BINODA NAND CHOUDHARY Vs. STATE OF JHARKHAND THROUGH THE SECRETARY, HUMAN RESOURCE DEVELOPMENT DEPARTMENT, GOVERNMENT OF JHARKHAND, RANCHI

JUDGEMENT

(1.) Initially this writ application filed for quashing Annexure 5. However, Annexures-7 and 8 was also impugned by filing amendment application, which was allowed vide order dated 11.11.2011.

(2.) From perusal of Annexure-5, I find that the petitioner suspended in contemplation of departmental proceeding by the District Superintendent of Education, Dumka. It is not in dispute that the District Superintendent of Education, Dumka has power to suspend the petitioner in contemplation of departmental proceeding. Under the said circumstance, I am not inclined to interfere with the aforesaid order as contained in Annexure-5.

(3.) However, from perusal of Annexures-7 and 8, I find that the respondent (District Superintendent of Education) directed the petitioner to deposit Rs. 1,86,367/- as according to him petitioner has not utilized that money for construction of building. It is worth mentioning that in-charge No. 2, it was mentioned that the petitioner gave explanation that he completed the work of Rs. 4,13,350/- and had given a utilization certificate in the district office.