RAMESH SINGH YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE Petitioner has approached this Court for quashing Memo Nos. 267, 268, 270, 271 and 272 all dated 2.4.2003 issued under the signature of the Executive Engineer Rural Employment Programme. Bhojpur at Ara as contained in Annexure-1 series by which he has been directed to deposit a sum of Rs. 5,07 (sic) in that office and also for quashing the subsequent letters issued under Annexure-2 series, Annesure-3 series and Annexure-4 series which are in the same terms.

(2.) THE petitioner was an Assistant Engineer, National Rural Employment Programme, Bhojpur at Ara and during the financial year 2000-2001 and 2001-2002 he was made incharge of certain Schemes under the M.P. Local Area Development sanctioned by the District Magistrate, Bhojpur at Ara. On the completion of some of the schemes it was found that excess payment has been made by the petitioner whereas the full amount of work has not been done. It appears that the notices were issued to the petitioner to be present during the inspection and enquiry and according to the petitioner he was associated in the enquiry of only three out of the six schemes. However, subsequently by the impugned order he has been straight away directed to make payments of the aforesaid amount failing which criminal case has been threatened to be instituted against him and action for realisation of the said amount through Public Demand Recovery proceedings are to be taken.