G S THAKUR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The challenge in the present writ petition is to the order dated 04.10.2012 (Annexure P/14) whereby the State has issued an order of recovery against the petitioner to the tune of Rs. 10,17,285.85 in respect of certain irregularities in the construction work of drain and lining work executed during the petitioner had worked as Sub Engineer at the relevant point of time. The challenge also is to the order dated 17.09.2012 (Annexure P/1) which is issued by the respondent No.2 on an enquiry conducted by the respondent No.2.

(2.) The counsel for the petitioner submits that the two orders are bad in law to the extent that finding of respondent No.2 at the first instance is without any concrete evidence which has been led before it and that the entire finding is based on assumption and presumption. The petitioner at the relevant point of time was only a Sub Engineer posted at district Janjgir Champa in the Water Resource Department and it is alleged that during the said period certain line work and construction of drain were executed wherein it is alleged that large scale irregularities have been committed. A compliant was lodged by one Ram Krishna Baghel against two officers of the Water Resource Department and also the third parson who was President of the Water Users Association village Judga, Tehsil Sakti.

(3.) The respondent No.2 on the said complaint took cognizance and proceeded further with the enquiry and finally vide recommendations made on 17.09.2012 held that three persons against whom complaint has been lodged are responsible for the irregularities and misappropriation of funds causing loss to the State exchequer to the extent of Rs. 30,51,857.55. The respondent No.2 further recommended for prosecuting the petitioner and other employees of the Department for a major misconduct and ordered for initiating disciplinary proceedings for a major misconduct and be inflicted with a major punishment.