J P SRIVASTAVA Vs. STATE OF U P

JUDGEMENT

(1.) PETITIONER, who is the Junior Engineer in the department of Irrigation, by means of this petition under Article 226 of the Constitution of India, has made a prayer for issuance of a writ of mandamus directing the respondents to consider him for promotion from the date when his juniors were promoted as assistant Engineer, and further to quash the alleged departmental proceeding which is under contemplation in pursuance of the order dated 13. 4. 1982.

(2.) THE facts of the case, briefly stated are as under:

(3.) IT appears that when the petitioner was posted as Junior Engineer, Tube well Construction Division, Varanasi, certain irregularities were noticed in the construction of 'gul' for the tube-well division Purwa, Akbar Patti and Cheel, which was done in his supervision in the year 1969-70. Sri I. Khan, Executive Engineer, tube-well Construction Division, who was entrusted with the enquiry regarding the alleged inferior work, in his report found that on account of inferior work the government has suffered a loss of Rs. 2021/- and therefore, he suggested to recover the said amount from the contractor. It has been alleged in the writ petition that the said amount was subsequently recovered from the contractor. However, it appears that the State Government by letter dated 10. 4. 1982, asked the Superintending engineer, Irrigation Department to initiate departmental proceedings against the petitioner and also to recover the amount of Rs. 2021/- from the contractor on the basis of certain aspersions made by the Vigilance in its enquiry report. Although, according to the petitioner the aforesaid vigilance enquiry was conducted against one sri Jagannath Srivastava, Assistant Engineer, and no notice or opportunity to place his defence at any point of time was given to the petitioner. However, it appears that in pursuance of the State Government's letter referred above no action was taken in the matter and the petitioner had also no knowledge of such letter or vigilance enquiry being made against Sri Jagannath Prasad Srivastava, Assistant Engineer and the matter remained pending in the department. When several juniors to the petitioner were promoted as Assistant Engineers without considering his case, he made representation claiming his promotion then respondent no. 4 by its letter dated 2. 6. 1995 directed the Executive Engineer to start departmental proceeding against the petitioner for stoppage of increments on the basis of the vigilance report in connection with one Sri Jagannath Prasad Srivastava, Assistant Engineer for the alleged irregularities said to have committed in the year 1969-70 when the petitioner was posted at Varanasi,