VISHWANAND SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned counsel for the State.

(2.) THE petitioner, who is an Assistant Engineer, is aggrieved by his order of punishment in a departmental proceeding dated 29.10.1999 at Annexure -12. It visits with the punishment of reduction to the lowest time scale of pay and recovery of Rs. 85,000/ - from him.

(3.) LEARNED counsel for the petitioner submitted that the Junior Engineer, who was working with the petitioner under the project was issued memo of charges on 12.8.1992. Charge No. 1 thereof stated that in between RD 62.5 to 67 of the -Sakri Canal Branch, with regard to the earthwork instead of 4.30 lacs cubic feet of earth work done, 17.50 lacs cubic feet earth work was recorded in the measurement book, wrong bills prepared and failure on the part of the Junior Engineer to deposit the measurement book no. 483. The enquiry report after proceedings came to be submitted on 29.1.1993 at Annexure -9/1. From the enquiry report, it is submitted that for reasons 1 to 8 enumerated in the enquiry report with regard to the aforesaid charge, inter alia, on the ground that the Committee constituted to examine the same and on whose report the matter progressed was not authorized in law to do so. The second enquiry was done after a period of six months, in between two monsoon had lapsed which necessarily had to have its effect on earth work. The delinquent was not noticed to be present and no measurements were taken in his presence etc. As a result, the Inquiry Officer returned a finding of exoneration with regard to charge no. 1. It is a separate matter that he was exonerated of other charges also with which the petitioner is not presently concerned.