- (1.) The present writ petition has been preferred for the following reliefs: (a) For quashing the orders contained in memo No. 74 A dated 20.12.2003 issued under the signature of the respondent No. 5 by which in a most illegal and arbitrary manner, in a most mechanical way and in utter violation of principles of natural justice i.e. without issuing any show cause notice or without making any proper enquiry, the respondent No. 5 has directed the petitioner to deposit the amounts mentioned in the said orders by merely making a reference of one order of the Deputy Commissioner dated 9.6.2002 of the respondent No. 6 alleging the wrong payment of the amounts in question in the work of tube well repairs in the Block. (b) For directing the respondent No. 2 to either himself enquire into the entire matter or to appoint a rational authority/committee to examine and enquire into the entire subject matter considering the facts that the entire works in question have been done by and at the instance of the orders issued by the respondent Nos. 3 to 5 and through the agency appointed by the respondent No. 5 himself. (c) For appropriate directions upon the respondents particularly the respondent Nos. 2 to 6, so that before taking coercive actions against the petitioner they should at least properly and rationally enquire/verify into the subject matter after giving proper opportunity of hearing to the petitioner and the other concerned persons connected with the work in question.
(2.) Since all the connected writ petitions involve the same issue and the questions of law, the same are being disposed of by this common order.
(3.) The facts, in brief are set out as under: The petitioner was posted as Panchayat Sewak during the period 1999-2001 at Sonua Block in the district of West Singhbhum. A district level development committee meeting was held on 8.5.1999 headed by the Deputy Development Commissioner, Singhbhum West, Chaibasa which was participated by all the Block Development Officers of the district and a decision was taken by the committee to repair the tube wells and for drilling new tube wells, if necessary, and accordingly B.D.Os. were directed to execute the work through J.R.Y. panchayat funds. Pursuant thereto a direction was issued by respondent No. 4 as well as respondent No. 3 on 18.4.2000 to the concerned B.D.Os. including respondent No. 5 to immediately execute/undertake the job of repair of defective tube wells in their respective blocks under the Jawahar Gram Samridhi Yojna. The respondent No. 4 accordingly issued direction vide his wireless message dated 20.5.2000 in which it was instructed that the ordinary repair should cost at the maximum of Rs. 700-800/- and further in case of misuse of fund the concerned authorities will be made responsible. It also said that the local people should be informed and in their presence repair of tube well should be done and waste parts should be deposited.;