GOVIND JEE KHARE Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is a petition under Art. 226 of the Constitution for a writ of certiorari for quashing an order of the State Government dated 30th May, 1970 removing the petitioner from service. The petitioner has further claimed a relief of mandamus directing the respondent, the State of Uttar Pradesh to treat the petitioner in service as the Assistant Mechanical Engineer in the Irrigation Department.

(2.) In order to appreciate the controversy involved in the present case, it would be necessary to have a resume of material facts. The petitioner was appointed as an Assistant Mechanical Engineer in the Irrigation Department of the State of Uttar Pradesh and joined his service on 15th April, 1964 as Sub-Divisional Officer in Khajuria Branch construction Division of Gandak Canal Circle I in the district of Deoria. This was the petitioner's first appointment after he passed out from College. He had no prior experience of working in any Government Department. The Sub-Division Office, of which the petitioner was Incharge, was located at Padrauna and the Divisional Office was at Deoria while the Circle Office was at Gorakhpur. The petitioner's duty was to maintain all heavy and electrical machines used for construction of canal in the area including repairs to keen them in working order and to place them where the work was required. Sri R. C. P. Saxena was the Executive Engineer of the Division at Deoria, he continued to be the Incharge of division from 15th of April, 1964 to 16th June 1964. After Sri Saxena was transferred. Sri Raghuraj Singh took over as Executive Engineer with effect from 16th of June, 1964.

(3.) The petitioner had purchased electrical and other materials for the purposes of the work, which was being carried on under him during the period April 1964 to July, 1964 and in that connection he had placed 30 work orders with Contractors for the supply of materials. Various items were purchased by the petitioner under work orders Nos. 1 to 17 between the period 30th April to 4th June, 1964 and the remaining purchases were made by the petitioner under work orders Nos. 18 to 30 between the period from 18th of July to 23rd July, 1964. In June. 1965 the accounts of the Division were audited and the auditors raised objection against the orders placed by the petitioner. Enquiries were made from the aforesaid Executive Engineer. Subsequently. the petitioner was suspended on 15th Oct., 1966, A charge-sheet containing 12 charges were served upon him. Sri K. C. Goel, Superintending Engineer, IInd Gandak Canal Circle, Gorakhpur was appointed Enquiry Officer for conducting the enquiry against the petitioner. Sri K.C. Goel held an enquiry, thereupon he submitted his findings to the State Government holding that the charges were proved against the petitioner. The State Government accepted the findings and it issued a show cause notice to the petitioner, to show cause, why he should not be removed from service. The petitioner submitted his reply and contested the findings on several grounds. The State Government passed an order on 30th may, 1970 removing the petitioner from service. The petitioner has challenged the order of removal on a number of grounds.