LAWS(JHAR)-2019-11-1

NAVEEN BHAGAT Vs. STATE OF JHARKHAND

Decided On November 18, 2019
Naveen Bhagat Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) All these writ petitions have been filed for quashing the order dated 19th August, 2019 passed by the Lokayukta in Case No.01/Lok (Drinking Water) 04/2012, whereby a recommendation has been made to the Secretary, Drinking Water and Sanitation Department, Government of Jharkhand (respondent no.2) to submit a report within a period of months in compliance of the recommendation of the Lokayukta to initiate an appropriate proceeding under the law against the petitioners.

(2.) The petitioners of W.P.(C) No.4998 of 2019, W.P.(C) No.5087 of 2019 and W.P.(C) No.5088 of 2019 are Junior Engineers and the petitioners of W.P.(C) No.4989 of 2019, W.P.(C) No.4996 of 2019 and W.P.(C) No.5004 of 2019 are Assistant Engineers in Drinking Water and Sanitation Department, Government of Jharkhand.

(3.) The factual matrix of the case, as stated in the writ petitions, is that one complaint was instituted by Abhimanyu Tiwary before the Lokayukta, Jharkhand which was subsequently sent to the Cabinet Vigilance Department, Government of Jharkhand vide letter no.3667 dated 16th August, 2012. Thereafter, an enquiry was conducted and report was submitted to the Lokayukta on 12th March, 2015. Different memorandums of charges were issued against the petitioners under the signature of the Under Secretary, Lokayukta Office, Ranchi (Jharkhand). The allegation levelled in the said charge was that for the year 2012-13 though an expenditure of Rs.6,42,529/- was made for repair of 60 fluoride removal treatment plant, yet there was no justification of such work and the payment thereof. The petitioners submitted their respective replies before the Deputy Secretary, Office of Lokayukta, Ranchi, wherein they categorically denied the allegations levelled against them. However, learned Lokayukta vide impugned order dated 19th August, 2019 made recommendation to the respondent no.2 for taking appropriate legal action against the petitioners and to submit action taken report within a period of three months.