BHAGWAT SARAN Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri A.K. Srivastava, learned counsel for the petitioner and learned Standing Counsel for the respondents.

(2.) The petitioner, Bhagwat Saran, was a Junior Engineer in U.P. Public Works Department (hereinafter referred to as the "UPPWD"). In 1991 he was working at Construction Division, UPPWD at Bansi. In respect to certain works which were measured and verified by him, the authorities found serious irregularities therein and consequently issued a charge sheet dated 13.03.2002 containing two charges. The aforesaid charges related to work done at Mehdawal-Bansi Road at kilometre 22 and Siswa-Bohli Road at kilometre 2.

(3.) The Chief Engineer, Gorakhpur was appointed as Inquiry Officer and the Executive Engineer, Construction Division, Bansi (District Siddharth Nagar) was nominated as Presenting Officer by Engineer-in-Chief, UPPWD vide order dated 28.02.2002. The inquiry could not conclude and in the meantime petitioner retired on attaining the age of superannuation on 31.12.2007. Since the inquiry could not be concluded till that date, and, the Inquiry Officer issued letter dated 23.07.2012 fixing 31.07.2012 as the next date for oral hearing, this writ petition has been filed, challenging the aforesaid notice of Inquiry Officer, on the ground, that, with such a delay, the inquiry is nothing but a sheer misuse of power and harassment of petitioner, therefore, it is liable to be quashed. It is also submitted that a similar inquiry of this corresponding period was also delayed and on that ground it was challenged in Writ Petition No. 32930 of 2011, which has been allowed vide judgment dated 22.02.2012 and inquiry proceedings therein have been quashed. It is contended that the aforesaid judgment is squarely applicable to the case in hand also.