Satish Narain Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12777 of 2017 ====================================================== Satish Narain Singh Son of late Surendra Narayan Singh resident of Mohalla Mitra Mandal Colony, Chandel House, Saket Bihar, Anisabad, Police Station Phulwarisharif, District Patna. ... ... Petitioner/s

Versus

1.

The State Of Bihar through its Principal Secretary to the Government of Bihar, Public Health Engineering Department, Visheshwaraiya Bhawan, Bailey Road, Patna 2.

The Engineer-in-Chief-Cum-Special Secretary, Public Health Engineering Department, Vishweshwaraiya Bhawan, Bailey road, Patna 3.

The Chief Engineer, Mechanical, Public Health Engineering Department, Visheshwaraiya Bhawan, Bailey road, Patna 4.

The Executive Engineer, Public Health Division, Hilsa. 5.

The Accountant General, Veerchand Patel Marg, Patna.-1. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Lalan Kumar Singh For the Respondent/s :

Mr. A. Ujjwal - Sc4 : Mr. U.P. Singh For A/G : Mr. Binod Kr. Labh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-07-2019 The learned counsel for the petitioner submits that the petitioner stood retired in the year 2008 and thereafter, an allegation was levelled that on the date of retirement, he did not hand over the charge of the articles pertaining to the period of posting in the year 2000 as Junior Engineer, Department of Public Health Division, Hilsa. It is further submitted that though initially, the respondents had assessed the value of the articles, charge whereof had not been given by the petitioner to the respondent- authorities, to the tune of Rs. 46 lacs approximately but when the petitioner had served legal notice on the

Patna High Court CWJC No.12777 of 2017(4) dt.17-07-2019 2/2 respondents, the said figure came down to Rs. 2.96 lacs approximately. It is the contention of the petitioner that even a sum of Rs. 2.96 lacs approximately is not recoverable from the petitioner since the material in question is lying in the stores of the respondents. It is further submitted that in case, an inquiry is conducted in presence of the petitioner, the petitioner would try to satisfy the authorities that there is no need of making any recovery.

Having regard to the facts and circumstances of the case, the present writ petition stands disposed off with a direction to the respondent no. 4 to hold a fresh inspection of the materials in question in presence of the petitioner herein and make a fresh assessment for the purpose of ascertaining as to whether the entire materials, as claimed by the petitioner are lying in the office of the respondents or have been swindled by the petitioner.

Till the submission of the final report by the respondent no. 4, no recovery shall be made from the petitioner herein.

(Mohit Kumar Shah, J) rinkee/- U