IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10075 of 2008 SIV SHANKAR SINGH, son of Sri. Ram Nehora Singh, resident of Village+P.O.-Bameri, District-Darbhanga. …….Petitioner Versus 1. The State Of Bihar 2. The Secretary, Rural Development, Government of Bihar, Patna. 3. The Divisional Commissioner, Darbhanga Division, Darbhanga. 4. The Collector, Darbhanga. 5. The Deputy Development Commissioner, District Rural Development Agency, Darbhanga. 6. The Sub-Divisional Officer, Sadar, Darbhanga. 7. The Block Development Officer, Baheri, Darbhanga. 8. The Executive Engineer, Rural Development Special Division, Darbhanga. 9. The Assistant Engineer, Rural Development Special Division, Darbhanga. 10. Junior Engineer, Rural Development, Special Division, Darbhanga. 11. The Director, Accounts Administration and self-employment, District Rural Development Agency, Darbhanga. …….Respondents. ----------- 05. 18.05.2009 A supplementary counter affidavit on behalf of the Collector, Darbhanga has been filed in which it is stated that departmental proceeding against erring officials i.e. Executive Engineer and other Officers have been initiated and charge-sheet issued against them. A separate counter affidavit has been filed on behalf of the Respondent Nos. 8 to 10 i.e. Executive Engineer and others. In the said counter affidavit, it is stated that the affidavit as filed on behalf of the Collector, Darbhanga was misleading in as much as their own departmental enquiry had established that part of the work was done. It is submitted that such a reliance ought not to 2 have been placed by this Court on the affidavit filed on behalf of the Collector, Darbhanga. In my view, these are seriously disputed questions. Mr. Sahi, learned counsel appearing on behalf of the Respondent Nos. 8 to 10 states that the orders of this Court would cause severe prejudice to them in the departmental proceedings. In my view, this Court has not taken any decision on the merits of the case. This Court noted that if the Collector’s stand is correct that no work has been done then to establish his bona-fide he must ensure departmental proceedings and take action against Officers who were found to be making wrong reports. It is always open to the Executive Engineer and others to bring on record in the departmental proceedings that work was actually done even partly and their recommendations were inconsonance with the ground reality. The Authority would proceed on basis of those materials and other materials which may be brought on record without being in any manner prejudice by orders of this Court. If the concerned Respondents are exonerated in the departmental proceedings, petitioner would be at liberty to make a fresh claim before the Collector, Darbhanga, who would consider the same and dispose it of on its own merits. In case it is found that payment is due, the same would be ensured to 3 the petitioner otherwise would pass speaking order rejecting the claim of the petitioner against which petitioner may take such remedy as may be advised to him. With these observations and directions the writ petition stands disposed of. Shageer (Navaniti Prasad Singh, J)