B.B. Mangalmurti, J. - (1.) Heard learned counsel for the parties.
(2.) Learned counsel for the petitioner submitted that at the relevant time, petitioner was working as Senior Division Accounts Officer in Road Construction Department, Road Division, Daltonganj and he has to work under the directions of Assistant Engineer, Executive Engineer and Superintending Engineer and other higher authority of the department. Learned counsel further submitted that after completion of work, done by the contractor, measurement book has been prepared by Junior Engineer and same has to be approved by the Assistant Engineer and further by Executive Engineer and, thereafter, the petitioner is duty bound to release the payment of bill on their direction. Petitioner has no authority to raise objection on those bills. There are allegations of bad quality of construction (ii) excess payment of Rs.9,59,166/- and (iii) Rs.12,07,475/- was paid without agreement. So far as first allegation is concerned, the petitioner has no concern with the quality of work, because it is a business of technical wing. So far as other allegations are concerned, the petitioner is not at all responsible for the bill, because the same is being prepared as per the Measurement Book, which has been prepared by the Bill Clerk on the basis of Measurement Book prepared by Junior Engineer and the same was checked and approved by Assistant Engineer as well as Executive Engineer. There is no allegation against the petitioner that he has misappropriated even a single penny of government money. It is further submitted on behalf of the petitioner that as soon as the fact that excess payment of Rs. 9,59,166/- was made to the contractor, the contractor himself written a letter to the Department for adjustment of the said amount of over payment and later on, it was adjusted.
(3.) Learned counsel for the A.C.B. submitted that the matter relates to the Road Construction and over payment was made. He also submitted that the matter was enquired into by the Technical Evaluation Cell of the Cabinet Vigilance Department, Government of Jharkhand, who found that excess amount of Rs. 9,59,166/- was paid to the contractor Bipin Bihari Singh, in which, Executive Engineer, Assistant Engineer and Junior Engineer, Cashier and this petitioner namely Satyadeo Prasad Agrawal, working at the relevant time as Senior Division Accounts Officer, Road Construction Department was also responsible. Learned counsel further submitted that now the Court below has framed charge upon the accused persons including this petitioner.;