Patna High CourtCWJC/6771/2014disposed

Sri Surendra Prasad v. The State Of Bihar And ORS

2018-05-08Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6771 of 2014 =========================================================== Sri Surendra Prasad Son Of Late Ram Chandra Prasad Resident Of Mohalla - Nirala Colony, Digha, P.O. Digha, P.S. Digha, District - Patna At Present Posted As Junior Engineer Tubwell Division, Jehanabad And Deputed As Junior Engineer, District Board, Jehanabad .... .... Petitioner

Versus

1. The State Of Bihar

2. The Secretary, Manrega, Bihar, Patna

3. District Magistrate, Jehanabad

4. Deputy Development Commissioner Cum Chief Executive Officer, District Board, Jehanabad

5. District Engineer, District Board, Jehanabad

6. Assistant Engineer, District Board, Jehanabad .... .... Respondents =========================================================== Appearance :

For the Petitioner : Mr. Rajiv Ranjan For the Respondents : Mr. GP20- NADEEM SERAJ =========================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL JUDGMENT Date: 08-05-2018 Heard learned counsel for the petitioner and learned counsel for the State.

2. The petitioner is aggrieved by the order dated 13.1.2014 bearing Letter no. 3 issued by the District Engineer of District Board, Jehanabad. Learned counsel for the petitioner denies and disputes the liability of Rs.12,01,029/- which is sought to be recovered from the petitioner along with three others. The petitioner submits that he has no dues in respect of the demand raised under impugned order dated 13.1.2014.

3. Since, the issue is only in respect of accounting, as the petitioner's case is that much of the funds which are alleged to be pending against the petitioner have been utilized and as such,

Patna High Court CWJC No.6771 of 2014 dt.08-05-2018 there is no dues against the department.

4. In view of such stand taken by the petitioner, the issue appears to be only one of settlement of the accounts. Let the petitioner approach the District Engineer, District Board, Jehanabad (respondent no. 5) by filing a detailed representation showing the amount which he alleges to be utilized out of advance of Rs.1,20,109. If such representation is filed by the petitioner within four weeks, respondent no.5 would be obliged to consider the same with reference to the records available in the office and to pass appropriate order thereupon.

5. The entire exercise may be taken without having regard to the order dated 13.1.2014, impugned in the writ petition. If such representation is filed, respondent no.5 would be obliged to take a final decision with respect to petitioner's claim within eight weeks thereafter.

6. The writ petition stands disposed of.

(Madhuresh Prasad, J) Shashi.

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