- (1.) IN this writ petition, the petitioner has prayed for quashing of the order being Memo No. 203 dated 11.8.2003, issued by the Deputy Secretary, Department of' Road Construction, Government of Jharkhand, whereby the petitioner has been held liable for defalcation of the Government fund and refund of a sum of Rs. 28,79,904.10. paise along with other punishment.
(2.) DURING pendency of this writ petition, the respondents have modified the said order dated 11.8.2003 (Annexure -9) and passed an office order being Memo No. 241 dated 2.9.2003, whereby instead of recovery of the total sum of Rs. 28,79,904.10 paise at one lump sum, recovery at first instance shall be of Rs. 14,39,952/ - and the rest by way of monthly instalment from the petitioner's salary. The petitioner filed an application (IA. No. 2036 of 2003) for amendment in the writ petition and for addition of the prayer seeking quashing of the said order dated 2.9.2003, as well. The amendment was allowed after hearing the parties.
(3.) THE petitioner's case is that while he was posted as Junior Engineer, Churchu Block, Hazaribagh. a memorandum of charge was issued to the petitioner and on that basis, a departmental proceeding was initiated and the Enquiry Officer was appointed to enquire into the same. The Enquiry Officer, after thorough enquiry, submitted the detailed enquiry report giving a finding that the charges against the petitioner could not be established by the Department and in view of the finding, no further proceeding is justified against the delinquent officer. ;