CHUNILAL C. MANVAR Vs. UNION OF INDIA

JUDGEMENT

(1.) THE grievance of the applicant in this OA relates to disciplinary action taken against him by issuing the memorandum of charge dated 18.7.2006 vide Annexure A 1. The events leading to filing of the present OA in the first briefly are as follows: -

(2.) IT was alleged that the applicant while functioning as SDEP(East) Rajkot under the Divisional Engineer(External) during the period from June 2003 to May 2004 certified the bill number 13 amounting to Rs.6,15,714/ - claimed by M/s. Shree Hari Constructions, Surendranagar without verifying the correctness of the works claimed in the said bills with respect to quantity of digging trench with rocky strata surface, RCC protection with weld mesh, Road crossing and erection of External DPs, etc. He was served with the memorandum of charge dated 18.7.2006 (Annexure A -1) requiring him to submit his written statement of defence asking him to show cause why disciplinary proceedings should not be initiated against him. The charge leveled against the applicant in said memorandum of charge dated 18.7.2006 is as under: -

(3.) THE applicant contends that the order passed by the disciplinary authority dated 24/25.3.2010 and the Appellate Authority dated 13.7.2011 and the Revisional Authority's order dated 21.6.2012 suffers from various legal infirmities. It is contended that memorandum of charge dated 18.7.2006 is based on assumptions and presumptions and that the same is liable to be quashed for the reason that before issuance of the charge sheet, the applicant was not asked to furnish any representation. The charge sheet is based on wrong facts and it contains the routine charges that the applicant has failed to maintain absolute integrity and devotion to duty. The charge sheet has been issued based on the advice of the CVC and a copy of the CVC advice/report has not been furnished to him. He further submits that the charge sheet was issued at the instance of the GMTD without any basis.