IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6378 of 2005 HARI SHANKAR NARAIN SINGH Versus THE STATE OF BIHAR & ORS ----------- For the Petitioner: Mr. Ajit Kumar Singh-2, Advocate For the State: Mr. Manoj Kumar Jha, Advocate ---------- 6 2.4.2010 Heard learned counsel for the petitioner and learned counsel for the State. Writ of mandamus has been sought by the petitioner upon the respondent authority to make payment to him for certain work which came to be assigned by then Executive Engineer in the district of Munger. The period relates to the year 2004-05. Some material has been brought on record by the petitioner to show that the work has been done by him. But the final settlement of the bill was never made despite some recommendation at the level of the Executive Engineer. The State was asked to justify or explain the reason for delay. A detailed counter affidavit has come to be filed followed by supplementary affidavit. The averment and the statement supported by certain official documents would go to show that a kind of reckless conduct was embarked upon the then Executive Engineer, namely, Radhe Baitha. His omission and commission become a subject matter of close scrutiny at the level of Lokayukat and findings against him have come to be recorded. Large scale of financial irregularities with regard to the period he was posted at Munger. As stated that the Executive Engineer was - 2 - already awarded major punishment and there are more departmental proceedings pending against him which have not reached its conclusion because of non-cooperation of said Executive Engineer. The period of claim of the petitioner relates to the same period of Mr. Baitha’s posting at Munger and the assignment of the work by him. With the above stated situation it is not a case of accepted dues by the respondents. In fact, serious question mark has been raised on the work for which the claim is being made; no order in favour of the petitioner therefore can be issued by the writ court in this regard. The petitioner has other forum which he may avail. This writ application is dismissed. RPS (Ajay Kumar Tripathi, J.)