SRIKANT CHAUBEY Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Babu Nandan Singh, learned counsel for the petitioners and learned Standing Counsel Dr. D.K. Tiwari representing the State-respondents.

(2.) By means of this writ petition, the petitioners have assailed the order dated 02.06.2008 whereby a recovery of Rs. 2,80,007.00/- has been ordered. The petitioners have challenged the said order on the ground that the said order is passed on a report dated 18.01.2008 submitted by a four member inquiry committee holding the petitioners liable for misappropriation and embezzlement of an amount to the tune of Rs. 2,80,007.00/-. The petitioners submit that the second inquiry into the charges was totally unwarranted and was maliciously instituted for the reason that an earlier three member committee had conducted an inquiry and had submitted a report on 20.01.2007 in which, in respect to the same charges, the petitioners were not found to be guilty and it was only in respect of a sum of Rs. 44,194/- that the audit was directed to be conducted as the work regarding this much of amount was not found to have taken place on the spot. The committee of which the petitioners were members was granted time till 15th of August, 2007 to get the work audited and submit the relevant vouchers so as to enable the committee to form a final opinion in respect of the said amount. The petitioners thereafter got the work audited by C.A. Narayan Kumar Agrawal & Co. which submitted its report on 14.8.2007.

(3.) The argument is that instead of considering the said report in respect of the amount in question for which the petitioners were required to submit the audit report, a four member inquiry committee got constituted which conducted the inquiry de novo which was quite unwarranted in the given facts and circumstances of the case nor, the petitioners were communicated about any such new constitution of the inquiry committee. So it is also a case of gross violation of minimum compliance of rules of natural justice.