STATE OF MADHYA PRADESH Vs. L.L. BHANDARKAR

JUDGEMENT

(1.) THE following order was passed by the Court: Being aggrieved by the order dated 30-8-1997 passed by the M.P. State Administrative Tribunal, Jabalpur (for short 'the Tribunal') in Original Application No. 2334/1989, the State has preferred this writ petition under Article 226 of the Constitution of India.

(2.) BRIEF facts are that the 1st respondent was posted as Executive Engineer in Tribal Development Pilot Project, Irrigation Division, Jagdalpur, Bastar under the superintendence of Shri A.L. Anantha Ramu, Shivnath Circle, Durg. In conformity with the directions issued by the Superintending Engineer vide Memo No. 3131/St/G-16-32 of 73, Durg, dated 17-11-1973, the 1st respondent placed orders with the firm Kamlesh & Co., Kanpur for supplying sluice gates. In that regard, the following charges were framed against the 1st respondent in the Departmental Enquiry: Charge No. 1 : He placed orders on the firm Kamlesh & Co., Kanpur for supplying sluice gates without properly estimating the requirement, without observing codal formalities and without obtaining sanction from the Competent Authority. He placed orders on the basis of rates approved wither by the Superintending Engineer, Shivnath Circle or Executive Engineer, Irrigation Division, Chhuikhadan. Charge No. 2: He requisitioned sluice gates, tarpaulins, gypsy huts, alkathene pipes from Irrigation Division, Chhuikhadan, but has not inspected the material and accepted sub-standard material, which was of high price. Charge No. 3 : He failed to estimate his requirements of certain materials like gypsy huts, sluice gates, tarpaulin, alkathene pipes in the years 1973-74 and 1974-75 and placed order directly on Kamlesh & Co. on the basis of rates approved by the Superintending Engineer, Durg or Executive Engineer, Chhuikhadan. Charge No. 4 : He procured T & P materials on transfer from Irrigation Division, Chhuikhadan, although he had no allotment for the purpose. Charge No. 5: He irregularly paid Rs. 4.87 lakhs to Kamlesh & Co. and passed on the debit on CSSA Account to Irrigation Division, Chhuikhadan. Charge-sheet with the statement of allegations is filed and marked as Annexure A-2.

(3.) THE 1st respondent challenged the aforesaid order of removal before the Tribunal by filing O.A. No. 2334/89 on the following grounds: