SANJAY NATH DEOGHARIA AND ORS. Vs. STATE OF JHARKHAND AND ORS.
LAWS(JHAR)-2017-4-156
HIGH COURT OF JHARKHAND
Decided on April 07,2017

Sanjay Nath Deogharia And Ors. Appellant
VERSUS
State Of Jharkhand And Ors. Respondents

JUDGEMENT

APARESH KUMAR SINGH,J. - (1.) Heard learned counsel for the petitioners and the State.
(2.) The grievances of the petitioners were taken note of in the order dated 29.07.2013, which is quoted hereunder:- "By way of supplementary affidavit, filed on behalf of the petitioners, they have brought on record a letter no. 1214 dated 10.10.2011 issued by the District Superintendent of Education, Lohardaga addressed to the Senior Accounts Examination Officer, Office of Accountant General, Jharkhand Ranchi. Learned counsel for the petitioners submits that the impugned orders dated 1.9.2006 were based upon audit objection dated 26.04.2006 for recovery of amounts, which were earlier paid to the petitioners on account of grant of B.Sc Untrained scale of Rs. 680-965 from the date of their appointment. However, it is submitted that the order itself was issued after similar such orders against these petitioners were earlier quashed by the High Court on the ground of violation of principal of natural justice. However, on this occasion also no effective opportunity was granted to the petitioners as it is evident from the show cause notice, which is contained in Annexure-F to their counter affidavit, the same does even refer to the audit objection dated 26.4.2006. He further submits that now the District Superintendent of Education, Lohardaga in letter dated 10.10.2011 himself has sought to meet the aforesaid objections in the light of categorical chronology of events and facts disclosed therein. In such circumstances, the respondents themselves may be required to recall the aforesaid order if the audit objections are accepted. Learned counsel for the respondents, however, submits that he needs to obtain instruction in respect of letter dated 10.10.2011 issued by District Superintendent of Education, Lohardaga. In the facts, which have narrated herein-above, learned counsel for the respondents is allowed six weeks time to obtain instruction in the matter and file specific response."
(3.) Thereafter on 26.02.2015, the District Superintendent of Education, Lohardaga was directed to pass a reasoned order taking note of the fact that petitioners have been provided any opportunity of being heard. The respondent took further time on the next few dates so that fresh decision of the District Superintendent of Education, Lohardaga would be brought on record.;


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