GOPI RAM GOYAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this writ petition, the petitioner has challenged the penalty order dated 31. 7. 1991 (Annexure 9) as well as order passed on 15. 1. 1993 (Annexure 11) whereby review petition submitted to the Governor has been dismissed being barred by time.

(2.) WHILE working as Superintending Engineer, the petitioner was served with a charge sheet under Rule 16 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 (hereinafter referred to as the `rules of 1958') vide memorandum dated 23. 8. 1986 for supervisory negligence over Mr. N. C. Garg, JEN and V. N. Sharma, Sub Engineer for the period of his working as Executive Engineer. The petitioner submitted a detailed reply to the charge sheet which was examined and the said enquiry was converted into one under Rule 17 of the Rules of 1958 vide order dated 14. 10. 1990. Thereafter, after hearing the petitioner, punishment of censure was imposed vide order dated 31. 7. 1991 (Annx. 9) even after finding that though the petitioner who was charged with the responsibility for violation of Rules 70-75 of the PWF & AR is not proved, but was responsible for supervisory negligence under Rules 75-79 of the PWF & AR.

(3.) THE charge against the petitioner was as follows: ``shri Gopi Ram Goyal while working as Executive Engineer in Sub Division IIInd V of Division VIII during the year 1977 was found responsible for supervisory negligence in the discharge of his duties as laid down in Rules 70 to 75 and Rules 195 to 199 of PWF & AR. Due to his carelessness and negligence Shri N. C. Garg, JEN misappropriated 3375 bags of cement in collusion with Shri V. N. Sharma another Sub-Engineer amount to Rs. 67,500/-, this causing a loss to the Governor for Rs. 67,500/- as indicated in the statement of allegation. ''