Sachidanand Singh vs The State Of Jharkhand Through Its Chief ... on 13 November, 2014

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Jharkhand High Court

Sachidanand Singh vs The State Of Jharkhand Through Its Chief ... on 13 November, 2014

Bench: Aparesh Kumar Singh

              IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                 W.P. (S) No. 3073 of 2014
                                             ---
         Sachchida Nand Singh                          --- --- ---- Petitioner
                                          Versus
         The State of Jharkhand through its
         Chief Secretary, Govt. of Jharkhand & others ---  --- --- Respondents
                                             ---
         CORAM: The Hon'ble Mr. Justice Aparesh Kumar Singh

         For the Petitioner: M/s Rajiv Ranjan, Shresth Gautam, Piyush Chitresh, Shray
                             Mishra, Advocates
         For the State:      Mr. Vaibhav Kumar, JC to AG
                                           ---
         I.A. No. 4185/2014

05/ 13.11.2014

The petitioner who is a Junior Engineer, has prayed for quashing of an order no. 6430 dated 30.10.2013 whereunder, 30% of the total cost of construction of two check dams is sought to be recovered from him. In the instant I.A., petitioner seeks stay of the direction contained in letter no. 448 dated 06.10.2014 whereunder, he has been asked to deposit the amount within a period of three days failing which, salary would be stopped from June 2014.

2. It is submitted by the learned counsel for the petitioner that in respect of the same construction of two check dams, an order of recovery was also passed against the Executive Engineer as well as Assistant Engineer. In the writ petition preferred by the Executive Engineer in WPS No. 3157/2012 (Ashok Kumar Singh vs. The State of Jharkhand & ors), learned Single Bench of this Court by judgment dated 27.08.2012, have been pleased to quash the order impugned with a direction to pass order afresh. It has been further observed that the authority while passing a fresh order, shall look into the fact as to whether the petitioner along with the Assistant Engineer and Junior Engineer is guilty of making construction of check dam nos. 2 and 4 without getting approval / sanction from the appropriate authority. It is submitted that apparently, no decision has been taken thereafter and pursuant to the similar order of recovery passed in the case of the Assistant Engineer namely, Makar Choudhary, which has been challenged in WPS No. 2984/2014, this Court has been pleased to stay the impugned order of recovery vide order dated 30.07.2014 while granting time to the respondents to 2. offer their response. Such interim order is at annexure-S-1 of the supplementary affidavit filed by the petitioner herein. It is therefore prayed that the impugned order of recovery may be stayed.

3. Learned counsel for the State submits that further instruction have been sought for in the matter.

4. In view of the aforesaid facts and circumstances, on the request of the learned counsel for the State, matter is adjourned for three weeks.

5. Till then, no recovery shall be made pursuant to the impugned order dated 30.10.2013. However, there shall be stay of operation of the direction contained in letter no. 448 dated 06.10.2014 whereunder, salary of the petitioner is said to be stopped from the month of June 2014 onwards.

Let the instant writ petition be listed along with WPS No. 2984/2014 after three weeks.

I.A. stands disposed of.

(Aparesh Kumar Singh, J) Ranjeet/

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