MANOJ KUMAR RANJAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) The present writ petition has been filed seeking the following reliefs:

(3.) The brief facts necessary for disposal of the case are that the Executive Engineer, Building Division, Supaul entered into contract with Lalan Prasad, Contractor for construction of a 132-prisoner capacity barrack at Birpur, to be completed within 18 months. At that time, the Petitioner was posted as junior Engineer in Sec. attached to Sub division, Birpur in Building Division, Building Construction Department, Supaul and has done the measurements in measurement book. After the work was completed, the final payment was made on 30/3/2005. Later on, 5/8/2008, an FIR bearing Birpur P.S. Case No. 125 of 2008 was lodged against the Petitioner alleging excess measurement and consequent financial loss to the State. Thereafter on 17/5/2019, the Executive Engineer requested initiation of a certificate case against the Petitioner for recovery of 14,53,827. After receipt of the noticve under Sec. 7 of the Act, the objections under Sec. 9 of the Bihar and Orissa Public Demands Recovery Act, 1914 was filed by the petitioner, however they were rejected by the District Certificate Officer on 30/7/2021 (Certificate Case No. 406 of 2019). The appeal preferred against the said order (Appeal No. 01 of 2022) was also dismissed by the District Collector on 23/6/2023. Hence, the present writ petition.