K L MALHOTRA Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioner, who happens to be retired Superintending Engineer, has filed the present writ petition with the following prayers.

(2.) VIDE order dated 9th September, 2009, the Principal Secretary Minor Irrigation Department, U.P. Government, Lucknow has observed as under: <IMG>JUDGEMENT_537_ADJ10_2011Image1.jpg</IMG> <IMG>JUDGEMENT_537_ADJ10_2011Image2.jpg</IMG>

(3.) HOWEVER, no final decision was taken by the disciplinary authority till March, 2008 and in the meantime a supplementary inquiry report was called for by the disciplinary authority without notice to the petitioner. Pursuant thereto another Inquiry Officer, in turn, submitted the supplementary inquiry report on 17.9.2008. It is stated that after one year of submission of supplementary inquiry report vide order dated 9.9.2009 the impugned order of recovery has been passed, which was communicated to the petitioner through order dated 22.9.2009.