LALIT PRASAD SHUKLA Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner is a Junior Engineer. He has filed this writ petition aggrieved by the order of the Director/Chief Engineer, Rural Engineering Services, dated 8.1.2008 whereby punishment of the recovery of an amount of Rs.56,526.87 , withholding of two annual increments and making two censured entries have been made. His appeal has also been rejected by the Principal Secretary. Both the orders impugned have been annexed as Annexure-1 and 2 respectively.

(2.) The short facts leading to the present writ petition are the petitioner was initially appointed as Junior Engineer in Rural Engineering Services, in November 1987. While he was posted as Junior Engineer at Siddartha Nagar in the year 2003 he was subjected to disciplinary proceedings . The disciplinary proceedings were initiated in terms of the U.P. Government Servants (Discipline and Appeal) Rules, 1999 (hereinafter referred to as 1999 Rules). A charge sheet was issued to him on 14.7.2004 (A copy of which is annexed as Annexure-3 to the writ petitin) wherein one of the charge was that on 10.12.2002 the petitioner deposited 80 drums Bitumen on the main road adjoining the Central Stores, Siddartha Nagar without any information to the Store Junior Engineer. Out of 80 drums of Bitumen 25 drums were stolen on 17.1.2003. Thus the petitioner was charged for the negligence. The petitioner submitted his reply to the charge sheet where he denied the charges made against him. The Enquiry Officer found him guilty and a show cause notice was issued to him on 3rd September, 2007 ( a copy of which is annexed as Annexure-6 to the writ petition). The petitioner submitted his reply to the show cause notice. However, the Disciplinary Authority was not satisfied and the punishment mentioned herein above was imposed on him.

(3.) Aggrieved by the said order the petitioner had filed a writ petition in this Court. However, the writ petition was dismissed by means of order dated 5.2.2008 on the ground of alternative remedy. Thereafter the petitioner filed an Appeal before the State Government in terms of the U.P. Government Servants (Discipline and Appeal) Rules,1999. (A copy of ground of Appeal is annexed as Annexure-10 to the writ petition). The said Appeal was also rejected by the State Government.