DILIP KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ petition has been filed for quashing a part of office Memo/Letter No. 2010 dated 6.12.2013 passed by the Block Development Officer, Prakhand Deshari, Vaishali, inter alia, directing for initiating certificate proceedings under Public Demand Recovery Act (for short 'Act ') for recovery of amounts said to have been defalcated by the petitioner being Ex-Jan Sewak-cum-Panchayat Secretary, Gram Panchayat Raj, Ufraul, Prakhand Deshari, Vaishali along with Ex-Mukhiya, Sri Nand Kishore Singh based on the inquiry report of a Three Men Committee headed by DCLR, Manhar and for connected reliefs. I. A. No. 9290. of 2014 has been filed for quashing Certificate Case No. 5/2013-2014, in so far as it relates to the petitioner for recovery of Rs.11,71,428.00 along with said Ex-Mukhiya, Sri Nand Kishore Singh and in pursuance of official notice dated 18.11.2014 in Certificate Case No. 22/2013-14.

(2.) Learned counsel for the petitioner submits that the proceedings for recovery of Rs.11,71,428.00 from the petitioner jointly along with Ex-Mukhiya, Sri Nand Kishore Singh is wholly illegal and without jurisdiction. It is further submitted that the petitioner was never noticed either during inquiry by the Three Men Committee or thereafter, before the amount was directed to be recovered through Certificate Proceedings and, as such, there has been a violation of natural justice. It is also submitted that in any event, there can be no joint recovery from the petitioner along with Ex-Mukhiya, Sri Nand Kishore Singh without ascertaining the amount recoverable from each person independently and without fixing individual liability in a duly constituted proceeding.

(3.) Learned counsel for the respondents appears and opposes the writ petition submitting that material irregularities have been committed in the matter of purchase of solar lights and admittedly, the purchases in question have been made in the instant case at the time when the petitioner was Jan Sewak-cum-Panchayat Secretary, Ufraul Gram Panchayat, Prakhand Deshari, District-Vaishali. The Three Men Committee has duly conducted the inquiry and found various irregularities enumerated in the inquiry report and has recommended for action to be taken according to law against the persons named therein including the petitioner.