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J&K High Court · body

2020 DIGILAW 22 (JK)

Jaffer Bashir v. Union Territory Of J&K

2020-01-21

SINDHU SHARMA

body2020
JUDGMENT 1. Brief facts of the case is that the petitioner was assigned the work under MGNREGA Scheme for the year 2017-18 by the respondent Nos. 2 and 3 in Block Ghat, Doda, which were duly executed by him. A complaint was lodged by one Sajjad Hussain Khokhar, Social and Political Activist against the respondent No. 3 (Block Development Officer, Ghat, Doda) by leveling the allegations that the work executed by the petitioner was not existed and merely on papers is contrary to ground position as no work is available in reality. 2. Additional District Development Commissioner (Project Director DRDA), Doda was appointed as Enquiry Officer by the respondent No. 1 under endorsement dated 10.07.2018 to ascertain the factual position in respect of the complaint submitted. Enquiry Officer vide his communication dated 17.07.2018, sought complete records and stopped further payment for work undertaken, till enquiry was concluded. 3. The Enquiry Officer after conducting detailed enquiry submitted his report to respondent No. 1 on 18.01.2019. Enquiry Officer has held that all works checked in panchayats were found physically executed on ground, and allegations for delaying payment for work which do not exist was not proved. 4. Learned counsel for the petitioner submits that since allegation on the basis of which his payment for execution of work was stopped has been found false, therefore, the same should have been released in his favor. He, thus, submit that the respondent be directed to release the outstanding payment for the work executed by the petitioner in Block Ghat, Doda. 5. In view of the aforesaid, this petition is disposed of with a direction to the respondents to release the outstanding amount whatsoever for execution of the work executed by the petitioner within a period of eight weeks from the date a copy of this order is made available to them by the petitioner. 6. Disposed of alongwith CM.