RAM NATH MAHATO Vs. SATE OF JHARKHAND
LAWS(JHAR)-2009-11-99
HIGH COURT OF JHARKHAND
Decided on November 20,2009

Ram Nath Mahato Appellant
VERSUS
SATE OF JHARKHAND Respondents

JUDGEMENT

- (1.) THIS writ petition has been filed by the petitioner raising a public cause to the effect that huge public money in the office of Child Development Project, Nimdih in the district of Seraikella Kharswan has been defalcated but, the respondents did not care to examine the matter and take action against the erring officials.
(2.) ON the aforesaid averment, a show cause notice was issued to the respondents including respondent no. 5, Controller of Accounts, Finance(Audit), Government of Jharkhand, Ranchi. In response to the show cause, a counter affidavit has been filed by the respondents wherein it has been stated that after enquiry and scrutiny of the amount in the office of Child Development Project at Nimdih in the district of Seraikella Kharswan, it could be detected that two officers posted in the office of Child Development Project at Nimdih, namely, Sweta Bharti and Anjana Kumari were, prima facie, found to have been indulging in irregularity and misappropriation of fund due to which enquiry was initiated which has finally concluded. Thereafter, these two delinquent ladies had been suspended and a sum of Rs.1.00 lakh which only was found to have been defalcated by the two ladies, was recovered from them as they themselves have deposited the amount. Thus, in substance, it has been submitted that out of Rs. 18.00 lakhs which had been ear -marked for the project, was spent and only Rs.1.00 lakh had been found to have been defalcated. Hence, it has been submitted that the issue raised by the petitioner has been adequately addressed and there is no reason to further enter into the matter.
(3.) COUNSEL for the petitioner is not satisfied with the reply filed by the respondents and he filed a rejoinder wherein it has been stated that there is another lady, namely, Bibha Sinha against whom no action has been taken. However, we fail to understand the purpose of this petition as the concern of the petitioner apparently should have been to cross -check whether Rs. 17.00 lakhs out of Rs. 18.00 lakhs which had been funded for the Child Development Project had, in fact been spent or not. Instead of cross -checking the same the petitioner has come up by way of a rejoinder as to why action has not been taken against Smt. Bibha Sinha. ;


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