Bikalanga Kalyan Kendra's Petition Partially Granted for Period 01.04.2014 to 30.11.2014; Civil Court Adjudication Suggested for Earlier Claims
The Gauhati High Court, presided by Justice Devashis Baruah, has issued a directive in response to a writ petition filed by Bikalanga Kalyan Kendra, seeking the release of funds under the Integrated Child Protection Scheme (ICPS). The petitioner claimed an amount of Rs. 42,29,100/- for the periods spanning from 01.07.2012 to 01.12.2014, but the court has provided distinct directives for separate time frames.
For the periods 01.07.2012 to 31.03.2013 and 01.04.2013 to 31.03.2014, the court has refrained from direct intervention, suggesting that disputes regarding entitlements for these periods should be resolved through a competent Civil Court. The petitioner has been advised to pursue their claims there, with the court allowing an exclusion of the period from 22.03.2016 until the judgment date from the limitation period for filing such a suit.
For the claim period 01.04.2014 to 30.11.2014, Justice Baruah has provided the petitioner the liberty to submit necessary documents as per the guidelines. The court instructed the respondent, the Union of India and others, to verify the submitted documents and release any admissible amounts within three months. The petitioner is required to submit a complete set of documents, including a certified copy of the judgment, to the respondent.
This decision comes after the court noted discrepancies in fund disbursement by the State Government, despite the Central Government's sanctioning of substantial amounts for the ICPS project. The court's directive aims to ensure that the sanctioned funds reach their intended purpose of child protection, contingent on the completion of document submission by the petitioner.
Bottom Line :
A writ petition seeking release of funds under the Integrated Child Protection Scheme (ICPS) - Court directed the petitioner to submit necessary documents for the claim period 01.04.2014 to 30.11.2014, and directed the respondents to verify and release admissible amounts within three months.
Statutory provision(s): Constitution of India, Article 226; Limitation Act, 1963
Bikalanga Kalyan Kendra v. Union of India, (Gauhati) : Law Finder Doc id # 2965782
