Research › Search › Judgment

Jharkhand High Court · body

2018 DIGILAW 2558 (JHR)

Shiv Enterprises, Ranchi v. Jharkhand Urja Sancharan Nigam Limited through

2018-11-27

RAJESH SHANKAR

body2018
JUDGMENT : The present writ petitions have been filed challenging the letter nos. 1188 and 1189, both dated 23.11.2016 issued by the respondent no. 3 – Deputy General Manager (F&A), Jharkhand Urja Sancharan Nigam Limited (JUSNL), Kusai Colony, Doranda, Ranchi, whereby the petitioners have been informed that in view of certain complaints against them, an enquiry has been initiated and the payment has been withheld till the outcome of the enquiry is received. Moreover, all General Manager-cum-Chief Engineer, Transmission Zone and Electrical Superintending Engineer, Transmission Circle have been intimated not to place any work order henceforth to the petitioners till further instruction is communicated to them with the approval of the competent authority. 2. The learned counsel for the petitioners submits that the petitioners of both the writ petitions have executed the respective awarded works and have duly completed the same. Though the petitioners have successfully completed the said works, yet an amount of Rs. 1,66,59,524/- and Rs. 1,45,11,110/- are due to be paid to the petitioners of W.P.(C) No. 999 of 2018 and W.P.(C) No. 1005 of 2018 respectively as would be evident from different letters issued by the Accounts Officers, Office of the Electrical Superintending Engineer, Transmission Circle, Kusai Colony, Doranda, Ranchi. The only ground on which the payment to the petitioners has been withheld is that a proceeding was initiated under Rule 43(b) of the Jharkhand Pension Rules against Sri Sahdeo Kumar Singh, the then Electrical Superintending Engineer, Transmission Circle-cum-In-charge, General Manager-cum-Chief Engineer, Transmission Zone-III, Jamshedpur. However, the counter affidavits filed on behalf of the respondents would show that the enquiry against Sri Sahdeo Kumar Singh, retired Electrical Superintending Engineer has been concluded by exonerating him from the allegations. As such, there should not be any impediment with the respondent authorities to release the admitted dues in favour of the petitioners towards the work executed by them. 3. Heard the learned counsel for the parties. 4. In para 5 of the counter affidavits filed on behalf of the respondents in both the writ petitions, it has been stated that a letter was received from Dr. Thomas Kisko, Chairman-cum-Founder Member of Jharkhand Anti-Corruption Society alleging inter alia that certain irregularities have been committed in the work done by the petitioners. 4. In para 5 of the counter affidavits filed on behalf of the respondents in both the writ petitions, it has been stated that a letter was received from Dr. Thomas Kisko, Chairman-cum-Founder Member of Jharkhand Anti-Corruption Society alleging inter alia that certain irregularities have been committed in the work done by the petitioners. On receipt of the said letter, the matter was placed before the then Managing Director, Jharkhand Urja Sancharan Nigam Limited, who constituted a committee to enquire into the matter and approved the proposal to stop the payment of the petitioners. Thereafter, a departmental enquiry was set up in terms with letter no. 333 dated 02.08.2016 against Sri Sahdeo Kumar Singh, retired Electrical Superintending Engineer. Moreover, letter no. 67 dated 10.02.2017 was sent to the Energy Department, Government of Jharkhand for initiating enquiry against Sri Atul Kumar, Director (Project), Jharkhand Urja Sancharan Nigam Limited. It has further been averred in the counter affidavits that under the said background, letter no. 1090 dated 25.10.2016 was issued by the General Manager (P & GA), Jharkhand Urja Sancharan Nigam Limited to all the General Manager-cum-Chief Engineers, Transmission Zones and all the Electrical Superintending Engineers, Transmission Circles for withholding the payment and stoppage of work order to be placed to the petitioners till outcome of the ongoing enquiry. The enquiry set up vide letter no. 333 dated 02.08.2016 against Sri Sahdeo Kumar Singh, retired Electrical Superintending Engineer, ended in exoneration from the allegations levelled against him vide resolution no. 769 dated 17.10.2017. Sri Atul Kumar, Director (Project), Jharkhand Urja Sancharan Nigam Limited was also exonerated of the charges vide letter no. 58 dated 08.01.2018. So far as the contention of the petitioners that vide impugned letters dated 23.11.2016, the petitioners have been debarred/blacklisted from getting further work from Jharkhand Urja Sancharan Nigam Limited, it has been averred in paragraph no. 19 of the counter affidavits that the said letters do not mention about the blacklisting of the petitioners for indefinite period. 5. Having considered the subsequent development as has been stated in the counter affidavits filed in both the writ petitions, particularly regarding exoneration of two officers of the Jharkhand Urja Sancharan Nigam Limited namely, Sri Sahdeo Kumar Singh, retired Electrical Superintending Engineer and Sri Atul Kumar, Director (Project), JUSNL, I deem it appropriate to remand this matter to the respondent no. Having considered the subsequent development as has been stated in the counter affidavits filed in both the writ petitions, particularly regarding exoneration of two officers of the Jharkhand Urja Sancharan Nigam Limited namely, Sri Sahdeo Kumar Singh, retired Electrical Superintending Engineer and Sri Atul Kumar, Director (Project), JUSNL, I deem it appropriate to remand this matter to the respondent no. 2 to take an informed decision for payment of admitted dues to the petitioners with regard to the work executed by them expeditiously, preferably within a period of 12 weeks from the date of receipt/production of a copy of this order. If it is found that there is no legal impediment in making payment of admitted dues to the petitioners for the work executed by them, the same shall be released in their favour, preferably within a period of 8 weeks thereafter. 6. The writ petitions are accordingly disposed of with aforesaid direction.