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2022 DIGILAW 15 (JHR)

Sahdeo Prasad Yadav v. State of Jharkhand

2022-01-04

RAJESH SHANKAR

body2022
JUDGMENT : 1. The case is taken up through Video Conferencing. At the request of learned counsel for the petitioner, the defect pointed out by the office is ignored. 2. The present writ petition has been filed for quashing memo Nos. 1363, 1364 & 1377 all dated 31.08.2019 (Annexures-11, 11/1 & 11/2 respectively to the writ petition) issued by the respondent No.5 whereby the petitioner, who was the former Panchayat Secretary of Jamtara, Atki and Dumri Panchayats under Dumri Block within Giridih District, has been directed to deposit Rs.2,17,162/-, Rs.2,40,534/- & Rs.2,65,456/- for the aforesaid Panchayats respectively being the differential amount of purchasing the street solar lights out of the fund given under 13/14th Finance Commission as according to JREDA, the said street solar lights were purchased in the said Panchayats on higher rate. 3. It has been jointly submitted by learned counsel for the parties that the issue raised in the present wit petition is covered by the order dated 28.05.2020 passed by this Court in W.P.(C) No. 6543/2019 and hence the present writ petition may also be disposed of in terms with the said order. 4. This Court had dismissed the aforesaid writ petition involving the similar issue vide order dated 28.05.2020 with the following observations: “Heard learned counsel for the parties and perused the materials available on record. The impugned letter dated 31.08.2019 suggests that in pursuance of enquiry conducted by the then Sub-Divisional Officer, Dumri, Giridih, it was found that Shankardih Panchayt under Dumri Block within Giridih District made excessive expenditure to the extent of Rs.4,94,431/- for purchase of 37 pieces of street solar lights. The case of the petitioner is that the office bearers of the concerned Panchayat have not been heard while making the said enquiry. Moreover, the enquiry report has also not been handed over to the concerned Panchayat so as to see the allegations made against the said Panchayat in purchasing 37 pieces of street solar lights while utilising the fund given under 13/14th Finance Commission. Be that as it may. The fact remains that an enquiry has already been conducted by the Sub-Divisional Officer, Dumri, Giridih in which different Panchayats under Dumri Block (Giridih District) have been issued similar letters for depositing the excessive expenditure made for purchasing the street solar lights. Be that as it may. The fact remains that an enquiry has already been conducted by the Sub-Divisional Officer, Dumri, Giridih in which different Panchayats under Dumri Block (Giridih District) have been issued similar letters for depositing the excessive expenditure made for purchasing the street solar lights. I find substance in the submission of learned A.C to A.G appearing on behalf of the State of Jharkhand that it is a case of misappropriation of Government fund. Hence, I am not inclined to exercise the extraordinary writ jurisdiction in the present case which otherwise is plenary in nature. The present writ petition is accordingly dismissed. The petitioner is however at liberty to represent the respondent No.3 on the present issue, who in turn, shall look into the matter and take appropriate steps.” 5. Accordingly, the present writ petition is also dismissed. 6. The petitioner is however at liberty to represent the respondent No.3 on the present issue, who in turn, shall look into the matter and take appropriate steps.