Patna High Court
Ranjana Thakur vs The State Of Bihar on 22 February, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7795 of 2020
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Ranjana Thakur Wife of Niranjan Thakur Resident of Village Bhagalpura,
P.S.-Kaira, P.O.-Bhagalpura, District- Munger.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Rural Development
Department, Government of Bihar, Patna.
2. The Commissioner, Munrega,
3. The District Rural Development Agency Munger through its Director
Accounts, Adminstration and Self Employment.
4. The Deputy Development Commission, Munger.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Ritika Rani
For the Respondent/s : Mr.Lalit Kishore (Ag)
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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
ORAL JUDGMENT
Date : 22-02-2021
1. The present writ petition has been filed for quashing
the Office Order contained in Memo no. 316 dated 20.02.2020,
issued under the signature of Deputy Development Commissioner,
Munger, whereby and whereunder the petitioner has been directed
to pay a sum of Rs. 2,48,226/- for the damage caused to the
Government Exchequer under the plantation work, as per the
directions issued by the Rural Development Department, Bihar,
Patna vide Memo dated 12.12.2019. The petitioner has also prayed
for quashing that part of the report dated 31.12.2019 which
pertains to the petitioner herein.
2. The brief facts of the case are that the petitioner was
Patna High Court CWJC No.7795 of 2020 dt.22-02-2021
the Mukhia of Khara Panchayat, Tarapur, at the relevant time and
he had written a letter dated 23.11.2015, addressed to the Deputy
Development Commissioner of Rural Development Agency,
Munger about non-transparency in payment of the work done
under the MANREGA Scheme relating to Gram Panchayat,
Khara. The Commissioner, Munger Rural Development
Department, Government of Bihar, Patna had then written a letter
dated 12.12.2019 for submitting a report regarding
misappropriation and taking action against those persons who are
found guilty. The Committee headed by Director, Accounts
Administration and Self Employment, District Rural Development
Agency, Munger as also comprising of other members i.e. the
Executive Engineer, Munger and Programme Officer, Sangrampur
had submitted a report dated 31.12.2019 to the Deputy
Development Commissioner, finding 11 persons guilty of
indulging in damage of plantation work and had recommended to
make recovery of a sum of Rs. 36,13,961/- and as far as the
petitioner is concerned, recommendation was made for recovery of
a sum of Rs. 2,48,226/- on account of the damage of the plantation
work in Tarapur Block. Thereafter, the impugned order dated
20.02.2020 has been issued by the Deputy Development
Commissioner, Munger directing the petitioner to deposit a sum of
Rs. 2,48,226/- within a period of 10 days.
Patna High Court CWJC No.7795 of 2020 dt.22-02-2021
3. The learned counsel for the petitioner has submitted
that neither the petitioner was given any notice to participate in the
inquiry conducted by the aforesaid Three-Men Committee nor any
notice has been given to the petitioner to submit a whole-sole
defence regarding the punishment of recovery of a sum of Rs.
2,48,226/-, hence the entire action of the respondents including the
impugned order dated 20.02.2020 is bad in law on account of
violation of the Principles of Natural Justice.
4. Per contra, the learned counsel for the respondents,
by referring to the counter affidavit filed in the present on behalf
of respondent no. 4, has submitted that the petitioner has failed to
discharge the duties assigned to her as per Clause 2.2.1 of NREGA
Guidelines. It is further submitted that the petitioner was granted
opportunity to submit her explanation vide Memo dated
06.08.2019, however no reply was submitted by the petitioner,
hence the impugned order dated 20.02.2020 has been passed
against the petitioner herein directing her to deposit a sum of
Rs. 2,48,226/-.
Nonetheless, the learned counsel for the respondent-
State has not denied the fact that no show cause notice was issued
to the petitioner, seeking her reply to the proposed punishment of
recovery of the aforesaid amount of Rs. 2,48,226/- and moreover,
no inquiry report of the aforesaid Three-Men inquiry committee
Patna High Court CWJC No.7795 of 2020 dt.22-02-2021
was ever supplied to the petitioner in order to enable her to submit
her wholesome and comprehensive defence.
5. I have heard the learned counsel for the parties and
gone through the materials on record, from which it is apparent
that neither a copy of the inquiry report of the aforesaid Three-
Men Enquiry Committee has been supplied to the petitioner herein
nor the show cause notice dated 06.08.2019 speaks about the
proposed punishment of recovery of the pecuniary loss caused to
the Government, hence the petitioner has been denied adequate
opportunity to put forth her wholesome and comprehensive
defence, resulting in violation of the Principles of Natural Justice,
thus rendering the impugned order dated 20.02.2020, passed by
the Deputy Development Commissioner, Munger, bad in law and
void, consequently, the said order dated 20.02.2020 stands
quashed.
6. The writ petition is allowed.
(Mohit Kumar Shah, J)
rinkee/-
AFR/NAFR AFR
CAV DATE NA
Uploading Date 01.03.2020
Transmission Date NA
