The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.16254 of 2022 Birendra Kumar Panda …. Petitioner State of Odisha and others …. Opposite Parties Mr. D.K. Dhar, Advocate -versus- Mr. A. Behera, A.S.C. CORAM: JUSTICE A.K. MOHAPATRA Order No.
Decision
ORDER 25.01.2023 02. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the petitioner as well as learned counsel for the State. Perused the writ petition as well as documents annexed thereto. 3. The present writ petition has been filed by the petitioner with the following prayers: “It is therefore prayed that your lordship be graciously pleased to admit this writ application, call for the relevant records as deem fit and hearing the parties upon notice, quash the letter dt.29.10.2020, issued by O.P. No.4 and direct the Opp. Party No.4 to adjust the paid vouchers, bills taken by the Petitioner from 2010 till date within a stipulated period, as this Hon’ble Court deem fit and proper. And may further be pleased to pass any other order/orders, direction/directions as deem fit and proper in the facts and circumstances of the case.” // 2 // 4. It is submitted by learned counsel for the petitioner that the petitioner was initially appointed as driver on 19.01.1993 in the office of the Chief District Veterinary Officer (CDVO), Sambalpur- Opposite Party No.4. Thereafter, he was continuing in service and was performing his duties to the utmost satisfaction of the higher authorities. It is further submitted by learned counsel for the petitioner that the petitioner, who was working as driver, has taken some advance money in between the year 2010 to 2020 for the purpose of filling fuel in the office vehicle and for its maintenance. It is a known practice that money is taken in advance by the Government employee and later on voucher is submitted. It is submitted by learned counsel for the petitioner that although he has submitted vouchers timely, the same has not been taken into account. He further contended that the authorities have adjusted the vouchers from the period 2010 to 2012. Thereafter from 2015 onwards, vouchers received and adjusted. For a period of two years, the vouchers are missing and not found in the office of CDVO. Therefore, some amount taken in advance for fuel has not been adjusted and the same is being recovered from the petitioner. This discrepancy was detected by audit as has been pointed out by audit team in its inspection report 146/2016-17. This discrepancy pointed out by the audit team vide report dated 07.11.2017 is filed as Annexure-5. Thereafter, the petitioner was called upon to produce the vouchers against the advance money taken by the petitioner as driver. Thereafter the petitioner approached the Government by filing a representation and his representation was forwarded to the CDVO, Sambalpur vide letter dated 25.01.2018 and 08.03.2018 under Annexures-6 and 7 respectively. The CDVO, Sambalpur on the basis // 3 // of the audit report submitted by Accountant General communicated to the petitioner that a sum of Rs.3,97,000/- is outstanding against the petitioner. Such advance was taken for transportation of medicines and vaccine etc. Thereafter, the Director wrote a letter to the CDVO, Sambalpur requesting to adjust the aforesaid amount advanced to the driver towards fuel expenditure for the purpose of LN2 distribution for the year 2013-14 against the voucher submitted by him and to report compliance. Since no action was taken, the petitioner submitted a representation before the CDVO, Sambalpur on 26.12.2018. 5. While the matter stood thus, the Accounts Officer, office of the Directorate of Animal Husbandry and Veterinary Services, Odisha, Cuttack, wrote a letter to the CDVO, Sambalpur regarding compliance report on the grievance petition of the present petitioner. No action was taken on the said letter. Thereafter, the petitioner again approached the CDVO, Sambalpur by filing another representation dated 27.04.2020 for adjustment of the paid voucher against the advance. Finally, the CDVO, Sambalpur wrote a letter to the Directorate of Animal Husbandry and Veterinary Services, Odisha, Cuttack on 25.08.2020 informing him that the relevant record have been verified in the office of the CDVO, Sambalpur and it was found that the bills along with vouchers of the petitioner-driver are not available in his office against the aforesaid advance given to petitioner for fuel. It was also intimated that the petitioner has been requested to produce the relevant evidence in support of his bills, vouchers for taking further action. 6. It is further submitted by learned counsel for the petitioner that the petitioner approached this Court by filing a writ petition bearing // 4 // W.P.(C) No.15412 of 2020, which was disposed of on 13.07.2020 with a direction to the Opposite Party No.4 i.e. CDVO, Sambalpur to act upon the letter issued on 21.05.2020 and to pass necessary orders and communicate the same to the petitioner. Despite said order by this Court, the CDVO, Sambalpur vide his letter dated 25.08.2020 intimated that due to non-availability of bills, vouchers and relevant records in his office, he is not in a position to comply the order dated 13.07.2020 passed by this Court. 7. On perusal of the order dated 21.05.2020 under Annexure-12, issued by the Administrative Officer, Directorate of Animal Husbandry and Veterinary Services, Odisha, Cuttack to the CDVO, Sambalpur, it is revealed that the CDVO was requested to adjust the pending vouchers submitted by the petitioner and the said adjustment be done within seven days of receipt of the letter failing which action has to be initiated against the persons responsible for the same. This shows that the records were misplaced at the CDVO office. However, the petitioner is being compelled to file copies of the vouchers or any evidence in support of such facts. At this juncture, this Court observes that the petitioner, who is a driver, must have submitted the vouchers/bills at the relevant point of time. Even if he has not submitted, then it was the duty of the Account Officer to ensure that the same is submitted within a reasonable time. The petitioner cannot be compelled after several years to submit those bills/vouchers, if the same has either not been submitted or misplaced at the end of accounts officer of the CDVO’s office. Further records pertaining to the year 2013-14 cannot be reconstituted 7 to 8 years thereafter. Therefore, the accounts officer of the CDVO Office or CDVO should have taken responsibility and should have acted in a manner as has been directed by this Court and pursuant to the letter of the // 5 // Administrative Officer dated 21.05.2020 under Annexure-12. 8. Learned counsel for the State, on the other hand, submits that this discrepancy was pointed out in the audit report 2016-2017 and thereafter the same was intimated to the petitioner. Therefore, no fault can be found either with the CDVO’s Office or the Accounts Officer concerned. Further, it was submitted that vide their letter dated 29.06.2020, the Opposite Parties have extended an opportunity to the petitioner to submit the bills/vouchers or to produce any evidence in support of submission of such bills/vouchers for taking necessary action at their end. Finally, it was submitted by learned counsel for the State that let the petitioner be directed to approach the authorities and also to cooperate with the reconciliation of account/records so that the dispute can be resolved amicably. 9. Having heard learned counsels for the parties and after careful consideration of the background of the present case and upon perusal of the records and documents filed along with the writ petition, this Court is of the considered view that the earlier direction of this Court has not been complied with and the authorities are although aware of such direction, which is evident from the letter dated 25.08.2020 i.e. letter by CDVO, Sambalpur to the Directorate of Animal Husbandry and Veterinary Services, Odisha, Cuttack, however, said direction although was supposed to be complied with within a period of six weeks has not been complied with. Therefore, this Court deems it proper to grant a last opportunity to the CDVO, Sambalpur-Opposite Party No.4 to comply with the direction of this Court as well as letter dated 21.05.2020 under Annexure-12 within a period of four weeks from the date of production of certified copy of this order. 10. Further, Opposite Party No.4 is directed to reconcile the // 6 // discrepancy within the aforesaid time and act in accordance with law. 11. The petitioner is directed to approach the Opposite Party No.4 along with certified copy of this order, who shall do well to act upon on production of certified copy of this order. 12. With the aforesaid observation/direction, the writ petition is disposed of. Urgent certified copy of this order be granted on proper application. Jagabandhu ( A.K. Mohapatra ) Judge