IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (C) No. 927 of 2009
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1. Saboon Nisa
2. Julekha Khatoon … … Petitioners.
Versus
The State of Jharkhand & others … .. Respondents
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CORAM: HON'BLE MR. JUSTICE D. N. PATEL
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For the Petitioner : Mr. Vijay Kumar Sharma
For the Respt.No.1 : J.C. to Sr. S.C.-II
For the JSEB : M/s A.K. Pandey, Abhishek Kumar
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02/ Dated 21st of May, 2009
1. Learned counsel for the petitioner submitted that despite
an order passed by respondent no. 1 dated 18th April, 2006 at
Annexure-5 for making payment of Rs.50,000/- to each of the
petitioners towards a lumpsum damages for electrocution of husband
of the present petitioners, no amount has been paid and therefore,
the petition has been preferred. It is also submitted by the learned
counsel for the petitioner that totally adamant is the approach of the
respondent officers. Initially, a writ petition was preferred being
W.P.(C) No. 1401 of 2005 in which an order has been passed by this
Court dated 16th February, 2006 whereby a direction is given to the
Deputy Commissioner, Chatra for deciding the representation. The
said order is at Annexure-3 to the memo of the petition. Upon
direction given by the Court, the Deputy Commissioner, Chatra held
an enquiry and passed detailed speaking order, after giving an
adequate opportunity of being heard to both the parties. The said
order dated 18th April, 2006 is at Annexure-5. The operative part of
the order reads as under:-
“Hence this court comes to the conclusion and direct the
opposite party Electric department (Electrical Executive Engineer to
pay rupees 100000 (One lac) 50000 (fifty thousand) each to the
petitioner- Saibun Nisa and Julekha Khatoon both wife of late
Mansoor Alam without asking for any succession certificate within a
period of one month from the date of receipt of the production of a
copy of the order. Failing which Electricity department will be liable
to pay the interest of 8% on such amount from the date of filing of the
petition in public grievance cell.
This petition of the widows petitioners which was pending
since long in public grievance cell stands disposed of.”
2. Despite the aforesaid unambiguous and unequivocal
order, the adamant respondent-officer has not made the payment.
The respondent-State has not challenged the order at Annexure-5 in
any higher Forum. Once the order passed by the Deputy
Commissioner, Chatra dated 18th April, 2006 is accepted as it is, it is
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submitted by the learned counsel for the petitioner that there was no
earthly reason for the respondents to retain the amount of the
compensation awarded to the helpless widows of the deceased for
such a long time and therefore, it is vehemently submitted that they
have no option, but, to challenge this inaction on the part of the
respondents in not making any payment, despite the order passed by
the Deputy Commissioner, Chatra.
3. At the time of hearing of this matter yesterday and after
hearing the arguments canvassed by the learned counsel for the
respondents, I have called today the officers of the respondents.
Yesterday, it was submitted by the learned counsel for the
respondents that some letters were written in past to the petitioners
to collect the amount of damages awarded by the Deputy
Commissioner, Chatra, but, petitioners have not approached the
Clerk/Head Clerk of the respondent no. 3 and therefore, the
compensation is not paid. In view of this submission, yesterday, I
direct orally to come with that letter as well as outward register of the
relevant period. Today, the officers (i) Mr. Indradeo Choudhary, S/o
late Baraho Choudhary, working as Electrical Executive Engineer,
Electric Supply Division, Chatra and (ii) Mr. Shashikant Sahay, S/o
late Basudeo Narayan Lal, working as Cashier, Electric Supply
Divisioin, Chatra, are present in the Court. These officers have
presented outward register. It is pertaining to dated 24th March, 2009
and from entry no. 261 onwards. From that register, it is
contended by these two officers that vide entry no. 377 dated
30th April, 2009, the letters were written to the petitioners. I have
perused the original outward register. I am surprised that several
entries are left open, as for example at serial nos. 318, 319, 320, 327,
330, 337, 351, 353, 355, 370, 371, 382, 383, 406, 422 etc. are kept
open. I therefore, seized this outward register and I hereby, direct the
registry to put the original outward register of respondent no. 3, dated
24th March, 2009 under the seal cover of the High Court.
4. As the learned counsel for the respondents is tendering
two cheques to the petitioners alongwith interest as directed by the
Deputy Commissioner, Chatra in his order dated 18th April, 2006, the
matter comes to an end upon payment of this lump sum
compensation alongwith interest, but, the tendency of keeping these
entries open in the outward register, is a very dangerous tendency. If
there is one error, it can be condoned, but, looking to the several
entries kept open, it can be misused at any time. Neither the
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concerned Clerk is maintaining the outward register properly, nor the
Superior Officer is checking in supervision deliberately, and in view of
these facts, I hereby, direct the Chairman, Jharkhand State
Electricity Board, Ranchi to hold an enquiry upon erring officer not
only on the Clerk, but, also on high ranking officers who are negligent
in checking, including upto Executive Engineer, or Higher Officers of
Jharkhand State Electricity Board. Chairman, Jharkhand State
Electricity Board, Ranchi, will hold an enquiry and will complete the
same within a period of two months from the date of receipt of a copy
of this order. If such types of activities are continued, the sanctity of
the outward documents will be ‘nil’ in the eye of law. This has very far
reaching consequences in the Court. Court of law is a court of
evidence. Tendency developed in the mind of the low ranking officers
to keep the entries in the outward register open affects the very
prestige of the Jharkhand State Electricity Board. Higher officers are
also negligent in performing their duties. Authenticity of the outward
register must be maintained properly. I have checked only one
register because only one register is involved in this matter. I hope
and expect from the Chairman, Jharkhand State Electricity Board,
Ranchi, to verify such other similarly situated documents also
because a man having such types of tendencies would have also
created such type of other documents also and therefore, enquiry may
not be restricted only for the seized documents, but, it is also upon
the Jharkhand State Electricity Board to widen the compass of
holding enquiry. In a Court, we are more concerned with outward
register. Whenever any documents is to be present by the Jharkhand
State Electricity Board, which is a letter written by the Board,
outward register is an important evidence. If the entries are open,
anybody can misuse and can insert an entry at later stage. If outward
register is having open entries, such types of documents will reduce
the evidentiary values of the letters written by the Jharkhand State
Electricity Board and therefore, it is expected that these issues are
serious in nature, affecting the evidentiary value of the letters written
by the Jharkhand State Electricity Board and consequently, it affects
the prestige of the Jharkhand State Electricity Board, which is owned,
managed and controlled by the State of Jharkhand and therefore, an
enquiry will be conducted properly, within the stipulated time. I hope
that action will be initiated properly upon the erring officer and
necessary Circulars will be issued by the Secretary or by the
Chairman of the Jharkhand State Electricity Board for proper
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maintenance of outward register henceforth. I also direct the
Chairman/Secretary, Jharkhand State Electricity Board, Ranchi to
present the outcome of the enquiry before this Court. No sooner did
the enquiry is over and what Circulars they have issued in pursuance
of the aforesaid officers by this Court, for proper maintaining outward
register, henceforth. Both these documents will be presented on 7th
September, 2009 before this Court. I hereby direct the Registry to
enlist this matter, even though it is disposed of, under the heading
“For Report by Jharkhand State Electricity Board’ on 7th September,
2009.
5. This writ petition is disposed of, as, even at belated stage
the amount is paid to the petitioners with interest.
6. I have handed over a sealed document which is outward
register as stated hereinabove to the learned counsel for the
respondents, who will send it to the Chairman/Secretary, Jharkhand
State Electricity Board and the Chairman/Secretary, Jharkhand State
Electricity Board will take the aforesaid document, which is in a
sealed cover, from the counsel for the respondent no. 3.
7. Amount of interest paid, will be deducted from salary of
erring or negligent officers, after holding inquiry by the Chairman of
Jharkhand State Electricity Board, Ranchi.
(D. N. Patel. J)
VK