VIJAY SINGH Vs. STATE OF JHARKHAND THROUGH THE SECRETARY, URBAN DEVELOPMENT DEPARTMENT, GOVT. OF JHARKHAND, RANCHI

JUDGEMENT

(1.) This writ petition has been filed by the Petitioner who is also one of the employees of Mineral Area Development Authority (MADA). Petitioner's contention is that the Respondent No. 6, Shailendra Kumar Singh should not have been given the post of SDO, Water Supply Department and Assistant Engineer, Town Planning Department, MADA as he was not eligible for such posts and that the Respondents should complete the enquiry which has been ordered by the Urban Development Department.

(2.) Mr. Abhay Prakash, learned Counsel appearing for the State-Respondents, while referring to the counter-affidavit filed on behalf of the Urban Development Department, submitted that though, Respondent No. 6 is working as Assistant Engineer, Jharia Water Supply, MADA, Dhanbad, but, he was / is not eligible to hold such posts and the higher pay scale given to him was contrary to the guidelines of the State Government and therefore, the Managing Director, MADA was directed to hold inquiry and submit a report to the Department, but the enquiry report was not found satisfactory and MADA is not replying to the questions raised in the letter dated 28.12.2010 and is not cooperating in the enquiry. He further submitted that further inquiry is needed regarding the allegations of committing financial irregularities by Respondent No. 6.

(3.) On the other hand, Mr. Aparesh Kumar Singh, learned Counsel appearing for the MADA, defended the action of the MADA and submitted that several public interest litigations / writ petitions were filed by other employees raising similar pleas which were not entertained by this Court and were accordingly dismissed. He further submitted that even then, MADA is agreeable to hold / cooperate in any inquiry into the allegations made by the Petitioner. He further submitted that till the conclusion of the inquiry, Respondent No. 6 will be reverted back to his substantive post of Mechanical Chargeman, Water Supply Division, Jharia which he was holding, though he was given additional charge / post of SDO, Water Supply Department and Assistant Engineer, Town Planning Department in view of administrative exigency and as per the decision of MADA.