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| ‘Money spent from own pocket for several works’, JE claims | | HC directs Com/Secy PWD to hold an enquiry, submit report | |
JAMMU, MAY 28
Justice Nirmal Singh of Jammu and Kashmir High Court, Jammu wing, in a petition seeking stay on the transfer in which the petitioner raised a very interesting question and that too of public importance that as a number of works have been commenced within the jurisdiction of the petitioner and to complete these works effectively number of payments have been made by the petitioner from his pocket, directed Commissioner/Secretary Public Works Department to hold an enquiry and submit report whether a public servant can procure the construction material on credit without obtaining quotations/ tender or necessary sanction from the competent authority It has also questioned whether a public servant can make the payment for executing the public works from his own pocket and in any case rule permits so that too without obtaining proper sanction from the competent authority under which public servant works, whether the petitioner is in a position to spend money from his own pocket for the public works and how much money has been spent by him for executing the works under his jurisdiction and how much is the total material purchased by him on credit and as to what practice is being adopted by the engineers in executing the works allotted to them under their jurisdiction.
The Court has asked Commissioner/ Secretary to furnish a detailed report on or before the next date of hearing.
This significant order has been passed in a petition filed by Mr. Neeraj, working as Junior Engineer in Police Construction Division Jammu, who was transferred from there vide Government order of March 7 last and posted in R&B Department Jammu against the available vacancy.
Justice Singh, after hearing Advocate Sunil Sethi appearing for the petitioner and Additional Advocate General Mr. SC Gupta appearing for the state and Advocate DS Thakur appearing for the respondents, observed that subsequently in partial modification of the Government order of March 7, 2007, the petitioner was ordered to continue in police construction Division against the post vacated by Mohammed Amin who was already placed as Incharge Assistant Engineer by a Government order. The Government, however, again issued another order on March 12, 2007, rescinding the earlier order. Petitioner aggrieved of the order filed the present petition and the Court vide its order of March 15, last directed the respondents to maintain status-quo regarding transfer and posting of the petitioner. Subsequently this order was modified to the extent that respondent Ravinder Singh Samyal was directed to join the police construction division and the respondent moved an application for clarification whether the status-quo order stands vacated in view of the order dated May 5, 2007.
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