SURESH CHANDRA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The petitioner has preferred the present writ petition to assail G.O. No. 323 / II-2017-02(7)/2011 dtd. 16/4/2018, issued by the Principal Secretary, Minor Irrigation Department, and the letter dtd. 5/5/2018 bearing No. 239/Min.Irri./Recovery-30/2018-19, issued by the Chief Engineer / Head of Department, Minor Irrigation Department, Uttarakhand.

(2.) The order dtd. 16/4/2018, issued by the Principal Secretary, Minor Irrigation Department, imposed a penalty of recovery of fifty percent of the financial loss of Rs.15,12,192.00 (Rupees Fifteen Lacs Twelve Thousand One Hundred and Ninety Two) from the petitioner, who was serving as an Executive Engineer at the relevant time, and the remaining fifty percent amount was directed to be recovered from other subordinate staff, including Sectional Accounts Officer under Para-3(Ka)(2) of the Minor Penalties of Uttarakhand Government Servant (Discipline and Appeal) Rules, 2003, apart from withholding two annual increments of the officers found guilty of misconduct. In short, the misconduct, alleged against the petitioner, was that he directed release of huge amount of Rs.1,23,50,000.00 in favour of Maihar Cement for supply of fifty thousand bags of Birla Gold Cement at the rate of Rs.247.00 per bag. The rates were for Department Godown at Silpata, District Pithoragarh.

(3.) Without securing the said amount, and without any authority to release the said amount in advance, the petitioner released the amount in favour of the supplier, who failed to supply 9,557 bags resulting in a huge loss to the State Exchequer.