Retired Headmaster challenged a demand to deposit Rs. 3,52,060/- with interest for alleged misappropriation of construction funds. Court disposed of the writ petition with liberty to file a detailed representation with documents before the Director, BEPC, who must decide by speaking order after hearing within three months.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.2974 of 2015
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Tuneshwar Sharma Son of Late Shukhdeo Sharma resident of VillageWestern Karynand Nagar, P.O and P.S and District- Lakhisarai, retired Head Master, Kasturba Gandhi Balika Avasiya Vidyalay, Rajauna Chowki, Lakhisarai.
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr. Ved Prakash Srivastva For the Respondent/s : Mr. Prabhakar Jha (Gp27) : Mr. Mukund Mohan Jha (Ac to Gp27) For the BEPC : Mr. Girijish Kumar ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
26 02-09-2024
1. At the relevant time, the petitioner was Headmaster
of the Kasturba Gandhi Balika Avasiya Vidyalay, Rajauna Chowki, Lakhisarai, who is aggrieved by the letter 1635 dated 12.09.2013, issued by the District Programme Officer, Bihar Education Service, through which the petitioner has been asked to deposit a sum of Rs. 3,52,060/- with interest inasmuch as according to the respondents, the petitioner was given a sum of
Patna High Court CWJC No.2974 of 2015(26) dt.02-09-2024 2/3
Rs. 8,16,602/- for construction of school building out of which the construction work to the value of Rs. 4,64,542/- was done by the petitioner and thereby the petitioner misappropriated a sum of Rs. 3,52,060/-.
2. Learned senior counsel appearing for the petitioner submits that petitioner has completed the construction work of the school more than the value of the amount provided to him for which, the petitioner has submitted the utilization certificate which is at Annexure 10 Series of the writ application. The respondent/authority, while issuing the impugned letter, did not took into account the utilization certificate and other relevant materials.
3. Learned counsel for the State submits that an inquiry was conducted by the Executive Engineer in which it was found that the work was not completed by the petitioner to the value of the money given to him.
4. Having heard learned counsel for the parties and taking into consideration the nature of prayer made in this writ application, the present writ application is disposed with liberty to the petitioner to file a detailed representation along with the relevant documents before the Respondent No. 2/Director, Bihar Education Project Council, within a period of one month. If
Patna High Court CWJC No.2974 of 2015(26) dt.02-09-2024 3/3
such a representation is filed, Director, Bihar Education Project Council, is directed to dispose the same, after giving an opportunity of hearing to the petitioner, within a period of three months from the date of receipt of representation by a speaking and reasoned order.
5. Accordingly, the present writ application is disposed with the aforesaid direction.
(Anil Kumar Sinha, J)
HarshPandey/-
U
1 issue framed by the court
Whether the demand of Rs. 3,52,060/- from the petitioner for alleged misappropriation of school construction funds was valid despite a submitted utilization certificate?
Tuneshwar Sharma
The State Of Bihar
The Director, Bihar Education Project Council
The District Programme Officer, Bihar Education Project Sarve Siksha Abhiyan
The District Education Officer, Lakhisarai
The Block Education Officer, Lakhisarai
Anil Kumar Sinha
As recorded by the court registry
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