MADHUKAR G WAGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition is directed against the judgment and order passed by the Central Administrative Tribunal, dated 22062004 in Original Application No.995 of 2004. By the aforesaid order, the Tribunal dismissed the Original Application filed by the petitioner and confirmed the order passed by the Disciplinary Authority, imposing the punishment of dismissal from service against him.

(2.) The petitioner was initially appointed in May 1958 as Senior Scientific Assistant in the Bhabha Atomic Research Centre, Government of India. Later on, the petitioner was promoted from time to time and in August 1986, he was promoted as Additional Chief Engineer (SO/SG). The petitioner was placed under suspension in August 1987, as he was subjected to a departmental inquiry and was served with the chargesheet on 03081988 containing four articles of charges. At the time when the petitioner was working in Nuclear Power Board, he was placed under suspension by an order dated 24/26th June, 1987. The first charge levelled against the petitioner was that while working as Scientific Officer, he was delegated the powers of Executive Engineer during the period between 198485, 198586 and 198687, the petitioner, in connivance with the subordinate officers Shri K.N.Sabhnani, Shri R.P.Sahni and a Private Contractor Shri B.G.Mistry, cheated the Government to the tune of Rs.1,58,801.40/by technically sanctioning nonexistent works and thereby committed fraud. It is alleged against the petitioner that he issued tender notice calling upon sealed tenders for the said nonexistent works and got comparative statements based on the quotations received in respect of the said nonexistent works and issued work orders for the said nonexistent works. It is also alleged against the petitioner that the first and final bills were sanctioned by him in respect of the said nonexistent works in favour of Shri B.G.Mistry, Contractor. It is also alleged that the aforesaid eight works were not actually carried out and were not in existence at site.

(3.) The second article of charge which was levelled against the petitioner, was that while functioning as Scientific Officer during the period between 198485, 198586 and 198687, he grossly misused the powers delegated to him and in connivance with Shri B.G.Mistry, Contractor and his subordinate officers, cheated the Government to the tune of Rs.2,60,667/by technically sanctioning the estimates of nonexistent works and by issuing tender notices, calling for the sealed tenders for the said works. It is also alleged against the petitioner that false inspection and completion certificates were recorded in respect of the said nonexistent works and first and final bills were also passed in favour of Shri Mistry, Contractor, in respect of the 13 works which were non4 WP 8949 of 2004 existent.