IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14873 of 2005 Chakleshwar Kharwar, son of Late Bala Kharwar, Assistant Engineer, Ganga Pump Canal Division, Kahalgaon in the District of Bhagalpur………………………………………….….Petitioner. Versus 1. The State of Bihar 2. The Commissioner, Department of Water Resources, Bihar, Patna. 3. The Chief Engineer, Water Resources Department, Bhagalpur, District Bhagalpur. 4. The Superintending Engineer, Irrigation Circle No.2, Jamui. 5. The Executive Engineer, Irrigation Division, Sikandra, Jamui…………………………………………..Respondents. ---------------------------------- 06/ 13.10.2011 Heard learned counsel for the petitioner, learned counsel for the respondents and learned counsel for the intervener. 2. This writ petition has been filed by the petitioner, who was an Assistant Engineer, Ganga Pump Canal Division, Kahalgaon during the relevant period for the following reliefs: (i) To issue writ in the nature of certiorari to quash order being letter no.370 dated 07.05.2005 issued by respondent no.5 by which the petitioner was asked to deposit the amount of Rs.1,15,650.00 (Annexure-16). (ii) To issue writ in the nature of mandamus commanding the respondents to sanction a sum of Rs.1,50,440.00 in view of the facts that as per order/direction of the respondents the petitioner completed the allotted work well within prescribed time. (iii) To grant any other relief or reliefs, for which the petitioner is entitled. 3. I.A. No.5260 of 2011 has been filed by Nesar Ahmad son of late Madina Ansari, Retired Junior Engineer, Minor Irrigation Division, Begusarai for being added as intervener-petitioner no.2 claiming that he is affected by the same impugned order and his - 2 - case is also the same as of the writ petitioner. 4. The claim of the petitioner and the intervener is that they completed the work under the supervision of the authorities but subsequently the authority concerned passed the impugned order creating a frivolous dispute regarding the measurement and hence the impugned order was passed on 07.05.2005 against both the petitioner and the intervener with respect to deductions from their emoluments. 5. The claim of the respondents-State of Bihar and its authorities as stated in their counter affidavit dated 22.02.2006 is that the proceeding of the writ petition is premature and pre-emptive in nature and any order passed on it may have adverse bearing/effect on the actions which is under consideration before the government, as an enquiry into the entire events had been conducted by the Flying Squad/Vigilance Wing of the Department to ascertain the facts and involvement of the officials in siphoning the public money and to fix responsibilities after perusal of entire records including the cash book, measurement book and various action taken thereon by the concerned officers. It is further claimed that the Flying Squad of the Department had already made an in- depth investigation/enquiry into the matter and had submitted a report dated 08.02.2006 in which the complicity of both the petitioner and the intervener had surfaced which was under active consideration of the Government and an appropriate proceeding was likely to be initiated very soon against the erring officials. 6. It transpires that the report of Flying Squad dated 08.02.2006 and subsequent action taken by the authorities concerned have not been challenged either by the petitioner or by the intervener nor - 3 - any affidavit has been filed as to what has happened thereafter, although more than five years have lapsed since then. 7. However, it is mentioned that on the basis of the impugned order deductions have already been made from the amounts payable to the petitioner and the intervener, out of whom the intervener had retired as far back as in December, 2008. Hence, it is quite apparent that the claim of the petitioner and the intervener is now restricted merely to refund of the amount deducted from their salaries and emoluments etc. No such order can be passed in absence of any challenge made to the report of the Flying Squad dated 08.02.2006 and also in absence of any information or statement with regard to any subsequent action/proceeding taken by the authorities concerned. 8. In the said circumstances, there is no occasion for this court to interfere into this matter and accordingly this writ petition is dismissed. However, the petitioner and the intervener will be at liberty to move the Chief Engineer, Water Resources Department, Bhagalpur if they have any grievance existing against any action of the authorities concerned. If such an application is filed by either the petitioner or the intervener or by both of them within one month from today along with a copy of this order, the Chief Engineer shall consider the same and decide it in accordance with law within four months thereafter. Harish (S.N.Hussain, J.)