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2018 Supreme(Jhk) 1550

APARESH KUMAR SINGH
Lukman Ansari – Appellant
Versus
Chairman Cum Managing Director, Jharkhand Police Housing Corporation Limited – Respondent


Advocates Appeared:
For the Petitioner: M/s Anil Kr. Sinha, Sr, Adv., Abhishek Sinha, Adv.
For the Respondents: Mr. Indranil Bhaduri ( for the Corporation), Mr. Jayant Franklin Toppo, S.C.(L&C)

ORDER :

Heard learned Senior Counsel for the Petitioner, learned counsel for the Jharkhand Police Housing Corporation Limited and the State.

2. Petitioner, a Junior Engineer engaged on contractual basis in the Corporation on 30.09.2014(Annexure-1) was served with a show cause, Annexure-2 dated 18.07.2016 for having been instrumental in making excess payment of Rs.1,83,651/-to the Contractor under Agreement No. 01F2/08-09 as per the report of the Enquiry Committee. Under first, second and third on account bills, a total sum of Rs. 29,15,581/-were paid, whereas the measurement undertaken by the Enquiry Committee revealed execution of actual work to the tune of Rs. 27,31,930/-. It was alleged that excess payment were made by making incorrect entries in the measurement book, which is reflective of financial irregularity and has caused undue loss to the Corporation while giving undue benefit to the Contractor. The show cause asked the petitioner to reply within 15 days also as to why 1/3rd amount of excess payment i.e., Rs.61,217/-be not recovered from him and proper administrative action be not taken.

3. Petitioner, through his reply dated 29.07.2016 (Annexure-3) took specific plea that p














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