RAM SAGAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned Counsel for the Petitioner and learned standing counsel for the Respondents.

(2.) By this petition, Petitioner has challenged the order dated 11.2.2010 passed by Government of Uttar Pradesh contained in Annexure-1 of the writ petition, whereby deduction of 10% pension for a period of 5 years is directed to be made from the pension of the Petitioner under Article 351A of Civil Service Regulations.

(3.) It is stated that while working on the post of Assistant Engineer in Irrigation Department of the Government w.e.f. 20.8.2002 to 3.8.2008 at Sirsi Dam Project, Mirzapur the Petitioner was entrusted with the construction of repairing work of Adhwa Dam and for the said purpose tender was invited on 21.2.2008 by Sri O.P. Srivastava, the then Executive Engineer, consequently the work of said Dam was allotted to 8 contractors. On completion of construction work complaints were received about the irregularities committed in the said construction work. Pursuant thereto, the Commissioner, Vindhyachal Division, Mirzapur directed the Technical Parikshak, Gram Vikas Vindhyachal Division, Mirzapur to hold an inquiry of said irregularities, thereupon the Technical Parikshak, Gram Vikas Vindhyachal Division, Mirzapur had made inspection and it was found that for repair of Adhwa Dam a sum of Rs. 384.50 lakh was sanctioned but at the time of making local spot inspection the Petitioner who was Assistant Engineer did not supply drawing, specification, measurement book and contracts/work orders awarded to the contractors. Only extract copy of project was made available to the inspecting party. After making local spot inspection the Technical Parikshak/inspector, Gram Vikas Vindhyachal Division, Mirzapur appears to have submitted his report on 3.6.2008.