NIRANJAN PRASAD MANDAI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. M.S. Mittal, learned Senior counsel for the petitioner and Mr. Rajesh Shanker, learned Standing Counsel for the State.

(2.) The petitioner who is presently holding the post of Joint Commissioner, Commercial Taxes at Dumka, is aggrieved by initiation of the Departmental proceeding against him while he was holding the post of Deputy Commissioner, Commercial Taxes at Jamshedpur. The main ground for challenge is that prior to issuance of Chargesheet, no preliminary inquiry was held and no prior notice to show-cause was issued to him and further that the Charges against him are all wrong and baseless.

(3.) One M/s International Auto Ltd., Gamaharia filed a Writ petition W.P.(T) No. 4231 of 2005 before this Court against the respondents - State to refund the entire Sales Tax amounting to a sum of Rs. 35,97,399.48 Paise, which was wrongly realized by the Steel Authority of India Ltd., Bokaro in November, 2000. The said Writ Petition was heard and disposed of by a Division Bench of this Court by Order dated 16.02.2006, as contained in Annexure-1 to this Writ Petition. From perusal of the said order, it appears that the Division Bench of this Court directed to refund the aforesaid amount of Rs. 35,97,399.48 Paise, within one month with statutory interest as prescribed under the Bihar Finance Act.