In The Matter Relating To Class Of Persons Who Have Not Received Their Post Retiral Benefits And Arrears Of Salary v. State Of Bihar
2004-03-01
RAVI S.DHAVAN, SHASHANK KR.SINGH
body2004
DigiLaw.ai
Judgment 1. The State Counsel (S.C. 4) informs the court that the tenure of the Justice Uday Sinha Committee, in context, has been extended for a further period of 3 months. This was announced by a notification dated 16 February 2004. A copy of the notification has been left on the record. 2. Counsel for the Central Bureau of Investigation Mr. Rakesh Kumar intimates the court that the preliminary investigation has been registered by the Central Bureau of Investigation against the State Government Companies/State Corporations concerned in reference to the order dated 13 November 2003. 3. Nothing has been indicated to the court of the audit which were to be caused on government companies by the Comptroller and Auditor General of India in reference to such companies as are registered as government companies under section 617 of the Companies Act, 1956 and State Corporations. This is in the context of earlier orders. 4. The Assistant Registrar of Companies has been required to keep requisite number of sets ready so that they can be supplied on demand to the Central Bureau of Investigation and the Comptroller and Auditor General of India/Accountant General, Bihar. 5. The Assistant Registrar of Companies was intimating the court that there are some companies, for instance, Bihar Water Development Corporation, which is filing its balance sheet of accounting years 1974-75 onwards during 2003-04. After having the cases had been filed, by the Registrar of Companies, before the designated Magistrate dealing with economic offences, the State Public Sector Companies/State Corporations are filing their annual returns but have yet not filed their audited balance sheets. 6. Reports of the Committee at Flags - W, X, Y, Z & A1 have been received by the Registrar General and placed before the court today. 7. Re. Flags - W (Bihar State Construction Corp. Ltd., X (Bihar State Industrial Development Corp. Ltd.,) & A1 (Bihar State Road Transport Corporation) payments are to be disbursed as recommended by the Committee. Regarding others, the comments of the Committee be seen before disbursing the payments as recommended by the Committee. 8. Re. Flag - Y (Bihar State Small Industries Corp. Ltd.) the Committee has recommended stoppage of payments to certain employees as they have taken advances from the Corporation. 9. Re. Flag - Z (Bihar State Construction Corporation), it is virtually an audit para on behalf of the Committee.
8. Re. Flag - Y (Bihar State Small Industries Corp. Ltd.) the Committee has recommended stoppage of payments to certain employees as they have taken advances from the Corporation. 9. Re. Flag - Z (Bihar State Construction Corporation), it is virtually an audit para on behalf of the Committee. The Committee has placed on record that it appears that this Corporation never maintains service books; information supplied to the Committee has been prepared at one sitting and not prepared in the ordinary course of business and, thus, at present, the Committee is not in a position to come to a conclusion whether the employees shown in the statements are regular employees or fake names of employees have been inserted. The Committee also records that about 19 employees after having been appointed in this Corporation were on deputation/adjusted against other organizations and, thus, those employees are not being considered for payment. When the Committee visited the office of the Corporation only two persons were present in the office. One employee was employed by the Corporation but then he was sent on deputation to another Corporation known as Bihar Hydro Electric Corporation. Only payments as have been recommended by the Committee, are to be disbursed in the context of this Corporation. 10. Let a copy of this order be supplied to the Counsel for the Central Bureau of Investigation, Comptroller and Auditor General of India/Accountant General, Bihar, and Assistant Registrar Companies, as prayed for. So far the State counsel is concerned, there is already a standing order of the Registrar General that a copy of the order on these matters be delivered to him.