VIJAI KUMAR JAIN Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition has been filed for quashing the impugned order of punishment dated 8.2.1994 Annexure-4A to the writ petition (as amended) and for a mandamus directing the respondents to consider the petitioner for promotion as Superintending Engineer.

(2.) The petitioner was appointed as Assistant Engineer in the Rural Engineering Service, of U. P. Government in ad hoc capacity on 18.10.1972 and he was approved by the U. P. Public Service Commission on 11.5.1979. On 23.1.1980 the petitioner was promoted as Executive Engineer on ad hoc basis and was regularised in April. 1980 and in between he was confirmed as Assistant Engineer on 2.7.1982.

(3.) In paragraph 9 of the writ petition, it is sated that in the year 1985-86 a routine audit of the public accounts maintained by the department was conducted and the audit team raised an objection under the head 'extra expenditure' for the year 1985-86. A purchase from the U. P. Small Industries Corporation at their rate list was termed by the audit cell as superfluous and extra expenditure to a tune of Rs. 74. 944 was indicated in the total purchase of the material worth Rs. 1,15,200. In paragraph 10 of the writ petition, it is stated that the Chief Engineer when informed about the same immediately reacted and replied to the objection raised by the audit team through his letter dated 23.1.1987 through the Joint Secretary of the department. The Joint Secretary after satisfying himself with the reply of the respondent No. 2 forwarded the detailed reply of the Chief Engineer with his sanction in favour of the same to the Accountant General. Allahabad on 23.2.1987, True copy of the letter dated 23.2.1987 is Annexure-3 to the writ petition. Despite this reply the petitioner was served with a charge-sheet vide covering letter dated 3.11.1989. True copy of the covering letter containing the letter of the Joint Secretary dated 7.9.1988 and the charge-sheet is Annexure-4 to the writ petition. The petitioner filed his reply to the charge-sheet dated 15.12.1989. Thereafter the petitioner was served with the order of punishment dated 8.2.1994 by the State Government by which recovery of Rs. 74,994 was ordered from the salary of the petitioner besides permanently withholding of one increment and a reprimand entry. True copy of the order is Annexure-4A to the writ petition.