MAHENDRA KUMAR TAYAL Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) J. C. S. Rawat, J. By means of this Writ Petition moved under Article 226 of the Constitution of India, the petitioner has sought a writ in the nature of certiorari quashing the impugned suspension order dated 29-05-2005 (Annexure-8) passed by Secretary, Public Works Section-1, Uttaranchal Government, Dehradun- Respondent.

(2.) THE petitioner was initially appointed as a Junior Engineer in Public Works Department at Gorakhpur on 23-09-1970. THEreafter, the petitioner was promoted to the post of Assistant Engineer on 02-06- 1989 and again he was promoted to the post of Executive Engineer in the Public Works Department on 06-09-1997 and he was posted in Construction Division of P. W. D. Baizero, Distt. Pauri Garhwal. After the formation of State of Uttaranchal, the petitioner opted for the State of Uttaranchal and he remained posted there till 15-04-2000. Mr. Tara Chand Ravi was posted as Executive Engineer, Construction Division, P. W. D. Srinagar during the period when the construction of road Kandai-Kamoldi-Molakhakhal at Manjheri Ghat, Block Agastmuni and bridge over there was sanctioned in the year 1999. Sri Tara Chand Ravi, Executive Engineer was transferred from Construction Division, Public Works Department Srinagar to Public Works Department, Haridwar. THE petitioner who was posted as Executive Engineer at Construction Division, Pauri was transferred to Construction Division, Srinagar vide order dated 15-04- 2000 in place of Sri Tara Chand Ravi. Pursuant to the said transfer order, the petitioner joined his place of transfer at Srinagar on 29-04-2000. THE petitioner was again transferred from Srinagar to Haridwar. After being relieved from Srinagar, he joined the Provincial Division of Public Works Department, Haridwar on 20-06-2001. Thus the petitioner remained posted as Executive Engineer in Construction Division of Public Works Department at Srinagar, Pauri Garhwal from 29-04-2000 to 20-06-2001 only. Sri Tara Chand Ravi Executive Engineer was again posted at Srinagar, Pauri Garhwal in place of the petitioner.

(3.) A number of complaints were received by the Govt. with regard to irregularities in the construction of the said road and bridge. The Commissioner Garhwal Division was asked to make an inquiry into the matter. He submitted the enquiry report vide his letter dated 17-12-2005 to the Additional Chief Secretary, Govt. of Uttaranchal and he found the irregularities in the construction of the above said bridge and road. The complaints were found correct. He has indicated in his letter that the excess expenditure was made against the sanctioned amount of technical sanction. The ex penditure of Rs. 20. 46 lacs was incurred to other works which were not provided and sanctioned in the estimates. He further found that the quality of work was not upto the mark due to which the bridge was damaged in July, 2004 just after its erection. The Commissioner Garhwal Division in his preliminary enquiry found prima-facie that, the charges were grave and serious. The Commissioner recommended that disciplinary proceedings may be intitiated against Sri Tara Chand Ravi, executive Engineer, Shri M. K. Tayal, Executive Engineer-petitioner, Shri R. C. Kelkhora, Junior Engineer and Shri Chhanga Babu, Assistant Engineer. He further recommended that the irregular expenditure incurred by the abovementioned officers may be recovered from them. He further recommended that a Committee may be constituted under the Chairmanship of Chief Engineer, P. W. D. to assess how much amount is to be recovered from each officer for the irregularities committed by him.