LAWS(ALL)-2012-7-146

SITARAM VISHWAKARMA Vs. ENGINEER IN CHIEF

Decided On July 13, 2012
Sitaram Vishwakarma Appellant
V/S
ENGINEER IN CHIEF Respondents

JUDGEMENT

(1.) This is an intra court appeal, under the Rules of the Court, arising from the order of the learned Single Judge dated 2.4.2012 passed in Writ Petition No.29566 of 1994, Sita Ram Vishwakarma vs. Chief Engineer, P.W.D. and others, whereby the writ petition has been disposed of leaving it open to the petitioner-appellant to approach the Appellate Authority under the relevant Rules i.e. The U.P. Government Servant (Discipline and Appeal) Rules, 1999 (hereinafter referred to as the 1999 Rules).

(2.) The appellant was working in the U.P. Public Works Department as Senior Assistant. He was placed under suspension by order of the Superintending Engineer, Moradabad Division vide office order dated 23.7.1986. After issuing charge sheet and holding a departmental inquiry the appellant was dismissed from service and further an order for recovery for Rs.3,41,698.58 paise was passed against the appellant on 7.6.1994 by the Chief Engineer. Aggrieved by the order of dismissal the appellant preferred Writ Petition No.29566 of 1994, which has since been disposed of by the learned Single Judge vide order dated 2.4.2012, giving rise to the present appeal.

(3.) Heard the learned counsel for the appellant and the learned standing counsel.