DIMPLE SCHEICE, SPORTS HOUSE v. RANCHI UNIVERSITY, RANCHI
2001-08-07
M.Y.EQBAL
body2001
DigiLaw.ai
Judgment : M. Y. EQBAL, J. ( 1 ) HEARD learned counsel for the parties. ( 2 ) IN this writ application the petitioner has prayed for issuance of appropriate direction upon the respondents to pay the petitioner the admitted dues of Rs. 2,46,379. 00and Rs. 79,484. 75 paise. ( 3 ) THE petitioners case is that it is carrying on business of sale /supply of scientific equipments to the college. The petitioner alleged to have supplied various scientific laboratory equipments to Ranchi College, Ranchi and submitted bill for the aforesaid supply. The bill for the aforesaid amount was duly passed and approrved by the Principal of the College and two cheques were presented by the petitioner in Bank but the same were dishonoured. Thereafter despite repeated reqeusts and reminders the respondents neither issued fresh cheque nor paid the aforesaid amount, hence this writ application. ( 4 ) IN the counter -affidavit filed by the respondents, it is stated that the respondent-College have not any record of any supply order issued to the petitioner, and also have no bills, vouchers, quotations, comparative statement on which two cheques were drawn up. It is further stated that two cheques dated 25-3-1997 and 28-3-1997 were issued by the college containing the signature of the then Principal, however, these two cheques were never presented for collection during its validity period of six months. It was only on 4-6-1998 the then Principal Dr. R. D. Pandey, i. e. after a period of 15 months from the date of issusance of the cheque, revalidated the same. ( 5 ) THE second cheque of Rs. 79,484. 75 paise was never revalidated. It is further stated that counter folios of cheques bearing Nos. 017051 to 117100 were also not available in the office of the college but the same were lying in possession of Dr. R. D. Pandey, against whom there are serious charges of misappropriation of fund, operation of accounts. The power of Dr. Pandey was seized with effect from 19-8-1998 and thereafter these two cheques were presented in the Bank. It is further stated that even the revalidation was not proper as revalidation is required to be made by the Registrar of the University, Inspector of Colleges and the Bursar of the College.
The power of Dr. Pandey was seized with effect from 19-8-1998 and thereafter these two cheques were presented in the Bank. It is further stated that even the revalidation was not proper as revalidation is required to be made by the Registrar of the University, Inspector of Colleges and the Bursar of the College. This fact has been informed by the C. B. I. Kanke Branch, Ranchi vide letter dated 14-3-2001 on enquiry made in this regard by the University. In the background of the aforesaid facts, I am of the opinion that this Court cannot and shall not issue any direction to the respondents to issue fresh cheques in favour of the petitioner or to pay any amount alleged to have been admitted by the respondents. However, this Court having regard to the facts brought on record regarding the mal-administration in the college, I direct the Vice Chancellor of the University to get the transaction of supply of scientific and other equipments in the college be verified for the last 10 years by a competent agency and on submission of the report if any misappropriation or any other illegality is found then both civil and criminal actions immediately be taken against all those persons within 15 days from the date of submission of the report. The Vice-Chancellor of the Unversity shall comply the direction of this Court within ten days from the date of receipt of a copy of this order. Order accordingly. --- *** --- .