KRIPA SINDHU MAHAKUD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) On account of being Secretary of a Building Construction Committee, petitioner who was also a teacher of Middle School, Nandpur, Manoharpur, was made responsible for execution of construction of Block Resource Centre for an estimated amount of Rs. 9,66,272/ -. For non -execution of the work, his salary was stopped by letter no. 349 dated 17.02.2005. It was resumed on petitioner's request by letter no. 784 dated 28.03.2005, but the work of construction could not be completed. The Block Education Extension Officer, Manoharpur (North) communicated the said state of facts by letter no. 97 dated 02.09.2005. Again his salary was stopped by Memo No. 2872 dated 09.09.2005 and a show -cause was issued upon him. The Block Education Extension Officer, Manoharpur again reported through Memo No. 119 dated 28.10.2005 that the construction work of the building in question is incomplete. A joint report was prepared after site inspection by the petitioner along with the Assistant Engineer, Jharkhand Education Project containing the details of execution of work and left over work. Upon that report, it transpired that the work of Rs. 1,55,699/ - had remained unexecuted, though the entire amount was disbursed.

(3.) Petitioner being aggrieved by the stoppage of his salary, had approached this Court in WPS No. 3755/2006. The District Superintendent of Education, West Singhbhum was directed by judgment dated 26.09.2006 (Annexure -1) passed by the learned Single Judge of this Court to pass a reasoned order upon consideration of the petitioner's grievance within a period of three weeks. It was indicated that if there are no valid orders for withholding the petitioner's salary, the same should be released along with its arrears within a stipulated time, failing which it would carry interest at a particular rate also. It was observed that Government is at liberty to fix the liability for the loss on account of delayed payment and office shall realize the same from the erring official. The impugned order at Annexure -3 dated 26.10.2006 bearing Memo No. 3172 has been passed pursuant thereto by the Respondent No. 2 ­ District Superintendent of Education, West Singhbhum, Chaibasa. By the impugned order, Headmaster / Drawing and Disbursing Officer has been directed to release balance salary of the petitioner after recovering the amount of Rs. 1,55,669/ -.