LAWS(JHAR)-2012-10-77

HIRALAL DAS Vs. STATE OF JHARKHAND

Decided On October 04, 2012
HIRALAL DAS Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) By the instant interlocutory application, the petitioner has sought for quashing of the order of dismissal dated 14.3.1996 contained at Annexure-2 to the writ petition and also for quashing of the order dated 15.09.1999 contained at Annexure-4 to the writ petition by which the appeal of the petitioner against the order of his dismissal has also been dismissed on the grounds that both the orders have been passed by the same authority i.e. the State Government at the highest level and communicated through the Deputy Secretary, Water Resources Department, Government of erstwhile Bihar. The petitioner seeks to impugn the aforesaid impugned orders by way of amendment in the present writ application.

(2.) This writ petition has been preferred initially for payment of pensionary benefits to the petitioner. However, by way of subsequent amendment, the orders dated 14.03.1996 and 15.09.1999 issued by the Deputy Secretary, Water Resources Department, Government of erstwhile Bihar contained at Annexures-2 & 4 to the writ application, have been challenged.

(3.) The case of the petitioner is that he was initially appointed in the year 1976 on the post of storekeeper in the Irrigation Division, Sikatia, Deoghar under Water Resources Department, Government of Bihar. A criminal case vide Sarath (Chitra) P.S. Case No. 08 of 1985 was lodged on 30 th January 1985 against one Ravi Pada Manjhi, Junior Engineer, Shyam Sundar Bhalotia, Carriage Contractor and the petitioner on the written complaint of the Executive Engineer, Irrigation Division, Sikatia on the allegation of shortage of 53.549 MT of Iron Rods while in transportation from Irrigation Division, Jamui to Sikatia Division in the year 1977-78 and 1978-79 by which it was alleged that a loss of Rs. 2,89,159.28 have been caused to the State Exchequer.