- (1.) Heard learned counsel for the petitioner and learned Standing Counsel for the State respondents. Shri Ratnakar Upadhyay, holding brief of Shri R.K. Ojha appears for the contesting-respondents.
(2.) By means of present writ petition, the petitioner has prayed for quashing the impugned order dated 29.6.2001 passed by respondent no.4 and has further prayed for direction to the respondent no.8 not to deduct any amount from his salary.
(3.) It appears from the record that the petitioner was initially appointed on the post of Junior Engineer vide appointment letter dated 20.10.1972 and in pursuance of the said appointment letter, he joined on 28.10.1972 and since thereafter, he was discharging his duties. In the year 1987 he was transferred to District Shahjahanpur. The construction of National Highway-24 was going on at Shahjahanpur and the construction materials were kept at the site for which measurements were required to be done by the Junior Engineers and after measurement, the payments were to be made to the contractors. Shri A.K. Mishra-respondent no.7 made measurement of 22.4 MM size stone gritt, 533.41 cubic metre and 11.2 MM size stone gritt 334.62 cubic metre and a running bill was prepared by him after entering it in the measurement book but the Resident Engineer had not checked the measurement, therefore, the same was not accepted by the contractors and the payments were not made. When the payments were not made, the agitation was made by the contractors at the site. On 15.6.1996 an office order was passed by the respondent no.5 that all the measurement done must be entered in one Road Metal Return (RMR) and before the use of the material the same should be checked by the Junior Engineer/Resident Engineer and the receipt of the same should be given to the Junior Engineer. It was also ordered that the measurement done by Shri A.K. Mishra on 30.5.1996 may be taken in RMR of plant Junior Engineer and Resident Engineer. Shri A.K. Mishra was directed to remain at the site and give a receipt to Plant Junior Engineer after satisfaction of the consumption of the material.;