m THE HIGH coURT OF JUmcm‘URE CHHATTISGARH AT BILASPUR w.P.No. é@?,/2003 : 1) Bitan Ram Badaik r ‘ PETITLLONERS S/o BaJaru Ram Badaik, i _ Aged about 61 years Lower Division Teacher Presently worklng as x , Head Master of Prlmary School, $ ‘ Dheludlpa, Block Tribe; Baglcm 1 " Distt. Jashpur Nagar (CG). 2) Lal Mohan Nikunj S/o Etwa Ram Nikunj, Aged about S56 years. . Head Master,Middle School, Kopa, Block Bagicha, ~ Distt. Jasbpur Nagar (CG). 3) Mahendra Sai Baghel S/o Kura Sai Baghel, Aged about 45 years, Upper Division Teacher Middle School, Sanna, Block Bagicha, Distt.Jashpur Nagar (CG) . 1 VERSUS RE SPONDENTS 1) State of Chhattisgarh Through the Secretary, Tribal Education Department, DKS Bhawan, Raipur (CG). The Collector, Jashpur Nagar District—Jashpur Nagar (CG). The Assistant Commissioner, Tribal Welfare Department, Jashpur Nagar Distt.Jashpu‘r Nagar (CG) . WRIT PETITION UNDER ARTICLE 226/227 50F THE CONSTITUTION OF I N D I A J \ Q W‘Pmb‘KL/D vizoo mamm (We) WWW wmm WW WW z WWW $Wm SB : Hon’ble Shri Manindra Mohan Shrivastava, J. 10-08-2010 Shri Bhupendra Singh, counsel for the petitioners. Shri V. V. S. Murthy, Deputy Advocate General with Shri Vinod .F_ Tekam, Panel Lawyer for the Statelrlspondents. With the consent of learned ouhsel for the parties, the matter is heard finaiiy. Grievance of the petitioners is that the petitioners had applied for Part—final withdrawal from their G.F'.F. account and even though the application of the petitioners was sanctioned, the amount has not been paid to them. Learned counsel for the petitio ers submits that the main operative reason for non—payment of the am ht towards part-final withdrawal is that after the amounts were sancti ned, there are certain allegations against two officers regarding misap ropriation of the amount, which was to be paid to the petitioners No.1 2. In so far as petitioner No.3 is N’' concerned, it is submitted that even hough, application was considered, withdrawal has not been made by an body and the amount has also not been paid to the petitioner No.3. On the other hand, submi sion of learned counsel for the respondents is that the petition has en tiled atter expiry of three years; therefore, the petition is liable to e dismissed. Other submission of learned counsel for the responds ts is that officers against whom allegations have been levelled have ot been impleaded as parties. it is also submitted that the petitions No.1 & 2 had submitted an a WWW, V , application for withdrawa! of part-tine the same was aiso depcsited in Bagi the name of petitioner No.1 being R 1997 and received by the incharge ”Berke. As far as petitioner No.2 is ci sanctioned to him as part-ma! withdi 1997 by Shri B. R. Barke. in so far appiication for withdrawai of part-ti sanctioned, but the documents reiat were not found in the records of Bioc submission of learned counsei for the submitted a letter (Annexure R-3) to Welfare, Jashpur, stating that a sanctioned to three petitioners have criminal case has been registered ag Barks. i amount and it was sanctioned and oha Treasury. Amount sanctioned in 3,80,000l- was withdrawn on 27-06- , Salary Centre Sarina, Shri Bi R. )ncerned, an amount of Rs.40,000/- 'awai was also withdrawn on 24.06- as petitioner No.3 is concerned, his l amount of Rs.30,000/- was also g to withdrawal and disbursement Education Officer, Bagicha. Further respondents is that Shri J. R. Nirala the Assistant Commissioner, Tribal ording ,to his memory, amount een withdrawn by them. Later on, inst the said J. R. Nirala and B..R. x From the submissions made b apparent that because of the dispu criminal case against Shri J. R. Nira final withdrawal from General Provid petitioners has not been released. in view of foregoing, it is dire hold an enquiry and if it is found fr received by the petitioners, amount learned counsel for the parties, it is relating to withdrawal and pending and B. R. Barks, amount of part— t Fund sanctioned in favour of the ted that the respondent No.2 shall the records that no amount was anctioned in their favour shalt be .xEf-Fiw‘fa’ —-FS/l 47~2/20I 0 ——«1 00,000. x n t l o , w . i). m . bgz .3 .Wm eazoo saw arrests WWW was east (We) mm m‘ .o L / waswawm e am anew mmw WWW reieased within a reasonable pericd. Any such release wm'have no imbaot an any other pending civil/crimin a| or depanmenta! proceedings with regard to civil or criminal iiability on any person *9 With the aforesaid direction, the petition is finally disposed off. Certified copy as per rule‘s. Sd/- Tumane Manindra Mohan Shrivastava Judge lhv vv