- (1.) PERUSED the counter affidavit filed by the State. In the counter affidavit, it has been admitted that Rs.60.00 lakhs and Rs.85.00 lacs have been handed over to the Assistant Engineer by the Executive Engineer and it has been submitted that, that amount has been handed over to the Assistant Engineer so that the Assistant Engineer may make the payment to all the labourers and may execute the work under the Scheme.
(2.) LEARNED counsel for the petitioner submitted that the payment can be sanctioned only by the Executive Engineer and payment order also can be issued by the Executive Engineer only and Assistant Engineer cannot pay the amount to anybody directly. It is further submitted that Assistant Engineer also cannot purchase anything. It is also submitted that huge amount of Rs.60.00 lakhs and Rs.85 lakhs cannot be the amount of wages of the labourers only. In view of the above submissions made by the learned counsel for the petitioner, we deem it proper to direct the State to submit an affidavit, disclosing the financial sanction power of the Assistant Engineer and also of the Executive Engineer. The State is further directed to clarify whether the amounts of Rs.60.00 lakhs and Rs.85.00 lakhs have been transferred in the account of the concerned Assistant Engineer or in his personal account and how these funds have been utilized by the Assistant Engineer, details of which should also be furnished. Post this matter after four weeks.
(3.) LET a copy of this order be given to the counsel for the State.;