UMESH CHANDRA CHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD Mr. Durgesh Nandan, learned counsel for the petitioner and Mr. Jainendra Kumar Sinha, learned counsel appearing on behalf of the State of Bihar and its official respondents.

(2.) THE petitioner is aggrieved by the notification issued vide memo no. 1490 dated 04.12.2002 (Annexure- 18) whereby the punishment of dismissal from service has been imposed on the petitioner. On the date of issuance of the impugned order of punishment, the petitioner was a Junior Engineer (under suspension) Flood Control Division, Darbhanga.

(3.) THERE were two charges against the petitioner, the substance of which are as follows:- Charge No. 1: Repair work was got executed between the period 01.04.1997 to 12.07.1997 after receiving a sum of Rs. 33.66 lakh from the Administration without obtaining valid departmental sanction on basis of wrong / imaginary figures / measurement; out of which 19.96 lakh was paid through the petitioner. Charge No. 2: The petitioner certified, on the basis of entries in the Measurement Book and Ledger, execution of earth work wroth Rs. 36.16 lakh (162515 m3) whereas, the Inspecting Team has found the actual earth work measuring 84191 m3 only worth Rs. 16.63 lakh. The petitioner, thus misappropriated the public money, with the connivance of concerned officials to the tune of Rs. (33.66-16.63)=17.03 and made unsuccessful attempt to misappropriate a sum of Rs. 2.50 lakh (36.16-33.66).