1 / 5 2025:CGHC:38155 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4821 of 2020 Dr. Ramadhar Prasad Pandey S/o Late Shri Kalika Prasad Pandey Aged About 65 Years Occupation Assistant Professor (Ex-In-Charge Principal) D. P. Vipra College Old High Court Road District Bilaspur Chhattisgarh ... Petitioner versus 1- State Of Chhattisgarh Through Secretary, Department Of Higher Education, Mahanadi Bhawan, Mantralaya, Atal Nagar, District Raipur Chhattisgarh 2 - The Commissioner Department Of Higher Education, Indrawati Bhawan, Mantralaya, Atal Nagar District Raipur Chhattisgarh 3 - The Chairman Governing Body Of Snatak Mahavidyalay Shikshan Samity Through The Secretary, D. P. Vipra College, Old High Court Road, District Bilaspur Chhattisgarh 4 - The Chairman Governing Body Of D. P. Vipra College Bilaspur Through The Secretary, D. P. Vipra College, Old High Court Road, District Bilaspur Chhattisgarh 5 - The Principal D. P. Vipra College, Old High Court Road, District Bilaspur Chhattisgarh 6 - Deputy Director Local Fund Audit, Composite Building District Bilaspur Chhattisgarh ... Respondents For Petitioner : Mr. Palash Tiwari, Advocate For Respondent no. 1,2 & 6 : Mr. Ajit Singh, Government Advocate appears along with Mr. T.S. Sahu, Advocate ALFIZA BAIG Digitally signed by ALFIZA BAIG 2 / 5 For Respondent no. 3,4 &5 : Ms. Anuja Sharma, Advocate Hon'ble Shri Justice Parth Prateem Sahu ORDER ON BOARD 01/08/2025 1. Petitioner has filed this writ petition seeking following reliefs. “10.1 That, this Hon’ble Court may kindly be pleased to call for the entire records pertaining to the case of petitioner. 10.2 That, this Hon’ble Court may kindly be pleased to direct the respondent authorities, particularly the respondent no. 3 to 5 to submit the compliance report before the respondent no. 6 within stipulated period. 10.3 That this Hon’ble Court may kindly be pleased to direct the respondent authorities, particularly the respondent no. 1 and 2 to take appropriate action against the respondent no. 3 to 5 for delaying in submitting the audit compliance report before the respondent no. 6. 10.4 That, this Hon’ble Court may kindly be pleased to grant any other relief, as it may deem fit. 10.5 Cost of the petition may also be given.” 2. Learned counsel for petitioner submits that the petitioner is not challenging any specific order, but questioning the lethargic and sluggish approach of respondent no. 3 to 5 in not submitting the compliance report before the office of respondent no. 6 for redressal of the audit objection raised in the year of 2016 related to the expenditures made out of society fund with joint signature of the administrator and petitioner. All of these expenses are already been audited by the Chartered Accountant appointed by the 3 / 5 society. After representing these facts, the office of respondent no. 6 issued multiple memos for submitting compliance report of the audit objection to respondent no.5 but the said respondent did not pay any attention in this regard and kept the matter pending without any rhymes and reasons. 3. He submits that not only, that the respondent no. 2 has also issued several memo and reminders towards the respondent no. 5 to submit the compliance report before the office of respondent no. 6 in order to conclude the audit objections, as raised way back in the year 2016. But the respondent no. 3 to 5 turned down the directions of the superior authorities in deaf ears and deliberately withholds the process of compliance report of the audit objection. He further submits that Section 10(1)(b) of Local Fund Audit Act, 1973 provides as under:- “The Principal Officer of the local authority shall after the local authority has considered the matter in the special meeting called under sub section (1) take necessary action to rectify the defects or irregularities and within four months of the receipt of the report.” 4. Learned counsel for respondents no. 3, 4 and 5 would submit that pursuant to some observations made during pendency of writ petition arising out of a writ appeal bearing no. 40/2021, the compliance report to the audit objection was placed before this Court. She further submits she is having instructions that respondent no. 4 and 5 would forward the compliance report with respect to the subject matter of Clause No. 7 and 10 of the Audit objection dated 24.05.2016 raised by the Deputy Director Local 4 / 5 Fund Audit, Bilaspur. However, she submits that some breathing time may be granted to Respondent no. 3 to 5 to forward the compliance report with respect to Clause no. 7 and 10 as mentioned above. She prays for four weeks time. 5. At this stage, learned counsel for the petitioner raised serious objection with respect to submission made by the learned counsel for respondent no. 3, 4 and 5 that the compliance report is produced before the Division Bench of this Court in WPS No. 40/2021. 6. Upon asking to the learned counsel for respondent no. 3,4 and 5, as to whether the said submission is mentioned in the order sheets of writ appeal, she fairly submitted that as per information, such observation is not part of order-sheet. She however, submits that the compliance report was made available by the respondent no. 4 and 5 in presence of the OIC appointed by the respondent-College. She submitted that OIC of the case appointed by the College was present along with the compliance report on the date of hearing. 7. Be that as it may, this Court is not entering into the factual dispute with regard to the production of compliance report before the Writ Appellate Court. 8. Considering submission made by learned counsel for respondent- College at Bar that she has instruction to make submission that the compliance report on the audit objection will be forwarded to the office of the Deputy Director, Local Funds Audit, Bilaspur within a further period of four weeks and also taking note of fact that petitioner stood retire from service much earlier, this writ petition is disposed of with direction to respondent No.3, 4 and 5, on the 5 / 5 submission of counsel for respondent concerned, to comply with the letter dated 24.9.2023 and forward the compliance report, if not for all, to the extent of Clause No.7 and 10 of letter dated 24.5.2016 expeditiously, preferably within outer limit of four weeks. Certified copy as per rules. sd/- (Parth Prateem Sahu) Judge alfiza