ANIL PRATAP SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed by the petitioner seeking quashment of the order dated 22.06.2006 (Annexure P/7) whereby a major penalty of removal from service has been imposed on him and the order dated June, 2008 (Annexure P/10) whereby the appeal filed by him challenging the order of major penalty has been rejected.

(2.) The facts of the case in brief are that the petitioner was appointed as Sub Engineer in Rural Engineering Department in the State Government on 22.02.1981. After completing 12 years of services, he was given senior scale of pay and was designated as Class-II Gazetted Officer. In the year 1988, petitioner was posted as Sub Engineer with Janpad Panchayat, Rewa. On 03.06.1998, Jila Panchayat Rewa sanctioned the work of construction of 01 Km. WBM road from Silpari Nala to Silpari School situated within the area of Janpad Pancyayat, Rewa. The estimated value of the said construction was Rs. 2,95,000/-. On 17.06.1998, the first installment towards the said construction was released in favour of the Sarpanch of Gram Panchayat Kothi. Thereafter, petitioner recommended the second installment to be released to Gram Panchayat. When the work was half way through, the measurement of the work was carried out by the petitioner and necessary entries were made in the measurement book, which was duly completed by the petitioner and, as per the petitioner, the same was handed over in the office of Janpad Panchayat, Rewa for which a receipt was issued by the office of Janpad Panchayat.

(3.) On 31.12.1998, an inspection was carried out by the Sub Divisional Officer, RES, Sub Division, Rewa and a report to that effect was submitted by him. In the said report, some irregularities were found in the work of constructions undertaken by the petitioner. On the basis of the said report, a charge sheet was issued to the petitioner on 29.11.2000 levelling several charges on him alleging that he had carried out fraudulent evaluation of the work of WBM road, which was to be constructed from Silpari Nala to Silpari School. It is alleged that the petitioner fraudulently recommended for release of Rs. 1,19,941/- in favour of Gram Panchayat. It is also alleged against the petitioner that he did not submit the Measurement Book No. 6 and despite instructions issued by the officers, he did not obey their instructions and as such, violated the service rules by ignoring the command of the superior authority.