Vivekanand Choudhary vs State of Jharkhand

D.N. Patel A.C.J

This Letters Patent Appeal has been preferred by the original petitioner whose W.P.(C) No. 1169 of 2017 was dismissed by the learned

Single Judge vide judgment and order dated 21st March, 2017, which was filed for quashing the notice dated 25  th January, 2017 and also

against the arrest warrant issued by the Certificate Officer, Koderma.

Reasons:

Having heard learned counsels for both the sides and looking to the facts and circumstances of the case, it appears that this appellant was working

as Junior Engineer in Rural Works Department of the State of Jharkhand and for the work to be done, he was assigned the amount of Rs.2,12,48,000/-

, out of which the work done was at Rs.1,67,60,631/-. Rest of the amount was not deposited by this appellant and, therefore, a Multi Member

Committee was constituted, headed by the Deputy Development Commissioner, Koderma and ultimately the Committee arrived at a conclusion that

recoverable amount from this appellant is at Rs.44,87,369/-.

The aforesaid amount was not deposited by this appellant and, hence, recovery proceeding being Certificate Case No. 317/2016-17 was initiated

against him before the Certificate Officer, Koderma.

It appears that the Certificate Officer has initially issued notice twice and as usual, as per normal tendency of all the debtors, the services of

notice were avoided and now the Certificate Officer has issued warrant of arrest. This has given birth to the writ petition which was preferred by this

appellant being W.P.(C) No. 1169 of 2017.

Initially, notice was issued by the Certificate officer on  26 th December, 2016, but, this appellant refused to accept the same and, thereafter,

again notice was issued on  27 th December, 2016, which was also not accepted by this appellant and a report was given by a person, who was

assigned to execute the service of notice. Prima facie, we have no reason to disbelieve the Government employee. Evidentiary value of working

employee is higher, than the dismissed employee.

Be that as it may, such type of employee who has to deposit the amount of Rs.44 Lakhs and odd has approached in civil side as well as in criminal

side. An anticipatory bail application being A.B.A. No. 4808 of 2016 was preferred by this appellant and simultaneously a writ petition being W.P.(C)

No. 1169 of 2017 was also preferred by this appellant. Thus, all steps have been taken by this appellant to avoid recovery of sizeable amount.

During the proceeding of anticipatory bail application filed under Section 438 of the Code of Criminal Procedure, amount of Rs.5,17,400/- was

deposited by this appellant and meanwhile an order was passed not to take coercive step against this appellant and, thereafter, anticipatory bail was

granted vide order dated 26th April, 2017.

Thus, now the question to be decided by this Court is whether the order passed by the learned Single Judge in W.P.(C) No. 1169 of 2017 vide

judgment and order dated 21  st March, 2017 is legal or not. The argument canvassed by the learned counsel for the appellant is that earlier

notices were not received by this appellant. Notice of warrant of arrest was received on 31st January, 2017.

Now, this appellant may appear before the Certificate Officer, Koderma. We are not accepting his contention to transfer the certificate proceeding

from one Certificate Officer to another Certificate Officer. There is no bias by the Certificate Officer. In fact, this appellant has avoided the services

of notice and, therefore, there is bound to be arrest of warrant to be issued upon him. We are not much analyzing the warrant of arrest because

anticipatory bail application has already been allowed by this Court. Now, this appellant has to appear before the Certificate Officer, Koderma and

proceeding shall be completed by the Certificate Officer, as early as possible and practicable, invariably within a period of three months from the date

on which copy of this order is received by the Certificate Officer, Koderma. The amount already deposited by this appellant shall be taken care of by

the Certificate Officer, Koderma. We see no reason to take any other view than what is taken by the learned Single Judge and we are in full

agreement with the reasons given by the learned Single Judge while disposing W.P.(C) No. 1169 of 2017 vide judgment and order dated 21st March,

2017. There is no substance in this Letters Patent Appeal, the same is, therefore, dismissed with a cost of Rs.15,000/- (Rupees Fifteen Thousand).

This amount will be deposited by this appellant before the Secretary, Department of Women and Child Development & Social Welfare, Government

of Jharkhand, Ranchi towards the Juvenile Justice Fund. This amount will be deposited in the Bank Account No. 3734498462-5,

Jharkhand Juvenile Justice Fund, State Bank of India, Project Bhawan, Hatia, either by cheque or bank draft, within a period of eight weeks from

today towards Juvenile Justice Fund. This amount will be utilised for the welfare of the juveniles as per the duties assigned to the State under theÂ

Juvenile Justice Act.

A Copy of this order will be sent to the:

(i) Secretary, Department of Women and Child Development & Social Welfare, Government of Jharkhand, Ranchi; and

(ii) Member Secretary, Jharkhand State Legal Services Authority, Nyaya Sadan, Doranda, Ranchi.

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