SUDARSHAN CHOUBEY Vs. STATE OF JHARKHAND THROUGH THE SECRETARY/PRINCIPAL SECRETARY, ROAD CONSTRUCTION DEPARTMENT, DHURWA, RANCHI

JUDGEMENT

(1.) The petitioner has approached this Court seeking quashing of notification dated 10.09.2010 and the appellate order dated 19.10.2012. The brief facts of the case are that, the petitioner was posted as an Executive Engineer, Building Division, Chaibasa between the period July, 2005 to June, 2006. A notice inviting tender was published in the newspaper on 5.2.2006. A Charge Memo dated 7.2.2007 was served upon the petitioner on the allegations, of committing irregularities and taking commission in issuing tender, having failed to supervise and in not taking interest in the supervision of the work at Seraikella, not providing the physical verification record and remaining absent, misleading the Government with respect to construction of 'C' type houses at Seraikella, shown disinterest in coordinating with the senior departmental officers and District headquarters and not showing interest in the work as a result of which an amount of about Rs. Two crores was not utilized and was to be surrendered. An enquiry was instituted and enquiry report was submitted on 12.12.2008 in which Charge Nos. 2, 3, 4, 5 & 6 were found not proved and Charge No. 1 was found partly proved. The Disciplinary Authority passed the order of Censure to be recorded in the Service Book of the petitioner and the appeal preferred by the petitioner has been dismissed by order dated 19.10.2012.

(2.) A counter-affidavit has been filed by the respondents stating as under:

(3.) Heard learned counsel for the parties and perused the documents on record.