MAHENDRA KUMAR MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Learned Senior Counsel for the petitioner submits that in the facts of the present case, no certificate proceeding may be initiated against the petitioner. It is stated that the petitioner while posted as Labour Enforcement Officer at Shambhuganj in Banka District was Incharge of Procurement Center. Apart from the petitioner, two others were also deputed there and in two godowns the paddy were stored.

(2.) It is the case of the petitioner that vide Order No. 44 Dated 30.06.2012 a general transfer order was issued in which the petitioner was transferred from Shambhuganj, Banka to Munger Sadar. The petitioner was, however, asked to continue at Banka itself. Ultimately, after much persuasion from the different level, the petitioner was relieved on 16.06.2013. He jointed at Munger on 18.06.2013.

(3.) Some facts have been brought in the writ application stating that the handing over the charge had not taken place and even though the petitioner made several attempts to hand over the charge and for this purpose he was again sent on deputation in Banka District, the charge could not be handed over. It is his case that after two and half years vide letter dated 26.09.2016 the petitioner was informed that the paddy of 2012-13 procurement year was on auction sale in which after lifting, it was found that the quantity was short by 1370.41 quintals, therefore, the petitioner was called upon to show cause as to why action be not taken against him.