IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4381 of 2007
RAM PRASAD JHA 'RAMAN', SON OF LATE KAPILESHWAR JHA,
RESIDENT OF VILLAGE AND P.O. GONOUN, P.S.
GHANSHYAMPUR, DISTRICT DARBHANGA, AT PRESENT
WORKING AS AN ASSISTANT, IN THE OFFICE OF THE DISTRICT
GENERAL SECTION, COLLECTRIATE, DARBHANGA.
Versus
1. THE STATE OF BIHAR, THROUGH ITS CHIEF SECRETARY,
BIHAR, PATNA.
2. THE SECRETARY CUM COMMISSIOINER, RELIEF AND
REHABILITATION DEPARTMENT, BIHAR, PATNA.
3. THE COLLECTOR CUM DISTRICT OFFICER, DARBHANGA.
4. THE SUB DIVISIONAL OFFICER, BIROUL, SUB-DIVISION,
DARBHANGA.
5. THE BLOCK DEVELOPMENT OFFICER, KIRATPUR BLOCK,
DARBHANGA.
6. THE DISTRICT WELFARE OFFICER, DARBHANGA CUM
DEPARTMENTAL ENQUIRY OFFICER, DARBHANGA.
7. THE DISTRICT CERTIFICATE OFFICER, DARBHANGA.
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02. 30.09.2011 None appears for the petitioner. Heard
counsel for the State.
2. Petitioner at the relevant time served as
Nazir of Kiratpur block in Biroul Sub-division of
Darbhanga district. He is found to have
misappropriated a sum of Rs.2,26,068-67/- under audit
report No.97/2004-05. He has filed this writ petition
for quashing Certificate Case No.15 of 2002-03,
Annexure-10 as also for quashing Memo No.636 dated
31.03.2003, Annexure-7 whereunder proceeding has
been initiated against the petitioner for recovery of a
sum of Rs.40,760/-. Further prayer has been made in
the writ petition to quash audit report No.97/2004-05
dated 13.5.2005 submitted in connection with Kiratpur
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block for the years 1997-98 till 2002-03 in which
petitioner has been found to have misappropriated a
sum of Rs.2,26,068-67/- and direction has been made
under letter nos. 5(MU) dated 31.08.2005 Annexure-
14, 219 dated 26.04.2006 Annexure-17 and Memo
No.1785 dated 15.09.2006, Annexure-19 for recovery
of the aforesaid amount which the petitioner deposited
under receipt no.514405 dated 5.9.2006.
3. A counter affidavit on behalf of
respondent nos.3 to 7 has been filed in the matter duly
affirmed by the Executive Magistrate, Sadar Sub-
Division, Darbhanga cum Incharge Deputy Collector,
District Legal Cell, Darbhanga. From the said counter
affidavit it, however, does not appear that any finding
either in a departmental or judicial proceeding has been
recorded against the petitioner that he has
misappropriated the amount of Rs.40,760/-, 2,26,068-
67/-, as such, until any finding is recorded that
petitioner has misappropriated the aforesaid amount,
such amount could not be recovered from him.
Petitioner in compliance of the directions of the
superior authorities to deposit part of the said amount
has deposited the said amount under Nazir Receipt
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No.514405 dated 5.9.2006.
4. As the deposit has already been made by
the petitioner such deposit shall remain with the
authorities and if petitioner is exonerated of the charge
of defalcation of the aforesaid amount the amount shall
be refunded to the petitioner with interest @ 18 % per
annum. So far validity of the certificate case No.15 of
2002-03, Annexure-10 is concerned, it is observed that
petitioner may file objection in the said certificate
proceeding that the same should not proceed until a
finding is recorded against him either in departmental
or judicial proceeding that he has misappropriated a
sum of Rs.40,760/-, the said amount cannot be
recovered from him. It may be observed here that audit
report only contain statement of facts but the facts
stated therein are required to be proved either in a
departmental or judicial proceeding initiated against
the person against whom facts have been stated in the
report with reference to materials. In the instant case,
ledger etc.
5. Application stands disposed of.
Rajesh/ ( V. N. Sinha, J.)