ARBIND KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In the accompanied writ application, the petitioner has inter alia prayed for quashing order as contained in Memo dated 06.12.2008 issued under the signature of respondent no. 3 whereby the amount of Rs. 1,13,800/- has been ordered to be recovered from the petitioner.

(2.) The facts, in brief, is that the petitioner was initially appointed on the post of X-ray Technician on 12.08.1985 at T.B. Centre at Dumka. While continuing as such, when the petitioner was posted as Senior X-ray Technician in Sadar Hospital, Dumka in the relevant year 2005-06, huge quantity of x-ray materials were purchased, which was expired, for which a departmental proceeding was initiated against the persons responsible for it. In the departmental proceeding, it was ordered that an amount of Rs. 5,69,000/- is to be recovered from the persons who are responsible for the loss suffered to the government. The petitioner, being the senior X-Technician in the Hospital was saddled with the order of recovery of Rs. 1,13,800/-, which is impugned before this Court.

(3.) Learned counsel for the petitioner submitted that only on the requisition made by junior X-ray Technician through the Deputy Superintendent, Sadar Hospital, Dumka, the petitioner gave written consent for requirement of X-ray materials for one year. Learned counsel for the petitioner further submitted that vide memo dated 16.01.2006, the petitioner was transferred from Sadar Hospital to T.B. Centre, Dumka. Hence, when the articles in question was purchased or received by the hospital, the petitioner was not posted there, which shows that there was no conspiracy or fraud committed by the petitioner. It has further been submitted that the disciplinary authority without adhering to the detailed enquiry and without considering the show cause reply in its true spirit, passed the impugned order.