RAKESH BHANDARI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner working as Executive Engineer, in the respondent Public Works Department (PWD), is aggrieved by the issuance of the charge -sheet against him vide Annex. 1 Dt. 30.08.2010 for the alleged irregularities pointed out against him in the Audit objections with regard to some contracts executed under his supervision way back in the year 1991 about 20 years back. Mr. V.K. Mathur, learned counsel for the petitioner submitted that in view of peculiar facts of the case that even the audit paras themselves, on the reply furnished by the PWD, came to be dropped vide the communication (Annex. 5) Dt. 19.05.2011, therefore, there remained no justification for continuing the enquiry against the petitioner. But, on the contrary, the respondents directed the said enquiry to be clubbed with other two persons vide order Annex. 9 Dt. 30.04.2012. He also pointed out that by an ex parte interim order granted by a coordinate bench of this Court on 19.07.2012, the proceedings in the enquiry have been stayed.

(2.) THE respondents have filed reply to the writ petition and have justified the enquiry and have urged that at this stage, interference of this Court under Art. 226 of the Constitution of India, is not called for as the matter is still pending before the respondent - Department. However, nothing specific has been pointed out in the said reply about the audit paras being dropped on the basis of which the charge -sheet was issued to the petitioner.

(3.) MR . Mukesh Dave, learned Dy. Govt. counsel for the respondents, however, justified the pendency of the said enquiry and opposed the writ petition.