SUSHMA NAG Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Since both the writ petitions raise a common question of law, the same are being disposed of by this common Judgment.

(2.) Petitioner in W.P.(S) No. 5924 of 2017 has prayed for quashing letter no. 53, dated

(3.) The facts leading to all these writ petitions, as could be culled out from the material on record are as follows. The petitioners in W.P.(S) No. 5924 of 2017 is that he was working as Incharge Headmaster, Government Girls' Middle School, Bharano and discharing her duties with full satisfaction of employer. Petitioner had been given task of supervision of extension work of school building. In the midst of the work, pursuant to the memo no. 643, dated 12.04.2012, she was directed to handover her charge to senior teacher Kisto Hazam within two days from the issuance of said memo. After preparation of inventory, the charge was handed over to Kisto Hazam on 19.04.2012 in presence of Secretary, Village Education Committee of the said school. Said Kisto Hazam did nothing with regard to completion of left over work of School Building and after three months he handed over charge of Incharge Headmaster to one Sudhir Kumar. In the financial year 2012 - 13, the said School was again allotted further work of school building but said Sudhir Kumar fraudulently and dishonestly constructed school building by utilizing building materials brought earlier during the regime of petitioner like bricks, stone chips, sand etc. After some complaint to the Chief Minister in Jan Sambad dated 11.11.2016, petitioner has been transferred from Bharano to Sisai vide Memo No. 2236, dated 17.12.2016. Thereafter vide letter no. 2237, dated 17.12.2016 direction has been given to the petitioner to deposit a sum of Rs. 2,62,573.00 in the account of the Government Girls' Middle School, Bharno because in the financial year 2011 - 12, for construction of 3 class rooms, a sum of Rs. 5,40,450.00 had been sanctioned and as per Measurement Book, amount to the tune Rs. 2,77,877.00 had been utilized and Rs. 2,62,573.00 remained balance for construction. Again vide letter no. 53, dated 26.08.2017, issued by the D.S.E. Gumla, petitioner had been directed to deposit a sum of Rs. 1,02,973.00 within a period of one week to Surv Shiksha Abhiyan, Gumla, failing which further action will be taken against her. Thereafter petitioner has been served letter no. 64/364, dated 111.2017, issued by respondent no. 5 whereby she has been directed to deposit a sum of Rs. 1,24,854.33 in the account of Sarv Shiksha Abhiyan at Gumla. Thereafter, vide Memo No. 2049, dated 30.11.2017, condition has been imposed against the petitioner that if she will not deposit the amount, her salary will be withheld. Thereafter, vide letter no. 21, dated 01.12.2017 issued by DDO, Sisai, Gumla direction has been made to release salary of the petitioner after receiving cheque/ challan issued by the petitioner for making payment on account of construction of school building. Petitioner made several representation mentioning therein that she had already given charge along with detailed inventory of building materials and as such she is not liable for the unutilized amount. When no heed has been paid, petitioner has knocked door of this Court.