

Crucially, the Court ordered that no coercive steps shall be taken against the petitioners until the final order is passed