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2018 DIGILAW 302 (JHR)

Anand Kumar v. State of Jharkhand

2018-02-05

RONGON MUKHOPADHYAY

body2018
ORDER : By the Court.-Heard Mr. Anand Kumar, in person and Mr. Rishikesh Girt, learned J.C. to G.P. II for the respondents. 2. In this writ application, the petitioner has prayed for a direction upon the respondent-authorities to pay for the period 25.12.2010 to 6.1.2010 and from 8.1.2012 to 12.4.2012. Further prayer has been made for constituting an independent committee and investigate as to whether in the house of Sri Uma Shankar Das, Mohalla Manu Tola. Kharsawan the office of World Food Programme is situated. 3. The factual aspects of the case reveals that after cadre bifurcation the petitioner was allotted Jharkhand cadre and he joined his service in the State of Jharkhand in the year 2005. Vide Office Order dated 25.12.2010 the petitioner was transferred to Kharsawan in the office of World Food Programme but when he went to join he found the office non-existent. A representation was filed by the petitioner to transfer him to some other place since there was no office of the World Food Programme in Kharsawan. Since the representation was not being considered the petitioner preferred a writ application being W.P.(S) No. 125 of 2011 in which since the respondents had taken a stand that the apprehension of the petitioner was erroneous the said writ application was dismissed on 4.5.2011. An appeal was preferred by the petitioner being L.P.A. No. 196 of 2011 which was also dismissed and so was S.L.P. No. 34335 of 2011 preferred before the Hon'ble Supreme Court. 4. Since it has been claimed by the petitioner that he was not able to join since the office itself was not existent the petitioner has been deprived his salary for the period 25.12.2010 to 6.1.2012 and from 8.1.2012 to 12.4.2012. 5. Mr. Anand Kumar, the petitioner who appears in person has submitted that although it has been claimed by the department that the office of the World Food Programme is situated in Manu Tola, Kharsawan but the same is non-existent. It has been submitted that the petitioner had gone to join in the office of Kharsawan World Food Programme but he could not give his joining for which he sent a letter- dated 7.1.2012 to the higher authorities and sought further advice. The petitioner submits that since there was no alternative left with the petitioner he submitted his joining at Chaibasa office. The petitioner submits that since there was no alternative left with the petitioner he submitted his joining at Chaibasa office. The petitioner further submits that the representation submitted by the petitioner for payment of salary for the period as claimed but the same has not been appreciated. The petitioner further submits that vide order dated 9.4.2012 the petitioner was transferred to Patan Aforestation Division wherein he had given his joining on 10.4.2012. The petitioner therefore submits that the petitioner did not have any option but to give his joining at Chaibasa office in view of the office of World Food Programme being non-existent in Kharsawan. 6. Learned J.C. to G.P. II for the respondents has opposed the prayer made by the Petitioner and has submitted that the World Food Programme, Range Office is situated in a rented building in the house of Sri Uma Shankar Das at Mohalla Manu Tola, Kharsawan. Learned J.C. to G.P. II submits that the Petitioner was transferred from Kundhit Forest Range Under Jamtara Forest Division and was transferred from Kundhit Forest Range under Jamtara Forest Division and was posted in World Food Programme Rang Kharsawan by notification No. 4856 dated 25.12.2010 He has further submitted that the petitioner had taken over notional charge on 7.1.2012 from Sri S.P. Xess but he did not take charge of the cash books, measurement books etc. and except for the date of taking over notional charge the Petitioner remained absent and did not report for taking full charge therefore the salary bill of the Petitioner was prepared only for 7.1.2012. 7. Mr. Anand Kumar, the petitioner in person in reply to the contention of the learned J.C. to G.P. II has while referring to his supplementary affidavit stated that the World Food Programme itself has been closed and therefore the claim of the Petitioner is substantiated by the said fact. 8. On consideration of the argument advanced by the Petitioner as well as by the learned J.C. to G.P. II and on perusal of the record it appears that the bone of contention is with respect to the fact as to whether the office of World Food Programme is situated in Karshwan of not. 8. On consideration of the argument advanced by the Petitioner as well as by the learned J.C. to G.P. II and on perusal of the record it appears that the bone of contention is with respect to the fact as to whether the office of World Food Programme is situated in Karshwan of not. The Respondents have consistently stated that the said office is situated in the house of Sri Uma Shankar Das, Mohalla Manu Tola, Kharsawan where it is functioning When this matter was passed on 30.8.2012, the relevant portion of which reads as follows :- “Petitioner has once again approached this Court by way of present petition for issuing the writ of mandamus commanding the respondent to pay salary to the petitioner for the period from 10.4.2012 till date; with further prayer that an Investigating Wing be constituted to find out as to whether office of world Food Programme is being run in the Mohalla Manu Tola Kharsawan. In view of the above, respondent No.2 is directed to release the salary to the petitioner as claimed and to get it investigated whether office of World Food Programme was/is running in the house of Sri Vma Shankar Das, Mohalla-Manu Tola, Kharsawan. If payment is not made to the petitioner, respondent No. 2 shall file his personal affidavit showing the reason for stopping the salary of the petitioner. He shall also place on record, along with affidavit, a report in question as to whether office of the World Food Programme was being run in the house of Sri Vma Shankar Das, Mohalla-Manu Tola, Kharsawan and, if yes, under what agreement and arrangement." 9. Despite the said order neither the salary of the petitioner was paid nor an affidavit was filed by the respondent No. 2 and further order was passed on 12.10.2012 directing the respondent No. 2 to file his personal affidavit, failing which, proceeding shall be drawn against him for deliberate non-compliance of the orders passed by this Court. An amendment application was preferred by the petitioner being L.A. No. 1393 of 2016 which was partly allowed on 16.3.2016 with respect to the period of which the petitioner claims his salary. The personal affidavit of the respondent No.2 had been filed in which a plea has been about the absence of the petitioner and the existence of the office of World Food Programme in Kharsawan. The personal affidavit of the respondent No.2 had been filed in which a plea has been about the absence of the petitioner and the existence of the office of World Food Programme in Kharsawan. It has further been stated that the under Secretary, Department of Forest and Environment was directed to inquire and submit a report regarding the existence of Range Office, World Food Programme at Kharsawan in the house of Sri Uma Shankar Das, Mohalla Manu Tola, Kharsawan. The enquiry report was submitted by the under Secretary, Department of Forest and Environment on 22.9.2012 wherein it has been concluded that the said office is functioning the house of Sri Uma Shankar Das, for the last 15 years. The enquiry report which has been brought on record is based upon the statement of some neighbours as well as Sri Uma Shankar Das and an inventory of the said, office was supposedly prepared. The enquiry report has not come out with any lease agreement with the said house the office was supposedly prepared. The enquiry report has not come out with any factual aspect as to whether there was any leas agreement with Sri Uma Shankar Da with the department and on what basis i the said house the office of the World Foo Programme, Kharsawan was running. The report seems merely a ploy substantiate the contention of the respondents that an office was indeed existence in the house of Sri Uma Shankar Das. The basis for taking the house on rent or the terms and conditions under which the said house was taken any documentary proof to suggest that the office was running in the house of Sri Uma Shankar Das for the last 15 year is itself absent in the enquiry report. the report therefore cannot be considered to be the gospel truth' with respect to the existence of the office of World Food Programme in Kharsawan and on the basis of the said report it cannot be concluded that what has been claimed by the petitioner is frivolous or is without any basis. 10. Consequent to the findings noted above, therefore, the respondent No. 2 is directed to conduct a fresh inquiry into the existence of the office of World Food Programme, Kharsawan Range. 10. Consequent to the findings noted above, therefore, the respondent No. 2 is directed to conduct a fresh inquiry into the existence of the office of World Food Programme, Kharsawan Range. If after conducting a fresh enquiry there does not appear to be any cogent evidence with respect to the existence of the said office the petitioner in such circumstance cannot be deprived of his salary for the period in question as prima facie it appears that what has been stated by the petitioner seems to be correct. The exercise indicated above should be concluded within a period of 8 weeks from the date of receipt/production of a copy of this order. 11. This writ application stands disposed of with the aforementioned observations and directions.