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2018 Supreme(Jhk) 1836

RAJESH SHANKAR
Shailesh Kumar – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioner: Mr. Rajiv Ranjan, Sr. Adv. Mr. Shray Mishra
For the State : Mr. K. M. Verma, G.P-I Mr. Shadabbin Haque, A.C to G.P-I

ORDER :

The present writ petition has been filed for quashing the order dated 07.06.2017 (which has wrongly been typed as 07.16.2013 in the order sheet) passed by the Certificate Officer, Palamau (the respondent No.2) in Certificate Case No. 188 of 2017-18 whereby the application filed by the petitioner under Section 9 of the Bihar and Orissa Public Demand and Recovery Act, 1914 [hereinafter referred to as ‘the Act, 1914’] has been rejected.

2. The factual background of the case, as stated in the writ petition, is that the petitioner was posted in the District Nazarat at Palamau for a period of 8-9 years. It was alleged against the petitioner that during his posting at District Nazarat at Palamau, he defalcated public money. An FIR being Daltonganj P.S. Case No. 44 dated 01.03.2017 was lodged under Sections 409,150,467,468,471,120B & 34 of the IPC against the petitioner, who was arrested and is said to be in judicial custody since 01.03.2017. A certificate case was also instituted against the petitioner for recovery of the defalcated amount and a notice dated 04.05.2017 under Section 7 of the Act, 1914 was issued to him for recovery of Rs.9,41,07,208/-. The petitioner filed an object

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