PANCH DEV JOSHI Vs. STATE OF UTTARAKHAND AND OTHERS
HIGH COURT OF UTTARAKHAND
Panch Dev Joshi
State of Uttarakhand and others
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(1.) Heard learned counsel for the parties and perused the record.
(2.) Briefly stated that the respondent no.3, the then Deputy Director Soil Conservation, Almora, made complaint alleging that the then Soil Conservation officer committed illegality in applying the rates of Rs. 35.00/- and Rs. 17.00/- for breaking of stones, and thus caused huge loss to the department. Pursuant the complaint of the respondent no.3 a F.I.R. against the then Soil Conservation Officer Gyan Sing was lodged and disciplinary proceedings were also initiated against 49 employees working in the Soil Conservation Department. Disciplinary proceedings also initiated against the petitioner in relation to the same incident and same period of time and in this regard a charge sheet was given to the petitioner mentioning three charges. Charge No.1 is as follows:-
"That the petitioner certified 'breaking of' 20 to 40 mm. 100 to 150 mm. stones in the construction of rivulet (Nala), whereas breaking of stones of such charges dimensions was not proposed in the work plan. Still the petitioner certified the work irregularly and fraudulently and because of petitioner's certification, soil conservation officer made payment to the labours for the said work and the government incurred a loss of ' 10,63,022/-.
(3.) In the case in hand, this Court is concerned with the said charge only, as from other two charges petitioner was exonerated. The petitioner submitted reply in which the petitioner specifically and categorically submitted that he has not certified breaking of stones of 20 to 40 mm. 100 to 150 mm. as alleged in the charge sheet.;
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