Jharkhand High Court
Pratosh Kumar & Anr vs The State Of Jharkhand & Anr. ..... Opp. ... on 29 March, 2019
Author: Anant Bijay Singh
Bench: Anant Bijay Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 1325 of 2018
Pratosh Kumar & Anr. ..... Petitioners
Versus
The State of Jharkhand & Anr. ..... Opp. Parties
With
A.B.A. No. 1338 of 2018
Vinod Kumar ..... Petitioner
Versus
The State of Jharkhand ..... Opp. Party
With
A.B.A. No. 1362 of 2018
Dhanesh Jha & Anr. ..... Petitioners
Versus
The State of Jharkhand & Anr. ..... Opp. Parties
With
A.B.A. No. 2068 of 2018
Gopal Manjhi @ Gopal Majhi & Ors. ..... Petitioners
Versus
The State of Jharkhand & Anr. ..... Opp. Parties
With
A.B.A. No. 1578 of 2018
Anant Sagar ..... Petitioner
Versus
The State of Jharkhand & Anr. ..... Opp. Parties
With
A.B.A. No. 2388 of 2018
Prabhu Ram ..... Petitioner
Versus
The State of Jharkhand ..... Opp. Party
With
A.B.A. No. 1751 of 2018
Suresh Ram ..... Petitioner
Versus
The State of Jharkhand & Anr. ..... Opp. Parties
With
A.B.A. No. 1985 of 2018
Krishna Bihari Sinha ..... Petitioner
Versus
The State of Jharkhand ..... Opp. Party
With
A.B.A. No. 2032 of 2018
Jugal Prasad ..... Petitioner
Versus
The State of Jharkhand ..... Opp. Party
-02-
With
A.B.A. No. 1417 of 2018
Mukul Kumar Gorwara & Anr. ..... Petitioners
Versus
The State of Jharkhand ..... Opp. Party
With
A.B.A. No. 2340 of 2018
Basgit Singh ..... Petitioner
Versus
The State of Jharkhand ..... Opp. Party
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CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH
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For the Petitioner : Mr. Anil Kumar, Sr. Adv.
Mr. Gaurang Jajodia, Adv.
Mr. Sumeet Gadodia, Adv.
Mr. Prashant Pallav, Adv.
Mr. Rajiv Lochan, Adv.
Mr. Bhola Nath Ojha, Adv.
Mr. Krishna Murari, Adv.
Mr. Manoj Tandon, Adv.
For the J.U.V.N.L. : Mr. Suraj Kumar Verma, S.C.
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13/Dated: 29/03/2019 It appears that under order dated 04.12.2018, learned counsel for petitioners were directed to take instruction from their respective clients as to whether they are ready to deposit some amount of the total alleged defalcated amount as a condition for granting their bail which are as follows:-
(i) In A.B.A. No.1325 of 2018, petitioners were directed to deposit 50% of the total alleged amount.
(ii) In A.B.A. No.1362 of 2018, petitioners were directed to deposit 10% of the total alleged amount.
(iii) In A.B.A. No.1417 of 2018, petitioners were directed to deposit 50% of the total alleged amount.
(iv) In A.B.A. No.1751 of 2018, petitioner was directed to deposit 10% of the total alleged amount.
(v) In A.B.A. No.1985 of 2018, petitioner was directed to deposit 10% of the total alleged amount.
(vi) In A.B.A. No.2032 of 2018, petitioner was directed to deposit 10% of the total alleged amount.
(vii) In A.B.A. No.2068 of 2018, petitioners were -03- directed to deposit 10% of the total alleged amount.
(viii) In A.B.A. No.2340 of 2018, petitioner was directed to deposit 10% of the total alleged amount.
(ix) In A.B.A. No.2388 of 2018, petitioner was directed to deposit 10% of the total alleged amount.
(x) In A.B.A. No.1325 of 2018, petitioner was directed to deposit 10% of the total alleged amount.
(xi) In A.B.A. No.1578 of 2018, petitioner was holding on the post of General Manager.
2. Thereafter roaster was changed and matter was listed before Hon'ble Mr. Justice Anil Kumar Choudhary, but His Lordship vide order dated 15.01.2019, released the matter from His Court as Coordinate Bench has applied his judicial mind in these cases and the matter have been listed today before this Court.
3. Today, when the case is called out, learned counsel for the petitioner in A.B.A. No.1338/2018 has submitted that he has filed an interlocutory application being I.A. No.1195/2019 with a prayer for modifying the order dated 04.12.2018, passed by this Court to the extent of exempting the petitioner from making payment of 10% of defalcated amount as the petitioner was posted as Executive Engineer at Jamshedpur on 19.01.2001 and remained there till 22.01.2001, thereafter he was transferred to Ranchi, however allegation of payment of excess amount made during the year September, 2002 to 2010.
So, learned counsel for the J.U.V.N.L is directed to file a rejoinder of the said interlocutory application i.e. I.A. No.1195/2019, filed on behalf of the petitioner in A.B.A. No.1338/18.
4. Further, learned counsel for the petitioner in A.B.A. No.2338/18 and 2068/18, Mr. Krishna Murari, produced a notification dated14.03.2019, vide office order No.313 issued by J.U.V.N.L, whereby Chairman-cum-Managing Director have constituted a three Member Committee to look into the matter and grievances of the applications -04- filed by different persons pertaining to Vigilance P.S. Case No.30/1999 dated 13.10.1999 and Bistupur P.S. Case No.150/2011, dated 12.09.2011.
Learned counsel for the petitioner, Mr. Krishna Murari (in A.B.A. No.2338/18 and 2068/18) is directed to file a supplementary affidavit to bring on record the aforesaid document i.e. notification dated 14.03.2019, vide office order No.313, issued by J.U.V.N.L and also to serve a copy of the same to the counsels for the parties, latest by 09.04.2019, thereafter learned counsel for the J.U.V.N.L will file a rejoinder of the same.
5. List this case on 03.05.2019.
6. Till then, interim relief granted earlier to the petitioners shall continue.
7. Let a copy of this order be sent to the court concerned and also handed over to the counsel for the J.U.V.N.L. (Anant Bijay Singh, J.) Fahim/-