RAMCHANDRA MAHTO Vs. STATE OF JHARKHAND AND ANR.

JUDGEMENT

(1.) PURSUANT to the order passed by this Court on 17.1.2013, the Chief Executive Officer, Dhanbad Municipal Corporation, Dhanbad, is personally present in the Court. On his behalf, a supplementary show -cause has been filed, wherein it has been stated that the amount, which was payable to the petitioner towards Provident Fund, has already been paid, and that the petitioner is entitled to the amount to be paid towards Leave Encashment for a period of 170 days as there has been no order sanctioning leave with respect to 124 days. By drawing attention to the relevant entries made in the service book it was pointed out that entries are there for sanctioning leave for 294 days but certain entries made therein sanctioning leave for 124 days is not having signature of any sanctioning Authority and, thereby there appears to be difficulty on the part of the Chief Executive Officer to make payment of the amount of the Leave Encashment for 124 days. In this regard, submission was made that there may be chances of endorsement being put in the service book fraudulently.

(2.) ON perusal of the service book, suspicion about the entry being fraudulent and forged, appears to be without any substance. Entries granting sanction of leave is there in the service book but simply those entries are not under the signature of any Sanctioning Authority, the plea is being taken that the leave has not been sanctioned for 124 days. Whatever entries are there in the service book in this respect, they are in the manner, which cannot be suspected to be forged in absence of any allegation that those entries have never been recorded by the Sanctioning Authority.

(3.) AT the same time, the petitioner be paid the arrears of the amount if admissible to the petitioner on account of 6th Pay revision.