Ramesh Sinha, J. - (1.) HEARD Shri Sunil Kumar Tiwari, Advocate holding brief of Shri Prakash Padia, learned counsel for the petitioner, the learned Standing Counsel for respondent Nos. 1,2 and 4 and Shri B.N. Singh, learned counsel for respondent No. 3.
(2.) COUNTER and rejoinder affidavits have been exchanged between the parties. By means of this writ petition, the petitioner has prayed for quashing of the impugned order dated 26.8.2002 passed by respondent No. 1, Secretary, Public Works Department, Anubhag -VI, U.P., Lucknow, whereby a penalty of Censure Entry and a recovery of 75% of Rs. 13,000/- i.e. Rs. 9750/- as financial loss to the State Government has been caused by the petitioner. The brief facts giving rise to the present writ petition are that the petitioner, who is working as Assistant Engineer in Provincial Division, Public Works Department, Kaushambi, was posted at Sultanpur on 3.2.1990. During his tenure from 1.4.1991 to 30.6.1994, as Assistant Engineer in Sultanpur he was entrusted for construction of a boundary wall under the Technical Education Project of the World Bank in Government Women Polytechnic, Amethi, District Sultanpur. A part of the wall collapsed having not been constructed according to specification. On spot inspection carved out on 30.6.1996 by the authorities concerned, it was found that by his act the petitioner had caused a loss of Rs. 13,000/- to the State Government. The petitioner was then suspended from service with immediate effect by order dated 10th February, 1997. However, an application made by the petitioner dated 24.2.1997, the suspension of the petitioner was revoked by order dated 5.6.1997. A Charge-sheet was served upon the petitioner on 21.8.1997 is being quoted below for ready reference : JUDGEMENT_180_ADJ1_2012Image1.jpg JUDGEMENT_180_ADJ1_2012Image2.jpg
(3.) THE petitioner submitted his reply to the charges on 30.12.1997, inter alia, that the Principal of Government Women Polytechnic, Amethi, District Sultanpur by means of his letter dated 15.5.1993 requesting the petitioner either to raise the boundary wall by 4 feet or the iron /bar wire fence over it. THE petitioner examined himself on 15.6.1998 in the enquiry in support of his case and was cross-examined. By the impugned order dated 28.8.2002 the petitioner was awarded Censure Entry and recovery of 75% Rs. 13,000/- i.e.Rs. 9750/-. The counsel for the petitioner has argued that the part of the boundary wall of Government Women Polytechnic which had fallen down was due to natural calamity and the petitioner was not at fault. It is stated the loss which the State Government had suffered was because of an act of the God for which, the petitioner could not be held responsible, therefore, the impugned order dated 26.8.2002 passed by the respondent No. 1 being illegal and arbitrary is liable to be quashed. ;