LUKMAN ANSARI Vs. CHAIRMAN CUM MANAGING DIRECTOR

JUDGEMENT

(1.) Heard learned Senior Counsel for the Petitioner, learned counsel for the Jharkhand Police Housing Corporation Limited and the State.

(2.) Petitioner, a Junior Engineer engaged on contractual basis in the Corporation on 30.09.2014(Annexure-1) was served with a show cause, Annexure-2 dated 18.07.2016 for having been instrumental in making excess payment of Rs.1,83,651/- to the Contractor under Agreement No. 01F2/08-09 as per the report of the Enquiry Committee. Under first, second and third on account bills, a total sum of Rs. 29,15,581/- were paid, whereas the measurement undertaken by the Enquiry Committee revealed execution of actual work to the tune of Rs. 27,31,930/-. It was alleged that excess payment were made by making incorrect entries in the measurement book, which is reflective of financial irregularity and has caused undue loss to the Corporation while giving undue benefit to the Contractor. The show cause asked the petitioner to reply within 15 days also as to why 1/3rd amount of excess payment i.e., Rs.61,217/- be not recovered from him and proper administrative action be not taken.

(3.) Petitioner, through his reply dated 29.07.2016 (Annexure-3) took specific plea that payment against third on account bill was only made by him but the show cause did not reveal as to how petitioner in that manner was responsible for excess payment of total amount of Rs.1,83,651/-. He also requested for a fresh enquiry to be undertaken in his presence. His explanation was rejected by annexure-4 letter no. 1087 dated 10.09.2016 by the Manager(Personnel) of the Corporation on the ground that enquiry conducted by the Technical Committee of actual execution of work showed false entries in the measurement book in connivance with the Contractor which resulted in excess payment. Petitioner along with Assistant Engineer and Executive Engineer, all were found to be involved in such payment. The order of termination of service is at Annexure-5 bearing memo no. 1177 dated 04.10.2016 passed by the Manager (Personnel). The impugned order refers to the charge of making excess payment of Rs.1,83,651/- to the concerned Contractor, which resulted in loss to the Corporation. Petitioner's conduct was found to be irresponsible and indisciplined. Therefore, for administrative and disciplinary reasons, services of petitioner were terminated in terms of his contractual engagement. The order of recovery is at Annexure-6 bearing memo no. 1244 dated 18.10.2016 issued by the Accounts Officer of the Corporation.