JANARADAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard counsel for the petitioner, learned standing counsel for respondent no.1 and Sri Ayank Mishra for respondents no.2 and 3.

(2.) The petitioner had retired as Junior Engineer from Purvanchal Vidyut Vitran Nigam Ltd. on 30.06.2009. His grievance is that his gratuity has been withheld for no justifiable reason and, therefore, he has approached this Court by way of instant writ petition.

(3.) It appears that while the petitioner was posted as Junior Engineer at Electricity Workshop Division, Bamrauli Unit, Allahabad, a theft took place at the workshop, in which transformer coils were stolen, by breaking open the top plate of old transformers, lying in the open, for last 10-12 years. On coming to know of it, the petitioner immediately informed the Asst. Engineer and the Executive Engineer and also lodged a First Information Report with Police Station Dhoomanganj, Allahabad being Case Crime No.82 of 2007. At that time, security of the workshop was in the hands of a private security agency, M/s Impact Security Services. Sri D.K. Singh, Assistant Engineer, inspected the site and submitted a report to the Executive Engineer, stating that he did not find complicity of any employee. He suggested that boundary wall of the workshop, which is broken at several places should be repaired. Subsequently, the Superintending Engineer, Electricity Work Circle appointed Sri R.D. Sonkar, Executive Engineer to inquire into the matter and submit a report. Thereupon, Sri R.D. Sonkar, Executive Engineer conducted an inquiry and in his report dt. 18-02-2008, he clearly stated that there is absolutely no evidence of involvement of any employee of the department.