HARI SHANKER CHAK Vs. STATE OF U.P.

JUDGEMENT

(1.) Petitioner, Hari Shanker Chak, the then Executive Engineer, Irrigation Works Circle, faced departmental inquiry at the fag end of his career. Major punishments of (a) stoppage of two increments with commulative effect, (b) recovery of a sum of Rs. 57,144.33 P. and (c) censure entry were inflicted upon him pursuant to the departmental inquiry on the basis of report submitted by the Technical Audit Cell (hereinafter referred to TAC). Petitioner was served with a charge sheet on 11.2.2000 leveling as many as 10 charges indicating irregularities committed during petitioner's tenure as Executive Engineer, Baghla Nahar Prakhand, Allahabad.

(2.) Petitioner submitted a detailed and comprehensive reply on 20.6.2000 along with annexures, requesting to provide him relevant documents including TAC report on the basis of which enquiry was instituted. Petitioner again submitted para-wise and charge-wise written submissions to the Enquiry Officer/Chief Engineer on 27.9.2000 stating that he had not been provided required documents requested by him and represented himself before the Enquiry Officer on 27.9.2000 as directed.

(3.) Enquiry report was submitted by Enquiry Officer on 19.12.2000 exonerating the petitioner of charge nos. 5,6,8 and 10 but finding him guilty of charge nos. 1, 2 and 3(a), 3(b) and 3(c), 4, 7 (partly) and 9(partly) as controlling officer of the department.