- (1.) Heard Sri Manish Goyal, learned counsel for the petitioner at length and learned Standing Counsel for the respondents.
(2.) Learned Standing Counsel did not propose to file any counter affidavit since the arguments advanced by learned counsel for the petitioner are basically legal and he submitted that this writ petition may be decided after hearing the oral submissions as also the record of this writ petition itself and it is in these circumstances and with the consent of learned counsel for the parties, I proceed to hear and decide this matter finally at this stage under the Rules of the Court.
(3.) The petitioner, Kamleshwar Prasad Gupta, is a Junior Engineer in Public Works Department (hereinafter referred to as the "PWD"). He has been placed under suspension vide order dated 16.07.2013 (impugned order) passed by Engineer-in-Chief (Development) and Head of Department, Public Works Department, Lucknow on certain acts and omissions constituting misconduct, indication whereof has been given in the impugned order. It alleges that the work quality, standard and specifications of approach road and additional approach road to under construction bridge at Budi Rapti River, Riwanankar Khajurdarh Road was checked by a team constituted by the Chief Engineer, PWD Gorakhpur and in its fact finding report dated 26.06.2013 the team has found that average crust of approach road from Chainage 0 to 316 (in the center) was 22.17 cm instead of 25 cm which was less than 2.83 cm to the prescribed limit. This deficiency has caused a total loss of Rs. 88,635.70 to the public exchequer. For the serious financial irregularities for which petitioner has been found prima facie responsible, he has been placed under suspension in a contemplated disciplinary inquiry against him under U.P. Government Servant (Discipline and Appeal) Rules, 1999 (hereinafter referred to as "1999 Rules").;