S.D.SHARMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This Petition under Article 226 of the Constitution of India is directed against the order of the learned H.P. State Administrative Tribunal dated 24-8-1999 passed in O.A. No. 499/98 dismissing the application of the present petitioner whereby he had challenged the imposition of major penalty inflicted upon him.

(2.) The facts relevant for decision of the present case are that the petitioner at the relevant time was working as Junior Engineer in the Irrigation and Public Health Department, Sub Division, Nichar. The Executive Engineer, I & PH Division, Reckong Peo placed an order with one M/s. Sidharatha Sales Pvt. Ltd., Asaf Ali Road, New Delhi for supply of 2.1 M.T. of Bleaching Powder on 3-7-1987. Out of this, 0.7 M.T. Bleaching Powder was to be supplied to I & PH Sub-Division, Nichar. 90% payment for supply of Bleaching Powder was to be made through Bank against despatch documents and proof of supply and balance 10% to be released after actual receipt of consignment.

(3.) It appears that M/s. Sidhartha Sales Pvt. Ltd. despatched 28 bags of Bleaching Powder weighing 0.7 M.T. However, instead of being dispatched to Nichar, the GR for the same was prepared for Reckong Peo. The material was actually unloaded at Sungra, which is about 5 Kms. from Nichar. It further appears that M/s. Amar Lal and Brothers Sungra who had unloaded the consignment at Sungra gave some intimation of receipt of consignment to the office of the Assistant Engineer, I & PH Sub Division, Nichar. On the basis of the said intimation the petitioner on instructions of the Assistant Engineer got the despatch documents released from the Bank on payment of 90% amount i.e. Rs. 2503/- and bank charges of Rs. 20/-. The material kept lying at Sungra and was not lifted from there for considerable period of time. The petitioner claims that the same could not be lifted since the Executive Engineer did not provide truck for transporting the same. A preliminary inquiry was conducted and thereafter disciplinary proceedings were initiated against the petitioner and Assistant Engineer Sh. S.C. Modgil for imposition of major penalty. The Article of Charge against the petitioner reads as follows :