LAL BAHADUR SINGH Vs. ENGINEERINCHIEF MECHANICAL LUCKNOW

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 8.9.1999 thereby dismissing the appellant's writ petition which he had instituted challenging the order dated 28.8.1999 whereby the appellant, a Junior Engineer (Mechanical) in the Irrigation Department. Government of Uttar Pradesh, presently posted in Lift Irrigation Department, Kanpur, has been placed under suspension in contemplation of the disciplinary enquiry in respect of his act or omission amounting to misconduct of the year 1994 while he was posted in Laghu Dal Nahar Khand, Allahabad.

(2.) We have heard Sri R. N. Singh, Senior Advocate appearing for the appellant and standing counsel representing the respondents and perused the judgment and order under challenge.

(3.) It appears that the irregularity for which the disciplinary enquiry against the appellant is said to be in contemplation pertains to supply of teak wood which on examination by the Forest Research Institute, a Government of India concern, was found to be 'Jamun' wood Instead of leak wood. The wood was supplied by a contractor and the payment was made at the rate applicable to teak wood. This resulted in financial loss to the Government. The order of suspension has been issued by the Praraukh Abhiyanta (Vantrik) on the basis of the report of "Technical Audit Cell" (T.A.C.) submitted to Government on consideration whereof the Special Secretary. Government of U. P. Sinchai Anubhag 6 by his letter dated August 3. 1999 asked the Pramukh Abhiyanta (Enquiry) (Mechanical), Sinchai Vibhag, Lucknow to initiate disciplinary proceeding in his capacity as appointing authority against the appellant and two other Junior Engineers, namely, V. N, Chaudhary and Syed Saiduddin. It would appear from the letter aforestated that the decision to suspend the appellant was taken at the level of the Government on consideration of the T.A.C. report and the Principal Engineer of the concerned Department was asked to formally initiate disciplinary proceeding against the appellant.