RAM AVTAR SHARMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been preferred by the petitioner seeking following relief(s):

(2.) Learned counsel for the petitioner submitted that at the relevant point of time, petitioner was working on the post of Executive Engineer (Water Resource) Division Bhind and was placed under suspension. One Dheerendra Pandey, AG-III working in the office of Executive Engineer, WRD, Bhind was placed under suspension vide order dtd. 30/9/2011 and he had challenged the said order by filing W.P. No.6894/2011(S) and the Court has quashed the aforesaid order by order dtd. 6/8/2012, holding that the order of suspension was not passed by the Competent Authority and in compliance of the aforesaid order his suspension order was revoked by order dtd. 26/11/2012. Preliminary enquiry was conducted on 30/8/2011 by Chief Engineer, Yamuna Basin (Water Resources) Gwalior regarding allegation levelled against petitioner and it has been found that the stationary having amount of Rs.21,110.00 purchased has been physically found and no misappropriation of fund has been made. On 8/11/2011, charge- sheet was issued against the petitioner levelling the allegation that from July, 2010 to February, 2011, petitioner has made payment of amount of Rs.11,420.00 to Dheerendra Pandey, AG-III on the basis of forged bills of stationary, therefore, allegation was levelled that the petitioner has embezzled the Government amount through Dheerendra Pandey. On 12/12/2011, petitioner submitted reply of charges denying the allegation levelled against him. On 23/5/2012, State Government has appointed the Inquiry Officer to the Chief Engineer G.S. Shrivastava. Inquiry officer submitted the report on 28/6/2012 to the effect that petitioner has not committed any embezzlement of the Government fund and also not taken any individual benefit. The State Government vide order dated 31-10- 2012, raised some objection on the enquiry and called explanation from the Inquiry Officer. However, the Inquiry Officer has submitted the explanation and submitted that he has physically verified the stationary register and also recorded the statement of various employees regarding use and receiving the stationary and it was found that stationary purchased by the petitioner was used by the department.

(3.) Thereafter, Inquiry Officer was changed and the enquiry report was sought on three points from Shri N.P. Kori, Chief Engineer, Yamuna Kachhar, Water Resources Department, Gwalior. However, Shri N.P. Kori, Chief Engineer has submitted the report on 3/4/2013 to the State Government and in the said report, no opportunity of hearing was extended to the petitioner and recorded the finding that the stationary purchased has been distributed to various offices found true and it is submitted that procedure for purchasing and issuing the stationary has not been followed, but fact remain that the charge lavelled against the petitioner that he has embezzled the Government fund was not found proved. On 22/1/2015, a notice was issued to the petitioner to submit the reply on the enquiry report. Petitioner submitted the representation on 29/1/2015 mentioning that in the earlier report, he was given opportunity of hearing, but in the later enquiry report dated 03-04- 2013, no information or opportunity of hearing was extended to him and it is submitted that against the later enquiry dtd. 3/4/2013, petition was filed by the petitioner. The order of punishment has been passed on 25/8/2015 (Annexure P-19), whereby entire pension of the petitioner (except minimum pension) has been withdrawn as the petitioner was compulsorily retired on 8/4/2013.