UNION OF INDIA Vs. KAMLA PRASAD SINGH

JUDGEMENT

(1.) ON November 8, 1994 a charge memo was issued to the respondent recording Presidential sanction to do so; and as per Annexure- I, three Articles of Charge were alleged : -

(2.) THE Statement of Imputation pertaining to the three charges would reveal that the tender documents were processed and finalized by the respondent as the Divisional Engineer (Plg.-III). The contract of laying underground cables was awarded to M/s Unemployed Engineers Constructions of which, one Hans Raj Singh was the proprietor, who had issued a Power of Attorney in the name of one Hari Mohan Singh to manage the cable laying work; but as a matter of fact the work was being managed by respondent's son Brijesh Singh. It was stated that as per Rule 4(2)(i)(ii) of the CCS (Conduct) Rules, 1964, being a Group 'A' Officers, the petitioner had to obtain previous sanction from the Government permitting his son to be employed with the firm since the respondent was having official dealings with the firm. It was stated that the respondent was taking keen interest in the contract, evidenced by the fact that cable drums were being issued on verbal and telephonic orders bye-passing the concerned field Divisional Engineers. One day, cable drums were issued on a National Holiday. The contractor claimed 1150 meters cables, costing Rs.8 lacs missing, pertaining to the cable issued on August 15, 1992. The requisition and the receipt were dated September 21, 1992 and November 02, 1992. On November 27, 1992 one K.C.Upadhayay, a Telephone Operator, was caught with a letter from the contractor purportedly evidencing that the stolen cables had actually been with the Department. Sh.Upadhayay confirmed that he had obtained the letter from the contractor at the asking of the respondent.

(3.) NOTWITHSTANDING the file being missing and not proved at the inquiry, common sense guide us that in his twin capacity : (i) Divisional Engineer (Plg-III), and (ii) Asstt.General Manager (Plg. & Dev.), the petitioner would certainly have been involved in the tender. Common sense which is a cluster of life's experience tells us so.