ASHOK KUMAR Vs. THE STATE OF BIHAR AND OTHERS

JUDGEMENT

(1.) In this application under Articles 226 and 227 of the Constitution of India, the prayer is for quashing the investigation by the Police in Nawadah Police Station Case No. 247 of 1982. The petitioner, Ashok Kumar's case is that he was transferred from the post of Assistant Engineer, Rural Engineering Organisation (R.E.O.), designs Circle, Patna, to the post of Assistant Engineer R.E.O., Works Subdivision Nawadah, vice the intervenor Respondent No. 4, Bhola Nath Singh, by a Notification dated the 27th March, 1982 (Annexure '2'), of the Government of Bihar, Gramin Punarnirman and Panchayati Raj Vibhag, and, in pursuance of that notification, he joined his new post at Nawadah on the 31st March, 1982, and took charge from the intervenor Respondent, Bhola Nath Singh, vide Charge Report dated the 31st March, 1982 (Annexure '3'). The Superintending Engineer informed the Chief Engineer that the intervenor respondent, Bhola Nath Singh had made overcharge of his office at Nawadah to the petitioner, Ashok Kumar, in his presence, vide Annexure '6'. The intervenor respondent, Bhola Nath Singh, was transferred from the post of Assistant Engineer, R.E.O., Works Subdivision No. I, Nawadah, to the post of Assistant Engineer, R.E.O., Designs Circle, Patna, by the Government of Bihar, Gramin punarnirman and Panchayati Raj Vibhag, Notification dated the 30th March, 1982 (Annexure '4'). Despite the order of transfer and making over charge at Nawadah, the intervenor Respondent, Bhola Nath Singh, did not join his new post at Patna. The Additional Secretary to the Government of Bihar, in the Road and Buildings Construction Department, by his letter dated the 6th October, 1982, ordered him to join his new post at Patna within ten days of the receipt of the said letter (Annexure '5').

(2.) After taking over charge, the petitioner, Ashok Kumar, start functioning on the post of Assistant Engineer, R.E.O., works Subdivision I, Nawadah, from the 31st March, 1982. The matter was communicated to the Chief Engineer, as already stated, by the Superintending Engineer, and the Chief Engineer, by his letter dated the 15th April, 1982 (Annexure '7'), informed the Executive Engineer that the petitioner, Ashok Kumar, was in charge of the post of Assistant Engineer, R.E.O., Works Subdivision, No. I, Nawadah, and that work should be, taken from him only and that the intervenor Respondent, Bhola Nath Singh, should be: treated as haying been relieved with effect from the 31st March, 1982. The Chief Engineer also informed the State Government that the petitioner Ashok Kumar was working on the post of Assistant Engineer, R.E.O., Works Subdivision No. I, Nawadah, since the 31st March, 1982, vide his letter dated the 6th May, 1982 (Annexure '8').

(3.) On the 19th September, 1982, the intervenor Respondent, Bhola Nath Singh, lodged the First Information Report (Annexure '1') at Nawadah Police Station, which was registered as Nawadah Police Station Case No. 247 of 1983, describing himself as the Assistant Engineer, R.E.O., Works Subdivision No. I, Nawadah. In the first information report it is said that the informant, Bhola Nath Singh (intervenor respondent) having" taken leave to perform the marriage of his daughter, proceeded on leave on the 1st May, 1982, and remained on leave till the 6th September, 1982 and resumed his duties at Nawadah and had been performing the duties of the Assistant Engineer, R.E.O., Works Subdivison I, Nawadah, since then. It is further stated that during the period of his absence from Nawadah, the petitioner, Ashok Kumar started doing the duties of the Assistant Engineer, R.E.O., Works Sub -Division I, Nawadah, and the petitioner broke open the lock of the cash chest of the office of the Assistant Engineer, R.E.O., works Subdivision I, Nawadah, and removed from the cash chest the second set of keys of the chest and some valuable documents. This information was given to the intervenor respondent (the informant) at his home by Ramadhar Mahto, the Treasure Guard, and Gauri Shanker Ram, the Chaukidar. On these allegations, Nawadah Police Station Case No. 247 of 1982 was registered. It is for the quashing of the investigation by the Police in that case that this writ application has been filed.