PARAS KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) With consent of the parties, hearing of the matter was done through video conferencing and there was no complaint whatsoever regarding audio and visual quality.

(2.) Both these appeals are directed against the part of common order dated 19.12.2017 passed by the learned Single Judge of this Court in W.P.(S) No. 6314 of 2016 and W.P.(S) No. 4056 of 2016 whereby and whereunder the learned Single Judge has declined to interfere with the ex-parte enquiry report dated 02.09.2016 prepared and submitted under the joint signatures of Respondent Nos. 6 to 8 (in W.P.(S) No.6314 of 2016) so far as it relates to petitioners with respect to the construction of the road work in 2007 from "Kankhapra to Satpahari" in the District of Deoghar, whereby after more than 8-9 years of execution of the said Road work on mechanical and physical verification of the same, loss amount of Rs.8,23,728/- has been sought to be saddled on the concerned Executive Engineer, Assistant Engineer, Contractor including the petitioners, who were posted as the Junior Engineers and have contributed to the work as such, while posted in R.E.O., Division, Deoghar.

(3.) The brief facts which are necessary to be enumerated read hereunder as :- Both the writ petitioners, appellants herein, were working in the Rural Engineering Organization by way of deputation and on bifurcation of the State, they finally have been allocated their cadre for the State of Jharkhand. While the writ petitioners/appellants were discharging their duties under the Rural Engineering Organization, a preliminary enquiry has been initiated being P.E. No. 03/09 by the Anti Corruption Bureau for conducting an enquiry against the alleged irregularity in the matter of construction of one of the roads in the district of Deoghar during the period from June, 2007 to February, 2009. The aforesaid preliminary enquiry has been concluded by submission of report on 02.09.2016 finding complicity of the writ petitioners/appellants in the matter of construction of the roads. The writ petitioners, being aggrieved with the finding recorded in the preliminary enquiry dated 02.09.2016, had approached to this Court by filing writ petitions being W.P.(S) No.6314 of 2016 and W.P.(S) No. 4056 of 2016.