OM PRAKASH SINHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Since the pleadings in this case are complete, with consent of the learned counsel for the parties, this application is taken up for disposal at the stage of admission itself.

(2.) The petitioner in this writ petition has challenged the order dated 31.7.2008 ( annexure 3) issued under the signature of the Under Secretary, Water Resources Development, Government of Jharkhand, Ranchi, whereby three fold punishments, i.e. recovery of a sum of Rs. 1,09,153/ -, stoppage of three increments with cumulative effect and censure, has been awarded to the petitioner.

(3.) On perusal of the enquiry report, the petitioner found that the Enquiry Officer had exonerated him by recording his finding that the amount which was although obtained by the petitioner as advance, was handed over to the Junior Engineer, Sri Thakur and this fact was confirmed by the Executive Engineer as also from the Ledger of accounts. As such, the amount of advance shown as outstanding against the petitioner should have been shown only against the Junior Engineer Sri Dineshwar Thakur and not against the petitioner.