VINAY SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State. The petitioner while holding the post of Executive Engineer in current charge was placed under suspension on 17.3.2006. A memo of four charges followed thereafter on 20.4.2006. The allegation was that notwithstanding the orders of this Court in C.W.J.C. No. 15455/04 preferred by the contractor M/s Shambhawi Constructions for payment of its contractual dues in respect of works done in the years 2002-2003 the petitioner unnecessarily delayed the same leading to contempt proceedings notwithstanding departmental directions to make the payment. The petitioner filed his reply to the same in detail which was not accepted. He then filed C.W.J.C. No. 4140/06.

(2.) A Bench of this Court on 21.7.2006 at paragraph-8 arrived at the conclusion that none of the concerned functionaries passed appropriate orders on the representation of M/s Shambhawi Constructions directing the petitioner to make payment. The Chief Engineer directed the petitioner to make the payment, but simultaneously forwarded the matter to the Government for further approval which never came. The Court therefore held that in absence of procedural approval for payment by the departmental functionaries, the resolution of the State Government initiating departmental proceedings and the memo of charges for failure to comply departmental instructions in making payments was wholly misconceived and it was quashed. The judgment attained finality and was not questioned by the respondents.

(3.) In C.W.J.C. No. 15455/04 this Court gave no positive directions for payment, but only observed to consider and dispose off the representation of the contractor and pay the admitted dues.