Dinesh Chadnra Gupta vs State Of U.P.& 3 Ors.
2013 Latest Caselaw 5632 ALL

Citation : 2013 Latest Caselaw 5632 ALL
Judgement Date : 9 September, 2013

Allahabad High Court

Dinesh Chadnra Gupta vs State Of U.P.& 3 Ors. on 9 September, 2013

Bench: Rajes Kumar, Manoj Misra




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 33
 

 
Case :- WRIT - A No. - 46454 of 2013
 

 
Petitioner :- Dinesh Chadnra Gupta
 
Respondent :- State Of U.P.& 3 Ors.
 
Counsel for Petitioner :- Mainsh Goyal
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Rajes Kumar,J.

Hon'ble Manoj Misra,J.

The petitioner is an Executive Engineer, Construction Division, Public Works Department, Chandauli. By the impugned order dated 12.7.2013, the petitioner has been suspended on the ground that in the inquiry and test reports dated 2.6.2013 and 3.6.2013 of Task Force, constituted by the Engineer-in-Chief (Development) and Head of the Department), P.W.D., Lucknow, certain discrepancies were found in the construction of Mughalsarai-Chakiya Road.

Learned counsel for the petitioner submitted that the Chief Engineer, Varanasi Range, Varanasi of the same department made an inspection of the same road and reported that the work quality is superior. He submitted that the Task Force's report has never been confronted to the petitioner and no such alleged inquiry has been made in the presence of the petitioner. He further submitted that while passing the impugned suspension order, no objective satisfaction has been made on the material on record and no finding in this regard has been recorded as required under Rule 4 of the Uttar Pradesh Government Servant (Discipline and Appeal) Rules, 1999. He placed reliance on the various decisions of this Court.

On the peculiar facts and circumstances of the present case, we are of the view that the matter requires consideration.

Let the learned Standing Counsel file counter affidavit within a period of four weeks annexing the copies of the reports dated 2.6.2013 and 3.6.2013 recorded in the impugned order.

List in week commencing 28.10.2013.

Till the next date of listing, the impugned order dated 12.7.2013, Annexure-1 to the writ petition, shall remain stayed. Meanwhile, the Inquiry Officer is directed to conclude the inquiry within a period of three months and submit the report to the disciplinary authority and the disciplinary authority, thereafter, shall pass a final order within another period of one month.

Order Date :- 9.9.2013