KANT KASTWAR Vs. MADHYA PRADESH ELECTRICITY BOARD

JUDGEMENT

(1.) BY this petition under Articles 226 and 227 of the Constitution of India, the petitioner is challenging the validity of impugned orders Annexure-P-5 dated 19. 9. 1996, Annexure-P-12 dated 17. 9. 98, Annexure-P-16 dated 14. 3. 2000 and Annexure-P-27 dated 12. 5. 2000.

(2.) THE petitioner at the relevant point of time was serving as Executive Engineer (Civil) Under the establishment of the respondents. Vide Annex. P-1 dated 23. 3,93 he was charge-sheeted and following charges were framed against him: Shri S. K. Kastwar while working as an Executive Engineer (Civil) in the office of then Chief Engineer (Civil) -II, MPEB, Jabalpur w. e. f. 25. 5. 89 to 8. 6. 92 scrutinised the Vendor's design calculations and drawings for 1200 Cu. m. capacity R. C. C. overhead tank No. 1 at Project Colony of Sanjay Gandhi Thermal Power Station. While scrutinising the said desing and drawing Shri S. K. Kastwar;

(3.) VIDE Annex. P-2 dated 12. 4. 93 the petitioner refuted the charges and specifically mentioned in his reply that the work of scrutinising the vendor's design calculation and drawing of 1200 Cu. M. capacity RCC overhead tank No. I at Project Colony of S. G. T. P. S. , Birsinghpur was never entrusted to him. There is specific averment in the reply that this work was assigned to then DE (Civil) Shri D. V. S. Rao attached to the office of the CE (Civil)-II by then CE (Civil)-II. It was further submitted in the reply that Shri Rao in turn marked the papers to A. E. Shri Talreja, attached to him. After checking of the design by Shri Talreja, Shri Rao requested the petitioner to guide Shri Talreja on some specific points in the design (mainly the design of footing slab ). Thus the main stand of the petitioner against the charge-sheet In his reply is that during the period from 25. 5. 89 to 8. 6. 92 he was not entrusted the impugned work of design.