SHEIKH ALAM Vs. UNION OF INDIA

JUDGEMENT

(1.) VIDE Order dated 3 1st March, 2004, Accountant General was directed to inform the Court, whether the amount of Rs. 5,28,000/ -, said to be paid by the State of Bihar to the State of Jharkhand, was deposited in the account of Government of Jharkhand.

(2.) ACCOUNTANT General has filed a detailed affidavit stating therein that no amount has been deposited in the account of State of Jharkhand. It is also revealed from the affidavit of the Accountant General that the Central Government had approved on expenditure of Rs. 1,21,15.200/ - in principal, in favour of the combined State of Bihar for incurring expenditure under the scheme for Madarsas of unified State of Bihar. However, due to lack of fund, only a sum of Rs. 47.44,551/ - was sanctioned during the year 1999 -2000. as grants -in -aid. It is further revealed that alter reorganisation of State of Bihar and creation of State of Jharkhand. the Government of Bihar surrendered a sum of Rs. 5,27,947/ - out of the said sanctioned amount of Rs. 47,44,551 / - from the budgetary head of the then Slate of Bihar, as per allocation, and communicated the Accountant General (A&E). Jharkhand, Ranchi. vide letter dated 31st March, 2002. However, this surrender was without actual refund of the money to the concerned Ministry of Government of India or actual deposit of the money with the State of Jharkhand directly by the State of Bihar by adjustment through Reserve Bank Deposit of the respective States.

(3.) IN view of the categorical stand of the Accountant General, it appears that allocated amount of the disposal of unified State of Bihar to meet expenditure under the scheme has not been utilized for the purpose. As a result, petitioners have not been paid their salary. This Court has already observed seriousness of the matter and in view of the affidavit of the Accountant General, it becomes more serious.