EKLAVYA KUMAR Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Anwar Ashfaq, learned counsel for the petitioner as well as learned Standing Counsel for the respondents.

(2.) By means of present writ petition the petitioner has assailed the order of punishment dtd. 5/6/2020, passed by the Secretary (PWD), Government of U.P., Lucknow, holding the petitioner guilty and awarded punishment of deduction of 5% from petitioner's pension for period of three years.

(3.) It has been submitted by learned counsel for the petitioner that the petitioner was appointed on the post of Assistant Engineer in the year 1992 and was promoted to the post of Executive Engineer on 20/11/2005 and since then he worked on the said post till his superannuation on 30/9/2018. It is submitted that disciplinary proceedings were initiated against the petitioner by means of office memorandum dtd. 26/3/2018 and Chief Engineer, PWD was appointed as inquiry officer. The charge sheet was given to the petitioner on 26/5/2018, wherein the charge against the petitioner was that when he was posed at General Manager, U.P.R.N.N. he gave charge of work agent to daily wager Sri Ram Shanker as per requirement of the work, on the recommendation of the Assistant Engineer. The second charge was with regard to appointment of Daily Wagers Sri Rajesh Kumar and Brijesh Pal Singh (Mate), who were also given charge of work agent. According to charge sheet, said promotions were illegal and dehors the rules, consequently the petitioner was asked to submit response to the said charges.