RAM NATH SAH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN W.P.(S) No. 4098 of 2003, this Court vide judgment dated 07.10.2004 (Annexure 5 to the writ petition) had directed the Secretary, Department of Water Resources, Government of Jharkhand, Ranchi, to pass a final order within a period of six weeks from the date of receipt of a copy of that order which should be accompanied by a fresh representation. Till the Secretary passes an order, there would be no further deductions from the salary of the petitioner, pursuant to the order dated 30.04.2003 passed by Executive Engineer, impugned in the W.P.(S) No. 4098 of 2003. After considering the entire material, impugned order dated 01.06.2005 was passed. Feeling aggrieved, petitioner once again approached this Court.

(2.) PERUSAL of the impugned order would reveal that before passing the impugned order, explanation was called from the petitioner. Petitioner has submitted his explanation on 28.02.2005.

(3.) THIS Court, while exercising jurisdiction under Article 226 of the Constitution of India, ordinarily, shall not enter into the complicated question of facts and calculation. On perusal of the record, it reveals that petitioner has received an advance of Rs. 1,79,717.90, while work done by the petitioner was found to be Rs. 1,34,917.20. Consequently, amount of Rs. 44,802.70 was found outstanding towards the petitioner. Thereafter, petitioner was directed to deposit the excess amount. In the peculiar facts and circumstances of the present case that respondents have not taken any disciplinary proceeding against the petitioner, which in normal course, would have resulted in major penalty for embezzlement of Government funds, I do not find any justification to interfere in the impugned order of recovery of excess amount. The present petition is dismissed.