Sheo Pujan Sahu v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1108 of 2015 ====================================================== Sheo Pujan Sahu Son of Late Pokhar Chand Sahu, Resident of Budha Colony, Post Office- G.P.O., Police Station-Budha Colony, District-Patna .... Petitioner

Versus

1. The State Of Bihar

2. The Commissioner-cum-Secretary,Road Construction Department,Govt. of Bihar,Patna.

3. The Secretary,Welfare Department,Govt.of Bihar,Patna.

4. The Joint Secretary,Road Construction Department Govt. of Bihar, Patna.

5. The Administrator -cum- Managing Director, Bihar State Schedule Caste cooperative Development Corporation, Malyanil Bhawan, Budha Colony, Patna

6. The Secretary, Bihar State Schedule Caste co-operative Development corporation, 3rd Floor, Officers Flat, Patna.

7. The then Executive Engineer, posted at South Bihar Division Ranchi, Bihar State Schedule Caste co-operative Development Corporation, South Bihar through the Administrator General cum Managing Director, Bihar State Schedule Caste co-operative Development Co-operation, Malyanil Bhwan, Budha Colony, Patna 1.

8. The then Junior Engineer Posted at Sub-Division office, Ranchi, Bihar State Schedule caste co-operative development Corporation through the Administrative cum Managing Director, Bihar State Schedule Caste Cooperative Development Corporation ,Ltd.

9. The then Junior Engineer, sub division office, Hazaribagh, Bihar State Schedule Caste Co-operative development Corporation ltd. through the Administrator-cum-Managing Director, Bihar State Schedule Caste Cooperative Corporation Limited ... Respondents ====================================================== Appearance :

For the Petitioner :

Mr.Indu Bhushan, Advocate Mr. Sunil Kumar, Advocate For the State :

Mr. Rajeev Shekhar, AC to GA 13 for the Corporation : Mr. R.S. Pradhan, Senior Advocate Mr. Ramesh Kumar & Jainendra Kumar, Advocates ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 15-01-2019 Learned counsel for the petitioner seeks permission to correct the description of respondent no.6 as regards address of office is concerned.

Let the same be done during course of the day. It is submitted by learned counsel for the petitioner

Patna High Court CWJC No.1108 of 2015(7) dt.15-01-2019 2/3 that the demand of Rs.1,68,920/- from the petitioner under letter dated 22.8.2014 is unsustainable. He submits that in respect of alleged loss on account of non-furnishing of utilization report of 1095 bags of cement is unsustainable as he is in possession of the entire details in respect of alleged loss. He submits that if he is given opportunity to clarify the issue with respondent no.6 the accounts would be reconciled.

Mr. Pradhan, learned Senior counsel appearing for the Corporation, on the other hand, submits that since 1999 Corporation authorities have been requesting the petitioner to facilitate reconciliation of the accounts and since he is not doing the same he cannot escape his liability.

Learned counsel for the petitioner submits that if the petitioner is given one opportunity then he would appear before respondent no.6 on 15th February, 2019 along with all the details in support of his claim so that the accounts can be reconciled. In view of such submission, the writ petition is disposed of.

Petitioner would be at liberty to appear before respondent no.6 as per undertaking on 15th February, 2019 and try to persuade him in support of his claim for reconciliation of the alleged loss. This liberty is being granted by way of last

Patna High Court CWJC No.1108 of 2015(7) dt.15-01-2019 3/3 indulgence to the petitioner in view of the fact that the matter is lingering since such a long period. The petitioner would be obliged to appear before respondent no.6 without failure on 15th Febryary, 2019.

Learned Senior counsel for the Corporation submits that in case the petitioner appears respondent no.6 would consider his representation/Accounts in support of reconciliation and would pass reasoned and speaking order within a period of two weeks thereafter.

(Madhuresh Prasad, J) Shashi U