DEV RAJ Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a petition, under Articles 226 and 227 of the Constitution of India.

(2.) The petitioner was a Head Draftsman, in the scale of Rs. 200-300, in the Sutlej Valley Division, Karcham, Himachal Pradesh P. W. D. Disciplinary proceedings were started against the petitioner on two charges: (1) the petitioner had deliberately delayed the disposal of Work Orders Nos. 31328 to 31333, from 17-81960 to 27-10-1960, which fact reflected on his integrity, and (2) the petitioner had burnt the aforesaid Work Orders on 27-10-1960.

(3.) The statement of allegations, on which the above two charges were based, was to the following effect:-The petitioner had received the Work Orders, on 17-8-1960, from the Sub-Divisional Officer, Tapari, but did not put them to the Executive Engineer for necessary action. The Sub-Divisional Officer, Tapari, was pressing for the approval of the Work Orders. On 27-10-1960, the Executive Engineer had enquired of the petitioner about the whereabouts of the Work Orders. The petitioner had denied that the Work Orders were with him. The Executive Engineer had asked the petitioner and other members of the staff to make a thorough search for the Work Orders and had directed that none should leave the office without his permission. In spite of this direction, the petitioner had left the office, without permission, for his house. The Executive Engineer, along with some other members of the staff, had followed the petitioner, to his house Smoke was coming out of the chimney of the kitchen. The door which had been bolted from inside was got opened by the Executive Engineer. There was fire in the hearth. The Executive Engineer had salvaged some burnt pieces of paper from the hearth. These were found to be portions of Work Orders. The Executive Engineer had recorded the statements of the members of the staff, with respect to the incident. The petitioner had also made a confessional statement to the Executive Engineer on 28-10-1960.