GOPAL SINGH Vs. STATE OF U. P.

JUDGEMENT

(1.) This writ petition is directed against an order passed by the State Government dtd. 24/5/2024, inflicting the petitioner with the penalty of censure after a show cause notice for an act of service misconduct.

(2.) The petitioner entered service of the Department of Irrigation and Water Resources as an Assistant Engineer way back on 10/2/1991. He was promoted to the post of an Executive Engineer on 19/4/2000 and then as a Superintending Engineer on 20/1/2009. Still later, on 1/6/2018, he was promoted as a Chief Engineer, Level-II. He got a further promotion to the position of Chief Engineer, Level-I on 30/6/2022. As appears from the record, one Chhatrapati Singh, Executive Engineer, Research and Planning Division-I, Sinchai Bhawan Annexe, Lucknow was directed to be given additional charge of the Executive Engineer, Irrigation Construction Division-II, Lalitpur by an order of the Engineer-inChief and Head of the Department, Irrigation and Water Resources Department, U.P. This charge was in addition to his duties at Lucknow and the arrangement was made for a period of six months until a regular incumbent was posted. The order was passed by the Engineer-in-Chief in the interest of government work. When the Engineer-in-Chief passed his orders dtd. 15/3/2023, these were duly circulated from the Principal Secretary, Irrigation and Water Resources, Government of U.P., Lucknow down to the Executive Engineer, Computer Centre, Irrigation and Water Resources Department, Lucknow, including other officials concerned.

(3.) At the time, when the order dtd. 15/3/2023 was passed by the Engineer-in-Chief, one Bhagirathi Singh was posted as the Executive Engineer, Irrigation Construction Division-I, Lalitpur. He had been given additional charge as Executive Engineer, Irrigation Construction Division-II, Lalitpur. This was, to all seeming, done by the Superintending Engineer, Irrigation Construction Circle, Jhansi, who is said to be the controlling authority and the immediate superior of the Executive Engineer, Irrigation Construction Divisions-I and II at Lalitpur. When Chhatrapati Singh proceeded to take charge as Executive Engineer, Construction Division-II in compliance with the order of the Engineer-in-Chief and contacted Bhagirathi Singh, holding additional charge, Bhagirathi Singh refused to handover charge to Chhatrapati Singh. Chhatrapati Singh wrote to the petitioner on 16/3/2023 that charge of Irrigation Construction Division-II, Lalitpur be directed to be handed over to him in compliance with the Engineer-in-Chief's order.