(1.) IN this writ petition The petitioner has challenged the order dated 22. 8. 1998 of the Administrative Reforms Department, State of Tripura (Annexure-X) and the order dated 5th July, 1999 passed by the Government of Tripura rejecting the appeal dated 25-9-1998 of the petitioner.
(2.) THE brief facts necessary for adjudicating of the writ petition are that after graduation the petitioner joined the department of PWD, Tripura on 19-8-1968 as Overseer and was promoted as Assistant Engineer on 5-9-1972 and later on, as Executive Engineer w. e. f. 6. 9. 1980. A disciplinary proceeding was drawn against the petitioner on 23rd July, '92 (at Annexure-A to the writ petition) under Rule 14 of CCS (CCA) Rules, 1965 in short called "rules, 1965" on a charge that he committed irregularities in awarding contract as Executive Engineer during the period from 19th July, '89 to 12th April, '90.
(3.) THE Article 1 of the Charge alleged against the petitioner reads as follows : The said Shri Mihir Dutta while functioning as Executive Engineer, Agartala Division No. II, Agartala during the period from 19-7-1989 to 12-4-1990 awarded 362 Nos. of works involving an amount of about Rs. 80. 00 lakhs on the basis of spot quotations. The spot quotations were collected through the S. D. O. (PWD) Sub-Division No. 1 Agartala, SDO (PWD) Mohanpur Sub-Division and SDO (PWD), Khayerpur Sub Division. The quotations along with the comparative statements were sent to the Executive Engineer by the Asstt. Engineers of above Sub Divisions. Shri Mihir Dutta then accepted the lowest quotations and entered into agreements mostly in form 7 with the stipulation to deduct 10% towards E/m and S/d from the bills. The value of each work concerned was within Rs. 30,000/- i. e. within the financial power of the Executive Engineer towards in negotiation. It is observed that though the amount of the estimate was within Rs. 1. 50 lac i. e. within the financial power of technical sanction of the estimate by the Executive Engineer, the estimate was splitted up into small groups in most of the cases and the works were awarded on the basis of spot quotations keeping the amount of each work within 30,000/- i. e. within the financial power of the Executive Engineer to award on negotiation without calling regular tenders for the whole work. Further, Shri Dutta awarded more than one work to each contractor. Action of Shri Dutta in awarding a large number of works on spot quotations after splitting up those into small groups of less than Rs. 30,000/- without inviting regular tenders and also awarding of more than one work to each contractor were against rules and highly irregular.
ABOUT US "REGENT COMPUTRONICS PVT. LTD." is a Company incorporated in 1991 under the provisions of the Companies Act, 1956. Since its inception to 1995, the Company was busy in carrying out the activities related to various Banks' Job Work..
Read More
Sales: sales@the-laws.com
Support: info@the-laws.com
8000853936
9376168072
27, 4TH FLOOR, Agrawal Center, Ashram Road, Income Tax, Ahmadabad 380014.
LOGIN