SABOON NISA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) LEARNED counsel for the petitioner submitted that despite an order passed by respondent no. 1 dated 18th April, 2006 at Annexure -5 for making payment of Rs.50,000/ - to each of the petitioners towards a lumpsum damages for electrocution of husband of the present petitioners, no amount has been paid and therefore, the petition has been preferred. It is also submitted by the learned counsel for the petitioner that totally adamant is the approach of the respondent officers. Initially, a writ petition was preferred being W.P.(C) No. 1401 of 2005 in which an order has been passed by this Court dated 16th February, 2006 whereby a direction is given to the Deputy Commissioner, Chatra for deciding the representation. The said order is at Annexure -3 to the memo of the petition. Upon direction given by the Court, the Deputy Commissioner, Chatra held an enquiry and passed detailed speaking order, after giving an adequate opportunity of being heard to both the parties. The said order dated 18th April, 2006 is at Annexure -5. The operative part of the order reads as under: -

(2.) DESPITE the aforesaid unambiguous and unequivocal order, the adamant respondent -officer has not made the payment. The respondent -State has not challenged the order at Annexure -5 in any higher Forum. Once the order passed by the Deputy Commissioner, Chatra dated 18th April, 2006 is accepted as it is, it is submitted by the learned counsel for the petitioner that there was no earthly reason for the respondents to retain the amount of the compensation awarded to the helpless widows of the deceased for such a long time and therefore, it is vehemently submitted that they have no option, but, to challenge this inaction on the part of the respondents in not making any payment, despite the order passed by the Deputy Commissioner, Chatra.

(3.) AS the learned counsel for the respondents is tendering two cheques to the petitioners alongwith interest as directed by the Deputy Commissioner, Chatra in his order dated 18th April, 2006, the matter comes to an end upon payment of this lump sum compensation alongwith interest, but, the tendency of keeping these entries open in the outward register, is a very dangerous tendency. If there is one error, it can be condoned, but, looking to the several entries kept open, it can be misused at any time. Neither the concerned Clerk is maintaining the outward register properly, nor the Superior Officer is checking in supervision deliberately, and in view of these facts, I hereby, direct the Chairman, Jharkhand State Electricity Board, Ranchi to hold an enquiry upon erring officer not only on the Clerk, but, also on high ranking officers who are negligent in checking, including upto Executive Engineer, or Higher Officers of Jharkhand State Electricity Board. Chairman, Jharkhand State Electricity Board, Ranchi, will hold an enquiry and will complete the same within a period of two months from the date of receipt of a copy of this order. If such types of activities are continued, the sanctity of the outward documents will be ˜nil' in the eye of law. This has very far reaching consequences in the Court. Court of law is a court of evidence. Tendency developed in the mind of the low ranking officers to keep the entries in the outward register open affects the very prestige of the Jharkhand State Electricity Board. Higher officers are also negligent in performing their duties. Authenticity of the outward register must be maintained properly. I have checked only one register because only one register is involved in this matter. I hope and expect from the Chairman, Jharkhand State Electricity Board, Ranchi, to verify such other similarly situated documents also because a man having such types of tendencies would have also created such type of other documents also and therefore, enquiry may not be restricted only for the seized documents, but, it is also upon the Jharkhand State Electricity Board to widen the compass of holding enquiry. In a Court, we are more concerned with outward register. Whenever any documents is to be present by the Jharkhand State Electricity Board, which is a letter written by the Board, outward register is an important evidence. If the entries are open, anybody can misuse and can insert an entry at later stage. If outward register is having open entries, such types of documents will reduce the evidentiary values of the letters written by the Jharkhand State Electricity Board and therefore, it is expected that these issues are serious in nature, affecting the evidentiary value of the letters written by the Jharkhand State Electricity Board and consequently, it affects the prestige of the Jharkhand State Electricity Board, which is owned, managed and controlled by the State of Jharkhand and therefore, an enquiry will be conducted properly, within the stipulated time. I hope that action will be initiated properly upon the erring officer and necessary Circulars will be issued by the Secretary or by the Chairman of the Jharkhand State Electricity Board for proper maintenance of outward register henceforth. I also direct the Chairman/Secretary, Jharkhand State Electricity Board, Ranchi to present the outcome of the enquiry before this Court. No sooner did the enquiry is over and what Circulars they have issued in pursuance of the aforesaid officers by this Court, for proper maintaining outward register, henceforth. Both these documents will be presented on 7th September, 2009 before this Court. I hereby direct the Registry to enlist this matter, even though it is disposed of, under the heading "For Report by Jharkhand State Electricity Board' on 7th September, 2009.