JOGINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner joined the P.W.D. Department as an Assistant Engineer on 27.5.1964. Between the years 1997 and 1999, the petitioner was working as Chief Engineer, National Highways. He retired on 30.9.1999. Much after the date of his retirement, on 8.3.2002, the petitioner was served a memorandum of charges, intimating that the Governor has proposed to take action against him under Rule 7 of Haryana Civil Services (Punishment & Appeal), Rules 1987 read with Rule 2.2 (b) of Punjab Civil Service Rules, Volume II, as per the allegations set down in the charge sheet.

(2.) It was alleged against the petitioner that while approving the tender for National Highway No. 65 submitted by Superintending Engineer, National Highway Circle, Faridabad, he did not take notice of the contents and consequently allowed the tender in favour of Gawar Co-operative L/C Society, Hisar, without omitting the kilometers, where the pre-mixed carpet works had already been done during April 1998 to September 1998. The Enquiry Officer was detailed to go into the allegations. The petitioner appeared and submitted his reply. The petitioner had produced documents in support of his defence. The petitioner was thereafter exonerated of the charges by the Enquiry Officer.

(3.) The Punishing Authority, however, issued him a show cause notice alongwith copy of dissent note and the enquiry report holding that it was tentatively of the view that the allegation against the petitioner stood proved and the petitioner was guilty of causing loss to the tune of Rs. 32,85,030/-. Accordingly, it was proposed to impose a cut of 20% in his pension alongwith recovery of an amount of Rs. 3,28,503/-, being 10% of the loss. The petitioner was given 15 days' time to file reply.