Arun Kumar Thakur v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9519 of 2013 ====================================================== Arun Kumar Thakur S/O Late Biswamohan Thakur R/O Villge- Majhaura, P.S. & P.O.- Bahera, District- Darbhanga, At Present Posted As Junior Engineer, Water Resources Department, Jasidih Camp At Deoghar (Jharkhand) ... ... Petitioner/s

Versus

1. The State Of Bihar Through The Principal Secretary Water Resources Department, Sinchai Bhawan, Secretariat, Patna

2. The Engineer-In-Chief Water Resources Department, Govt. Of Bihar, Patna

3. The Chief Engineer Water Resources Department (Bagmati Division), Muzaffarpur

4. The Superintending Engineer, Water Resources Department (Bagmati Division No. 1), Sitamarhi.

5. The Executive Engineer, Bagmati Division No. 1 (Water Resources Department Sitamarhi)

6. The Assistant Engineer, Bagmati Division No. 1 Riga Dist. Sitamarhi. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Jha, Advocate For the Respondent/s :

Mr. Birju Prasad, Gp 13 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date : 01-11-2018 Heard counsel for the petitioner and the respondent State. The writ petition has been filed seeking a direction to the respondent no. 5 Executive Engineer, Division no. 1 to adjust the bills and vouchers submitted by the petitioner in the year 1991. At the relevant time petitioner was posted as a Junior Engineer. It is submitted that bills were submitted after proper approval and as such the respondents may be directed to adjust the same.

Counter affidavit has been filed wherein the respondents have taken a stand that the bills were submitted in respect of works for which there was no proper order departmentally.

Patna High Court CWJC No.9519 of 2013 dt.01-11-2018 2/2 Various irregularities have been alleged in the counter affidavit regarding veracity of the various vouchers submitted. Specific plea has been raised that no comparative value in the measurement book has been shown. No proper deduction of various government taxes has been made on passed vouchers and that payments of labour has been done on hand receipts to contractors of labours which is untenable. Various other irregularities have also been alleged in the counter affidavit and it is the case of the respondents that the bills and vouchers are not worthy of consideration for being adjusted. Such plea in the counter affidavit has not been denied or disputed by filing any rejoinder.

In view of the aforesaid situation, since the bills and vouchers have found to be not in accordance with law, no direction can be issued in favour of the petitioner as prayed in the writ petition.

The writ petition is devoid of merit and the same is dismissed.

(Madhuresh Prasad, J) Prakash/- AFR/NAFR CAV DATE Uploading Date Transmission Date