(1.) The Petitioners have challenged the orders by which a direction has been issued for recovery of the amount mentioned in the impugned orders from their salary after following the procedure in terms of Rule 55A of the Civil Services (Classification, Control and Appeal) Rules (hereinafter referred to as the Rules). Copy of the said orders passed against Petitioner No. 1 has been annexed as Annexure-1, order against Petitioner No. 2 has been annexed as Annexure-5, and order against Petitioner Nos. 3 to 5 have been annexed as Annexure-8 series!
(2.) The Petitioner No. 1 at the relevant time was posted as Executive Engineer in Muzaffarpur, Petitioner No. 2 was posted as Assistant Engineer and other Petitioner were posted as junior engineers. In the year, 1995-96 the Petitioners were entrusted, with the Earthworks in Tirhut Main Canal from distance point No. 704 to 790 and other repairing works. The Chief Engineer, Water Resources Department, Mazaffarpur vide letter dated 19.4.96 communicated the department, to take departmental action against the Petitioners on the allegation that the work has not been completed. There was difference of 86,76,305 cubic ft. in the quantity of the earth work. On the basis of the report of the Chief Engineer, Department constituted a flying squad and the flying squad made an enquiry and submitted a report on 11.5.96 wherein the squad found prima facie a case of misconduct against the Petitioners and others. Thereafter, the department asked explanation from the Petitioners and others. A copy of the said report was also supplied to them. After the Petitioners submitted their explanation again a meeting was held at the government level on 26.8.96 and it was decided that the flying squad will make inspection in presence of the delinquent officers and in pursuance of the aforesaid decision the writ Petitioners participated in the enquiry made by the squad from 6.9.96 to 12.9.96. Thereafter, the squad after completion of the enquiry submitted a report wherein out of 17, six officers were found prima facie guilty of misconduct and accordingly the memo of charge was served upon the Petitioners and they were asked to show cause. A copy of the show cause has been annexed as Annexure-1 to the writ, application. Thereafter, the Petitioners submitted their reply to the show cause and after consideration of the same the impugned order has been passed on the ground that monetary loss has been caused to the government because of the excess earth work shown by the Petitioners and a direction has been made to recover the amount from the Petitioners as mentioned in the impugned order.
(3.) It is asserted on behalf of the Petitioners that the procedure provided under Rule 55A of the Civil Services (Classification, Control and Appeal) Rules (hereinafter referred to as the Rules) was not followed in the sense that an adequate opportunity was not afforded to the Petitioners before passing the aforesaid order.