- (1.) The appellant was charged for misconduct when he was working as Executive Engineer, Panchayat Raj, Kavali, A. P. The charge levelled against him reads as follows: "That you, while working as Executive Engineer, Panchayat Raj, kavali from April 1960 to October 1982, in abuse of your official position and actuated by corrupt motives failed to supercheck the measurements in the M. Book recorded by Shri D. Ram Singh, supervisor, with the connivance of Shri C. Venkateswara Rao, Dy. Executive Engineer, Panchayat Raj, Buchireddipale and allowed Shri D. Ram Singh, Supervisor, Panchayat Samithi, Kovuru to entrust the construction of a housing colony containing 54 blocks through a contractor at Pallipalem, H/o Utukur village, Kovuru taluk, Nellore district at an estimate of Rs. 4,36,000. 00 against the rules and regulations and thus deprived the beneficiaries in participating in the construction work of the colony and that thereby you are guilty of misconduct within 780 the meaning of Rule 2 (b) of the rules framed under the A. P. Civil Services (Disciplinary Proceedings tribunal) Act,1960. "
(2.) The enquiry officer has found that the charge has been proved and he has also specifically stated in para 42 of his report as follows: "But taking into consideration the fact that he is not actually in charge of the building construction, but only overall in-charge being the executive Engineer of the Panchayat Raj, it is hereby recommended to the Government that two increments may be stopped with cumulative effect as far as this charged officer is concerned. "
(3.) Accepting the recommendation of the enquiry officer, the disciplinary authority imposed the penalty as recommended. Against that, the appellant preferred a representation petition before the tribunal without success. Hence the present appeal by special leave.;