AMANULLAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition on behalf of sole petitioner is directed against the order of the District Magistrate, Muzaffarpur dated 3-4-2003 by which a departmental proceeding has been initiated against him and he has been repatriated to his parent organisation, namely, Bihar Finished Leathers Limited. It may straightaway be stated that validity of the departmental proceeding is not under challenge in this writ petition, the petitioner is only aggrieved by the repatriation part of the order.

(2.) The case of the petitioner is that he was appointed as Accounts Assistant in the Bihar Finished Leathers Limited, a Government company incorporated under the Companies Act, in 1979. In 1990 the financial-condition of the company deteriorated so much so that it was not in a position to even pay salary to its employees. Like this company, many Boards and Corporations of the State too had become sick. The State Government came out with a scheme for rehabilitation of the employees of such Boards, Corporations and Companies vide letter No. 128 dated 1-3-1996 of the Finance Department. At the first instance they were deputed as Accounts Clerk in different District Treasuries/Sub-Treasuries after observing a selection procedure. Such deputation was to continue till regular appointment on the post or their absorption in the cadre of treasury employees. The case of the petitioner is that in the aftermath of the fodder scam in the State of Bihar, vacancies occurred on the post of Accounts Clerk in different Treasuries/Sub-Treasuries in the State and therefore, while the employees of the concerned Boards/Corporations had to be rehabilitated, the Government too needed employees to man those posts. The deputation of the employees was thus to serve dual purpose. In the light of above said letter of the Finance Department dated 1-3-1996, the Directorate of Treasuries issued letter No. 305 dated 6-6-1996 for deputation of the suitable employees of the Boards and Corporations on the vacant posts in the Treasuries. Accordingly, on 14-3-1997 a list of employees of 16 Boards and Corporations including Bihar Finished Leathers Limited found suitable was finalised by the Directorate of Treasuries and sent to the Department for their deputation in different Treasuries. The petitioner was one of them. He was the solitary employee of the Bihar Finished Leathers Ltd. found suitable. He was deputed to Muzaffarpur Treasury by the said letter dated 14-3-1997. The further case of the petitioner is that Treasury Officer, Muzaffarpur allotted work of different treasury heads amongst Accounts Clerks as per duty charge and the petitioner discharged his functions as per the roster honestly, sincerely and to the satisfaction of superior officers. In the year 2001 four fraudulent withdrawals against fake bills amounting to Rs. 10,34,368/- appertaining to Primary Health Centre, Daudpur Paroo, took place. An enquiry was held by Deputy Development Commissioner. The petitioner was asked to explain certain acts of omission and commission relating to the said withdrawals. He submitted explanation. However, without considering the same, the impugned order was issued initiating departmental proceeding against him and repatriating him to his parent organisation i.e. Bihar Finished Leathers Ltd.

(3.) On behalf of the respondents counter-affidavit affirmed by Treasury Officer, Muzaffarpur has been filed wherein it has been stated that the petitioner was found prima facie involved in the fraudulent withdrawals of money and accordingly departmental proceeding was initiated against him on 3-4-2003 followed by charge memo on 31-5-2003. As already indicated above, validity of the disciplinary proceeding is not under challenge and therefore, it is futile to refer to facts relating to the fraudulent withdrawals.