RAM SAWARI Vs. STATE OF U P

JUDGEMENT

(1.) Petitioner, Smt. Ram Sawari, widow of late D.N. Singh, has approached this Court for issuing a writ in the nature of certiorari for quashing the recovery proceeding initiated by Executive Engineer, Provincial Division, P.W.D. Mahoba against her husband late D.N. Singh and his heirs and legal representatives for recovery of Rs.11,96,314/- in pursuance of Office Memo/Order dated 16.12.2004 issued by Superintending Engineer, Banda Circle, P.W. D. Banda.

(2.) Brief background of the case, as disclosed in the writ petition, is that husband of petitioner had been performing and discharging duties as Junior Engineer in Provincial Works Department (PWD), Mahoba since 03.03.1973. He was transferred from Civil Provincial Division, Mahoba to Temporary Division, Etawah and the relieving order was passed by Executive Engineer, PWD on 21.07.2000. Subsequent to the same, said transfer order was modified on 17.08.2000, and instead of Etawah, late D.N. Singh was transferred to Construction Division, Fatehpur, and on 28.08.2000 fresh relieving order was passed by Executive Engineer and late D.N. Singh was asked to hand over his entire charge to Sri Umesh Narain Tripathi, Junior Engineer. On 15.09.2000, report was submitted by AE (Pancham) that charge had not been handed over by late D.N. Singh. On 19.09.2000 Executive Engineer, PWD, Banda, constituted a committee comprising Sri Saurabh Bairathi and Sri R.A. Dohre directing them to assume charge from late D.N. Singh and submit report within three days. On 24.10.2000, late D.N. Singh informed A.E. (Pancham) that he was depositing charge memo along with RMR concerning his old section and further requested that directives be issued to concerned Junior Engineer, Sri A.K. Jain, to receive charge from him, so that necessary verification of the material on spot may be done easily, and handing over of the charge may also be completed easily. On 11.10.2000 letter was issued from the office of the AE (Pancham) informing that assumption of charge proceedings would take place on 31.10.2000 in presence of the Officers nominated earlier. On 31.10.2000 Sri A.R. Dohre was not present on account of illness and late D.N. Singh submitted charge memo through his letter dated 24.10.2000 in the office on 30.10.2000, and the same was sent to Sri A.K. Jain, Junior Engineer, for verification, and late D.N. Singh was asked to get physical verification done. Late D.N. Singh on the same day informed the A.E. (Pancham) that Sri A.K. Jain had refused to accept the charge and it was further mentioned by late D.N. Singh that when he himself was willing to hand over charge, then what was the need and necessity for assumption of charge. Request was further made to send some other J.E. to receive charge in case sri A.K. Jain was not in a position to take over charge. On 18.11.2000, A.E. (Pancham) wrote letter to late D.N. Singh that he was not cooperating in the matter and further it was also mentioned that Sri A.K. Jain, J.E. had reported that there was difference between RMR attached to the charge memo and stock on the spot and he would be responsible for the difference, if the quantity of the material shown in the RMR and the charge memo on one hand and the stock of material available on spot. On 22.11.2000 charge memo was handed over and same was received by Sri A.K. Jain, J.E. On 25.11.2000. Similarly, charge was handed over by late D.N. Singh to Sri U.N. Tripathi, J.E. And to Sri Jagat Pal Verma, J.E. on 25.11.2000. On 08.12.2000, late D.N. Singh submitted RMR in the office of the AE (Pancham) and the same was received in his office on 15.12.2000. It has been contended that late D.N. Singh intimated the Executive Engineer, P.W.D. Mahoba that the charge in respect (1) JM to Richhara Marg, (2) Kashipur -Tyagi Marg, (3) Harpalpur Naugaon to Saura Marg, (4) Jhansi-Mirzapur to Baghrauni Marg and (5) Harpalpur Naugaon to Manki Marg had been handed over to Sri A.K. Jain, J.E. but in respect of Dhasan Mukhya Nahar Marg and JM to Basariya charge was not being taken by Sri A.K. Jain, rather an insistence was made to hand over charge after completion of work, and same was not possible, as late D.N. Singh had already been transferred, and moreover, materials from those sites were being removed without taking over charge. Accordingly, late D.N. Singh had requested to nominate another J.E. to take over charge. Thereafter, on 22.01.2001 in respect of (1) Kashipur -Teiya Marg (2) Dhasan Mukhya Nahar Marg (3) Jhansi-Mirzapur Marg to Basariya Marg (4) Mahoba- Ghutai Marg, orders were passed by A.E. (Pancham) to hand over charge to Sri A.K. Jain, J.E. and 07.02.2001 was the date fixed for assumption of the charge. Thereafter, on 02.02.2001 letter was issued from the office of the Executive Engineer, PWD Mahoba to late D.N. Singh to deposit the measurement book Nos.329 (L), 330 (L), 335 (L) and 336 (L) and by letter dated 03.02.2001, late D. N. Sing was directed to be present on 07.02.2001 at the time of assumption of charge. Late D.N. Singh came out with case that said letter was received by him on 07.02.2001 itself, as such he could present himself before assumption committee. Thereafter on 28.08.2001, Executive Engineer, Provincial Division, PWD, Mahoba, issued a reminder letter to late D.N. Singh to deposit the measurement books as aforesaid.

(3.) Thereafter, on 08.12.2001, late D.N. Singh informed that the letters sent to him were received by him on 07.02.2007 in the evening at 4 O'clock, as such he could not be present before the assumption committee. Copies in respect of 4 roads had already been supplied and he was still ready to hand over the charge in respect of all the four roads, although naming of AE and JE in the assumption committee was against the rules; and all the measurement books were already deposited in the office of A.E. (Pancham). Late D.N. Singh requested to fix other date.