CHOUDHARY VIJAY KUMAR SHARMA S/O LATE JAGDISH SHARMA, RESIDENT OF VILLAGE-JHAKHRA, P.S.-PIPRAKOTHI, DISTRICT-EAST CHAMPARAN Vs. THE STATE OF BIHAR & ORS.

JUDGEMENT

(1.) The facts of both the cases are similar. Counter affidavit and rejoinder are there, with consent of parties, both the writ petitions have been heard for final disposal at this stage itself. The facts of the first writ petition are referred in detail.

(2.) The petitioner challenges the order of punishment as imposed against him in a departmental proceeding (Annexure-5) reverting him to the minimum scale of pay, as affirmed by the order of the appellate order, as contained in Annexure-7.

(3.) Learned counsel for the petitioner states that the petitioner at the relevant time was a Junior Engineer supervising the construction of Swarn Rekha Canal Irrigation Project. He alongwith several other Junior Engineers and other Engineers have been proceeded against. The basic charge against them is that they did not properly supervise the work of the private contractor and certified the work to be completed. The work was not done according to the specifications. Specifically, it has been asserted that the thickness of concrete work was grossly deficient causing loss of about Rs. 7.5 crores to the State. This deficiency in work was based upon finding recorded by a flying squad who measured the work done and found that the concrete thickness was less than that what was prescribed as per the contract. Petitioner and other Engineers were, accordingly, suspended and departmental proceedings initiated.