BADRI PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the State.

(2.) Petitioner has taken a plea that the impugned order of recovery dated 10.1.2014 and 12.3.2014, Annexure-2 and 3 issued by the Deputy Commissioner, Deoghar and Deputy Development Commissioner, Deoghar respectively are based upon the award passed by the Lokpal, Deoghar in Case No. 1/2013 dated 31.10.2013 (Annexure-1), where in no opportunity was given to the petitioner to defend himself as he was no longer posted there and not in service, having retired in 2011 itself.

(3.) Learned counsel for the Respondent State submits that the matter was considered by the Lok Pal after due opportunity to the opposite parties being the officials of the Minor Irrigation, Planning Division, Dumka Camp, Deoghar and witnesses on their behalf, such as witness no.1, Shambhu Saran Singh, the then Assistant Engineer and witness no.2, Rakesh Kumar Ranjan, Junior Engineer were allowed to depose in defence. The directions of the Deputy Commissioner, Deoghar dated 7.3.2008 to close the agreement with 'Swyam Sahayata Samuh, Kurmidih' was not acted upon by the petitioner leading to payment of MNREGA wages. All these facts have been taken into consideration before passing the award for payment of wages in respect of work executed for renovation of Kurmidih Bandh to the labourers in questions. Since the amount of Rs. 1,00,224/- was found payable against 1160 human days @ Rs. 86.40/-, the same has been ordered to be paid by the persons responsible, which includes the petitioner also apart from the then Junior Engineer, Rakesh Kumar Ranjan and the then Assistant Engineer, Pawan Kumar Mishra. Learned counsel for the Respondent State however has not been able to rebut the statements of the petitioner that in the proceedings before the Lok Pal or even before issuance of orders of recovery vide Annexure-2 and 3 by the Deputy Commissioner, Deoghar and Deputy Development Commissioner, Deoghar, any notice or opportunity of hearing was given to the petitioner.