GUJARAT SLUM CLEARANCE BOARD Vs. VINODCHANDRA P. PATEL

JUDGEMENT

(1.) This appeal is filed by the original respondent Gujarat Slum Clearance Board (hereinafter to be referred to as 'the Board' for short) .

(2.) Brief facts are as under.

(3.) The respondent hereinoriginal petitioner who was employed in the Board as Deputy Executive Engineer in the year 1979. In due course, he was promoted to the post of Executive Engineer in the year 1987. While he was discharging such duties at Surat where he was posted, according to the Board, he had made certain advance payments for materials for construction which payments were not according to the rules and made with ulterior motive. A chargesheet dated 21.12.1994 came to be issued against the petitioner alleging that in various construction works executed during the petitioner's tenure as Executive Engineer, he had made excess advance payments to the contractors which was in breach of the rules and regulations of the Board and was done with ulterior motive of benefiting the contractors. The petitioner had thus, breached rule 3 of the Gujarat Civil Services (Conduct) Rules. To establish this allegation, the chargesheet relied on the advance payments made by the petitioner to the contractor, the value of the consumed goods as per the record of the Board and the resultant shortfall in the stock.