RAKESH KUMAR JOSHI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) HEARD Shri Rajendra Dobhal, the learned senior counsel assisted by Shri H.V. Sah, the learned counsel for the petitioner, Shri P.C. Bisht, the learned Brief Holder for respondent No.1 and Shri D.S. Patni, the learned counsel for respondent No.2.

(2.) THE petitioner is presently functioning as the Executive Engineer at Almora and has been given the additional charge of Superintendent Engineer and has filed the present writ petition challenging the suspension order dated 7th September, 2009.

(3.) THE brief facts leading to the filing of the writ petition is, that during the period 16th August, 2007 to 31st July, 2009, the petitioner was posted as the Executive Engineer in the office of Project Manager, Ganga Pollution Control Unit Uttarakhand Pay Jal Nigam, Haridwar and was entrusted with task of supervising the laying down of the sewer line between Bhopatwala toAnand Ashram including Harikalan area in District Haridwar for the ensuing Kumbh Mala 2010. In paragraph 7 and 8 of the writ petition, the petitioner has made a categorical averment that he and his department was only entrusted with the laying down of the sewer line and thereafter the repairing or the rametalling of the road was left to the Public Works Department who were responsible for the repairing and metalling of the road. In paragraph 10 of the writ petition, it has been alleged that the petitioner himself made a complaint to the Public Works Department with regard to the poor quality of construction work being done by them on the road through their contractor and based on the said complaint, the Public Works Department by a letter of 23rd May, 2009 had written a letter to the Contractor to ensure that proper repairing of the road was done at the earliest.