S. B. Sinha, J. - (1.) The Appellant was working as a Junior Engineer at Jagadalpur in the year 1969-1970. He allegedly failed and/or neglected to maintain a register known as ACE-8 Register. After he had handed over charge to his successor Shri K.C. Sariya, on or about 11-4-1975, a disciplinary proceeding was initiated against him on the following charges :"(i) he had failed to maintain ACE-8 Register showing acquisition and utilisation of 4000 Kgs. of telegraph copper wire received from SDOT, Raipur, through Sub-Inspector, Kashiram and Badul Quadir on 22-10-1969, 30-10-1969 and 2-12-1969 for utilisation on Geedam-Bairagarh truck line against estimate No. 2162 duly approved; (ii) that he had failed to supervise the working of the line and utilisation of copper wire while the rules require the personnel supervision and accountability of the said wire; and (iii) that he also showed misleading entries on the bills of transportation for transportation of the material."
(2.) The disciplinary proceedings remained pending for a period of seven years. A report was submitted by the Enquiry Officer only in the year 1982. In the disciplinary proceeding, the first two charges were held to have been proved against the Appellant but the third charge was not proved. He was directed to be removed from service by the Disciplinary Authority by an order dated 21-12-1983. An appeal preferred thereagainst came to be dismissed by the appellate authority by an order dated 21-2-1991 i.e. after a period of seven years holding : "The ACE-8 sheets were still not available in estimate files of 2160 D(a) and 2161 D(a) 69-70. If the statement of Shri Bijlani is taken to be correct that ACE-8 were prepared and kept in respective estimate files and were made over to Shri Sariya, then it should not have been necessary for Shri Bijlani to prepare ACE-8 again on 25-12-73. He could have mentioned that numerical account of 150 lbs copper wire can be made from ACE-8 slips kept in the respective estimate files. The statement of Shri Bijlani that he prepared ACE-8 of 150 lbs copper wire on 25-12-73 on the basis of limited records shown to him is also not acceptable. He could have demanded access to all the records for preparing numerical account of 150 lbs/ mile copper wire. The E.O. has therefore rightly recorded wire 150 lbs/mile in ACE-8 (DOC.I). 150 mile copper wire was issued to east Jagdalpur on 22-10-69 (2204 lbs) 30-10-69 (2218 lbs) and 02-12-1989 (4398 lbs) by 20-10-1969 (2218 lbs/mile) copper wire received 8820 lbs. Of 150 lbs/mile copper wire but he did not keep its numerical account in ACE-8 and could not prove its utilization property."
(3.) The appellate authority went into question of maintenance of muster roll and the diaries maintained on day to day basis although that was not the subject matter of charge. On the said basis, it was held : "Thus the charge of failure to maintain ACE-8 and his failure to supervise the work of SIT and utilisation of copper wire is proved." ;