Animesh Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19952 of 2016 ======================================================

1. Animesh Kumar, Son of Sri Bharat Bhushan Kumar, Resident of Village & Post- Jadopur, P.S.- Harsidhi, District- East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Old Secretariat, Patna- 800001.

2.

The Principal Secretary, General Administration Department, Government of Bihar, at Old Secretariate, P.S.- Sachivalaya, Patna, Bihar.

3. The Principal Secretary, Department of Transport, Government of Bihar, at Vikas Bhavan, Bailey Road, P.S.- Sachivalaya, Patna, Bihar.

4. The District Collector cum District Magistrate District- Kaimur (Bhabhua) Bihar.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amalendu Shekhar Thakur For the Respondent/s : Mr. Sheoshankar Prasad-Sc8 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 07-09-2017 Heard learned counsel for the petitioner and learned counsel for the State.

In the present case, charge-sheet has been issued against the petitioner but petitioner submits that after his explanation no further action has been taken. The petitioner is originally an Officer of General Administrative Department. The petitioner was sent on deputation to the Transport Department. In the criminal case allegation has been made of recovery of huge amount which the petitioner has denied submitting that he has wrongly been framed in the present case and every thing will become clear, if the

Patna High Court CWJC No.19952 of 2016 (3) dt.07-09-2017 audit of account is done which has not been done since long, he has repeatedly requested for audit of the books of account of Transport Department at Bhabhua but authority has turned deaf ear. Petitioner has been repatriated to his parent department. He cannot poised himself in the Transport Department when Transport Department does not intend to keep him in the department on account of allegation of corruption.

This Court does not want to enter into the merit. However, the Transport Department must examine the prayer of the petitioner for auditing of Books of Account. The audit of Books of Account must be done as per requirement. Whenever petitioner is required in audit, he will be called upon and will extend co-operation. Accordingly this writ petition is dismissed.

(Shivaji Pandey, J) Vinay/- U