DINESHWAR THAKUR DIN Vs. STATE OF JHARKHAND THROUGH THE SECRETARY, DEPARTMENT OF WATER RESOURCES, GOVERNMENT OF JHARKHAND, RANCHI : EXECUTIVE ENGINEER, PUNASI SPELL WELL DIVISION

JUDGEMENT

(1.) HEARD counsel for the parties.

(2.) THE petitioner in this writ application, has prayed for an order quashing the order dated 23.12.2006 (Annexure -10) passed by the Executive Engineer, Irrigation Division, Supoul Bihar (Respondent No. 4) whereby he has called upon the Executive Engineer, Punasi Spell Division, Punasi Camp, Deoghar (Respondent No. 2) to recover the sum of Rs. 41,634/ -from the salary of the petitioner. A further prayer has been made for quashing the order dated 6.2.2007 (Annexure - 11) issued by the office of the Executive Engineer, Punasi Spell Well Devision, Punasi Camp, Deoghar (Respondent No. 2), whereby the recovery of the sum of Rs. 41,634/ -has been ordered to be made from the salary of the petitioner in 18 installments.

(3.) IN the counter -affidavit of the respondents, the stand taken is that the petitioner was though transferred from Supoul to Deoghar and had obtained no objection certificate, but later on, it was detected that certain articles, as mentioned in Annexure -A to the counter -affidavit, were not handed over by the petitioner. The petitioner, despite being repeatedly reminded, had not offered a reasonable explanation. Consequently, the order for recovery of the amount of Rs. 41,634/ -was passed after assessing the value of the loss sustained by the Department.