JONAS DAHANGA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Reference is being made to the order dated 5.4.2006 passed in this case which reads as under:

(2.) Pursuant to the aforesaid order, a show cause has been filed by the District Education Officer, West Singhbhum, Chaibasa. Besides other facts, it is stated in the show cause that he has been duly authorized by the District Superintendent of Education, Chaibasa to file show cause after making payment as directed by the Court in its order dated 5.4.2006. Further, on the instruction of the Secretary of the Department, bank draft of Rs. 50000/- was issued being the cost awarded by this Court. It is further stated that the Secretary, Human Resources Department, Government of Jharkhand has given direction to the Director, Primary Education to initiate action against the erring officers for the laches in not making payment to the petitioner and the Director accordingly issued letter dated 15.4.2006 and the action has been taken. The letter dated 15.4.2006 has been annexed as Annexure-D to the show cause. From Annexure-D, it transpires that the Director, Primary Education sent a letter to the District Superintendent of Education, West Singhbhum, Chaibasa directing him to pay Rs. 50000/- to the petitioner from the fund already allotted and also to submit a report identifying the Officer against whom action could be taken. Prima facie, therefore it appears that the authorities of the Education Department took the order so lightly in as much as if they paid the compensation amount from the Government exchequer and just as an eyewash, issued the letter to the District Superintendent of Education to identify the officer. I am sorry to say that the Chief Secretary, who is head of the bureaucrats, has flouted the order of this Court inasmuch as the Chief Secretary was directed by this Court to initiate action against the erring officer on whose failures, the amount could not be paid to the petitioner. The Officer, on one hand, commits such an act of laches and negligence, and, on the other hand, they have no hesitation in paying the cost of compensation from the Government fund.

(3.) In the aforesaid premises, I direct the Chief Secretary to file affidavit as to state what action he has taken in compliance of the order quoted herein above.